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TERMS AND CONDITIONS
The
terms and conditions outlined below apply to all purchases made from
Denfind
Stone.
In
these terms and conditions of sale, “Denfind Stone” will
mean to Denfind Stone
Ltd and “ the customer” will mean the individual or company
placing an order
with the company.
General
By
placing an order with Denfind Stone, the customer agrees to be bound by
and
accept and conditions of sale. These
terms and conditions supersede and replace and prior written
agreements,
representations or understandings between Denfind Stone and the
customer.
All
orders of goods are subject to availability.
Denfind Stone will inform the customer
as soon as possible if goods are
not available. It is the customers
responsibility to check that all details of its order are correct.
Denfind
Stone will not be responsible for any typographical error or omission
in any
print or web order.
Prices
Prices
shall be exclusive of VAT, delivery and any other duty.
Prices,
quotations or estimates are those current on the date when given or
when posted
on Denfind Stone’s website. Denfind
Stone will retain the right to alter them without notice.
Mixing
Stone
If
the customer is mixing colours or types of stone it is recommended that
the
customer ensures that they order enough of the goods to ensure that
there is an
even mix of colour and an adequate amount to cover the area required. It is also recommended that the builders
are
aware that there is a mix of colour and to ensure that the stone is
built
accordingly.
Examination
and Acceptance
If
the customer is acting in the course of its business, paragraph (i)
applies. If the customer is acting in
the course of its business (ie it is a consumer), then clauses (ii),
(iii) and
(iv) applies.
Business Sales
(i)
The customer must inspect the goods on delivery or collection (as the
case may
be) that they are the correct type, of satisfactory quality, undamaged
and the
correct amount and if not, the customer must notify the company within
48 hours
of delivery or collection for correction or replacement.
If the customer does not reject them
within
this timeframe they are deemed to have accepted them and the company
will have
no liability thereafter.
Consumer
Sales
(ii)
If the goods are not of satisfactory quality and undamaged and the
customer notifies
the company within 7 days (starting on the day after the day of
delivery or on
the day of collection), the customer will be entitled to reject them
and the
company will either refund to the customer the price of the goods
(including
any delivery charges) or make available replacement goods (at the
Customer’s
option). If the customer opts for
replacement and it paid for delivery of the original goods, the company
will
deliver the replacements to the customer; if the customer collected the
original goods, the company will make the replacement available for
collection
by the customer.
(iii) If an incorrect amount of the goods
is
delivered or collected and the customer notifies the company within the
7 days,
the company will arrange to deliver or make available, the correct
quantity of
the goods.
(iv)
The customer will be deemed (assumed) to have accepted the goods if the
customer has not returned them to the company or informed the company
of their
rejection within the 7 days.
Right
of Cancellation for Consumers
This
paragraph only applies if the customer is acting for a purpose outside
its
business or if the customer has not visited the company’s
premises in relation
to its order for the goods. The customer
may cancel its order within 7 working days beginning the day after it
received
the goods.
The
customer cannot cancel if the goods are made specifically for it, or it
has
installed any of them, or if it has damaged the goods in any way.
If
the customer wishes to return the goods then it must arrange for the
goods to
be returned to the company. The customer
must pay for the cost of sending the goods back to the company or the
company’s
cost of collection. The goods must be
returned undamaged and unaltered.
To
cancel, the customer must let the company know in writing that it
wishes to
cancel. It must be by personal delivery,
letter, fax or email sent within the 7 days to the company at the
address
above. If the customer tells the company
verbally, it will nevertheless need to confirm it within the 7 days.
Delivery
Time
of delivery is not guaranteed nor of the essence. Any
schedule given by the company regarding
delivery is given in good faith and the company shall endeavour to
comply with
it. The company will not be liable for
any costs or expenses incurred as a result of late or no show as all
deliveries
are undertaken by contractors outside Denfind Stone Ltd.
Access
to the delivery point must be on hard standing.
The company reserves the right (and with
absolute discretion) not to
deliver the goods or to deliver them to the nearest area of hard
standing in
the event that the delivery point is not on hard standing.
It
is the customer’s responsibility to make the company aware of any
access
restriction difficulties and to ensure that a responsible person is on
site to
supervise off-loading.
Should
the company decide not to deliver the goods as a result of the
foregoing, the
customer will nevertheless be responsible for the costs of delivery,
re-delivery (if applicable) and storage.
Should
the company decide to carry out the delivery to the delivery point even
though
it is on hard standing or there are access restrictions or
difficulties, the
customer shall indemnify the company for any loss or damage caused to
the
delivery vehicle or goods and for any injuries to any person directly
or
indirectly resulting.
Where
delivery or collection or an order is made by instalments, each
delivery or
collection will be deemed to be the subject of a separate contract. Any failure by the company in respect of the
delivery shall not entitle the customer to repudiate the order or any
remaining
instalments on goods being delivered.
