TERMS AND CONDITIONS FOR THE SALE OF GOODS

1. Definitions

Business Days a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

Buyer the person who buys or agrees to buy the goods from the Seller.

Conditions the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.

Event Outside its Control means any act or event beyond the Seller’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

Goods the articles which the Buyer agrees to buy from the Seller.

Order the Buyer’s order for Goods from the Seller.

Seller means Natural Stone and Timber Ltd a company registered in England with registered number 04939065 and with its registered office at Voyager Park North, Portfield Road, Portsmouth, PO3 5FX.

2. Making the Contract and these Conditions

These Conditions are the terms and conditions on which the Seller supplies Goods to the Buyer shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods to the exclusion of all other terms and conditions (including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document).

All Orders shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions. These Conditions will only become binding on the Seller and the Buyer when the Seller confirms to the Buyer that it is able to provide the Buyer with the Goods requested in its Order, which the Seller will also confirm in writing, at which point a contract will come into existence between the Seller and the Buyer.

Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.

These Conditions may not be varied except by the written agreement from a director of the Seller.

These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.

3. Changes to Orders and Made-to-Measure Goods

Except in the case of made-to-measure or special order Goods, the Buyer may make a change to an Order by contacting the Seller at any time up to 3 Business Days before the Seller has dispatched the Goods. Where the change in Order means a change in the total price of the Goods, the Seller will notify the Buyer of the amended price in writing.

If the Buyer wishes to can cancel the Order before it has been fulfilled, it should refer to clause 15 of these Conditions for its right to cancel. In the case of made-to-measure or special order Goods, because the Goods are made to the Buyer’s specific requirements or incur additional cost by the Seller in acquiring them, the Buyer is not able to cancel an Order once it is made and/or the Seller has placed an order itself for non-stock products.

If an Order requires the Seller to provide made-to-measure Goods, the Seller shall make those Goods according to the measurements provided to it by the Buyer. The Buyer should make sure that its measurements are correct and accurate. The Seller cannot accept the return of made-to measure Goods if the reason for the return is because the Buyer provided the Seller with incorrect measurements. This does not affect the Buyer’s legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described. The Buyer can find advice about its legal rights at its local Citizen’s Advice Bureau or Trading Standards office.

4. Price of Goods

The price of the Goods will be the Seller’s published price in force at the date of acceptance by the Seller of the Order. Where a quotation has been provided by the Seller the prices stated will be valid for a maximum of 30 days.

All prices are subject to VAT at the current rate and do not include delivery costs which will be added to the total amount due from the Buyer.

The Seller’s prices may change at any time, but price changes will not affect Orders that the Seller has confirmed to the Buyer when accepting an Order. It is always possible that, despite the Seller’s best efforts, some of the Goods the Seller supplies may be incorrectly priced. The Seller will normally check prices as part of its dispatch procedures and if the Good’s correct price is higher than the price stated on the Seller’s website, the Seller will contact the Buyer to inform it and request it instructions on whether it wishes to proceed with the Order at the correct price.

If a pricing error is obvious and unmistakeable and could have reasonably been recognised by the Buyer as a mispricing, the Seller will not have to provide the Goods to the buyer as the incorrect (lower) price.

5. Payment and Interest

Payment shall be due at the time the Order is placed unless the Buyer is an account holder with the Seller in which case payment is due within 30 days of the date of the Seller’s invoice.

No payment shall be deemed to have been received until the Seller until all funds are cleared.

If the Buyer does not make payment when due, the Seller may charge interest to the Buyer on the overdue amount (such interest shall accrue on a daily basis from the date when payment becomes due until the date of actual payment of the overdue amount) at the rate of 4 % per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment. The Buyer must pay the Seller interest together with any overdue amount.

If the Buyer disputes an invoice in good faith and contacts the Seller to let it know that it is disputing an invoice promptly after receiving it, the Seller agrees not to charge interest (in accordance with the above) for the period of the dispute.

The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.

6. Goods

The quantity and description of the Goods shall be as set out in the Seller’s acceptance of Order.

7. Samples and Advertising

Samples of Goods may be provided out of stock on request through the Site or by telephone. Samples are provided for guidance only. Samples of a Good may differ as the Goods are natural and no two samples of the same Good will are identical. Samples may be subject to a small fee for postage and packing.

The images of the Goods as shown on the Seller’s website, displays in the Seller’s showroom or in its brochures and catalogue are for illustrative purposes only. Although the Seller has made every effort to display the colours accurately, the Seller cannot guarantee that your computer’s display of the colours or the printed pictures accurately reflect the colour of the Goods. The Goods delivered to the Buyer may vary slightly from those images and samples. Although the Seller has made every effort to be as accurate as possible, where Goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated on the Seller’s website, catalogue or brochure have a 4% tolerance.

8. Delivery of the Goods

Delivery costs will be provided at the time of purchase and will form part of the purchase price. Delivery charges can vary depending on postal codes, the weight of the Goods, the day of delivery, sizes of packaging and type of delivery vehicle required.