Payment
Payments
is due before delivery unless credit facilities have been agreed in
advance. All invoices allocated to credit
accounts to be paid no later than 30 days after date of invoice. The company may, on due notice in writing at
any time withdraw the credit facilities that it has extended to the
customer.
The
customer shall make all payments due under the contract without any
deduction
of set-off, counterclaim, discount or otherwise, unless they have
written
confirmation from the company.
If
the customer fails to pay the company any sum due by the due date, the
company
negates any further deliveries until payment is made or terminate the
contract. The customer will begin adding
interest to the company on such sums from the due date at the monthly
rate of
base rate at Clydesdale Bank Plc from time to time, accruing on a daily
basis
until payment is received. The company
reserves the right to claim interest and compensation for late payment
under
the Payment of Commercial Debts (Interest) Act 1998.
Limitation
of Liability
The
remedies set out at “Examination and Acceptance” shall be
the sole remedies of
the fullest extent permitted by law.
The
company’s liability to the Customer, including negligence, shall
in any event
be limited to the price paid for the goods (including delivery). The company shall not be liable for loss of
profit, business, goodwill, reputation, anticipated savings or for any
consequential loss.
Nothing
in these terms and conditions shall limit any rights which the customer
may
have as a consumer under statute or to limit the company’s
liability for death
or personal injury company’s negligence or for fraud or
fraudulent
misrepresentation.
Risk
& Title
Unless
otherwise stated, title to the goods passes to the customer upon
receipt of
payment of the goods, in cleared funds.
Risk
of damage to, or loss of, the goods shall pass to the customer at the
time when
they are either collected by the customer at the company’s
premises, or when
delivery is made to a location specified by the customer.
Samples,
Variations, Quantities and
Suitability
Samples
submitted by the company are an approximate indication of texture,
size, colour
and general appearance only. Technical
or other data are intended as a guide only.
As the product is natural, there may be
significant colour and surface
differences between stone within the same range.
Variations
in colour will occur as stone is a natural product.
With time after use changes in colour
can
occur. This is a natural process for
which the company will not be liable or responsible for.
It
is the customer’s responsibility to ensure that it has ordered
the correct
quantity.
The
company does not give any warranty as to the suitability of the goods
for any
given environment.
Force
Majeure
The
company shall not be liable for any failure to supply or deliver the
goods to
the purchaser from circumstances outside its reasonable control.
Web
Site
The
information, descriptions and images appearing on the company’s
web site are
for information only and should not be relied upon.
The company reserves the right to modify
the
content on the site at any time and without prior notification, such
changes to
take effect on publication.
Variations
Any
variations to these terms and conditions must be in writing and signed
by a
director of the company.
Third
Parties
No
third parties are intended to have any right to enforce any provision
of these
terms and conditions.
Price
& Payment
For
general help and information please contact us.
The
price for the goods will be as specified at the time at which you order
them. Unless otherwise stated the
price
does not include delivery and VAT which are extra.
Where prices are shown to include VAT
this is
at the current rate interest where applicable.
Any
customs or import duties levied once the package reaches your country
will be
the responsibility of the customer as we have no control over these
charges and
cannot predict what they will be.
We
accept all major credit and debit cards over the phone.
We
also accept orders paid by cheque if you prefer. Cheques
should be made payable to Denfind
Stone Ltd. For security reasons orders
cannot be dispatched until your cheque has cleared.
Delivery
The
company does not undertake deliveries.
Deliveries are contracted out and the
customer is liable for the full
amount of the delivery charged to the Company by the Contractor. Prices may vary from quotes given
over the
phone.
Responsibility
for the Goods
You
will be responsible for the Goods from the time when they are delivered
to
you. We will be responsible for the
Goods while they are in transit so that if they are damaged on arrival
under
the returns policy we will replace them free of charge.
To take advantage of our returns policy
however, you must inform us within 3 working days of their being
delivered to
you – you can contact us on 01382 370220.
If they do not arrive at all we will
also replace the Goods free of
charge.
Returns
Unwanted
Goods
Some
of our products are made to order, which means that we cannot exchange
of take
back unless it is actually defective. If
this is the case, we will let you know that the item is non returnable
before
we process your order. We realise it is
difficult to know exactly what you are getting, so for made to order
items we
can arrange to send you material sample in advance.
Damaged
or Defective Goods
You
must contact us within 3 days of receipt if items are damaged or
defective on
arrival. Goods which have been damaged
in transit, or are different from the information given about them on
the site,
can be replaced at no cost with free delivery.
Company
Information
Registered
Address:
Denfind
Stone Ltd, Denfind Farm, Monikie, Angus, DD5 3PZ
Company
Registration Number
VAT
Registration Number GB 847 4238 07
Privacy
We
follow strict security procedures, as required by the UK Data
Protection
Legislation regarding storage and disclosure of any information given
by
you. Under these guidelines we offer an
assurance of total confidentiality and promise that your details will
not be
disclosed to any other companies other than to fulfill your order, in
which
case the minimal information will be given.
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