The Seller will provide the Buyer with estimated delivery dates. Whilst the Seller will use all reasonable efforts to deliver the Goods at the time specified, the delivery dates are only estimates and failure to comply with the specified delivery date shall not constitute a breach of these Conditions. Delivery of an Order shall be completed when the Seller delivers the Goods to the address the Buyer provided the Seller with or when the Buyer has collected the Goods from the Seller.

All deliveries will be made using a tail lift vehicle unless otherwise requested, delivery will generally be kerbside depending on the vehicle used and the access to the Buyer’s designated delivery site. If there are access problems such as:

• Weight or height restrictions;
• Steep gradients, uneven or loose surfaces;
• Access restriction for large delivery vehicles;
• Low bridges or overhanging trees or cables; or
• Waiting time restrictions.

The Seller must be informed when the Buyer places an Order if any of the above mentioned access issues apply so that an alternative location for delivery of the Goods (such alternative address to be the nearest easily accessible and safe access point for the address stated) can be agreed upon by the Seller and the Buyer.

The Buyer shall inform the Seller if any of the Goods are incorrect or if they are unhappy with product type and colour this must be done immediately after delivery whilst the delivery driver is still on site. The delivery note provided by the haulage contractor must be marked damaged, failure to do this will waiver your rights and any additional delivery costs will be charged.

The Buyer or the Buyer’s representative will need to be present at the delivery address on the specified date of delivery, unless alternative arrangements are agreed by the Seller prior to delivery. If no one is present at the time of delivery, the Goods will be retained by the haulage contractor to the nearest depot until the Seller receives further instruction from the Buyer. A re-delivery charge will be added to the cost of the Goods to cover additional haulage.

If previously arranged with the Seller, deliveries can be left without the Buyer being present but the Seller cannot accept any responsibility for incorrect delivery, loss or damaged of Goods after the time of delivery.

9. Acceptance of the Goods

The Buyer shall be deemed to have accepted the Goods if it has not notified the Seller otherwise within 48 hours after delivery of the Goods to the Buyer.

The Buyer (or any receiver it has nominated to accept delivery of the Goods, such receiver being the Buyer’s agent for the purposes of receiving delivery)_shall carry out a thorough inspection of the Goods at the point of delivery to confirm that they are received the correct products and they are happy with the goods. Any problems with the product selection must be reported whilst the haulage contractor is still on site. Any shortfall or damage must be reported within 48 hours of delivery and shall give written notification to the Seller.

The Seller will only replace damaged tiles if the total amount is greater than 5% of the total order. Photographic evidence of any damage may be required to aid with any insurance claim the Seller may have against the haulage contractor.

Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goodsbr />
Nothing in this clause shall affect the Buyer’s legal rights as a consumer. The Buyer can find advice about its legal rights at its local Citizen’s Advice Bureau or Trading Standards office.

10. Faulty products

Before delivery, the Seller may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.

In order to provide you with any remedies for a faulty Product, the Seller may need the Buyer’s assistance and prompt provision of certain information regarding the Goods, including the Buyer:

(a)specifying with reasonable detail the way in which it is alleged that the Goods are damaged or defective;
(b)providing to the Seller photographic evidence (if requested); and
(c)providing the Seller with the delivery note number and such other information as we reasonably require.

If the Buyer would like the Seller to repair, replace or provide a refund for the Goods where it did conform to the contract, and the Seller finds that the Goods has, after delivery by the Seller to the Buyer:

(a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
(b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
(c) been dealt with or used contrary to the Seller’s or the manufacturer's instructions for the Goods; or
(d) been used, installed or incorporated into any part of the Buyer’s property; or (e) deteriorated through normal wear and tear,

the Seller may at its sole discretion decide not to repair, replace or refund the Buyer for the Goods and/or the Seller may require the Buyer to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, and, to the extent permitted by law, the Seller shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

11. Consumer Rights to Return Goods and Refunds

If the Buyer is a consumer and has placed and Order via the Seller’s website or over the telephone, it has a legal right to cancel a contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in this clause 11. This means that during the relevant period if the Buyer changes its mind or for any other reason decides it does not want to keep a Good, the Buyer can notify the Seller of its decision to cancel the contract and receive a refund. Advice about the Buyer’s legal right to cancel the contract under these regulations is available from the Buyers local Citizens' Advice Bureau or Trading Standards office.

However, this cancellation right does not apply in the case of any made-to-measure or custom-made products.

The Buyers legal right to cancel a contract starts from the date of the Seller’s order confirmation notice, which is when the contract between the Buyer and the Seller is formed pursuant to clause 2 of these Conditions. The Buyer may cancel a contract from the date it receives the Seller’s order confirmation notice, which is when the contract between Buyer and the Seller is formed pursuant to clause 2 of these Conditions. If the Goods have already been delivered to the Buyer, the Buyer has a period of 7 Business Days in which it may cancel, starting from the day it receive the Goods.

To cancel a contract, the Buyer must contact the Seller in writing by sending an e-mail to rob@naturalstoneandtimber.co.uk or by sending a letter to Natural Stone and Timber Ltd at Voyager Park North, Portfield Road, Portsmouth, PO3 5FX or by contacting the Seller’s customer services telephone line (as stated on the Seller’s website). If the Buyer sends the Seller a cancellation notice by e-mail or by post, then the cancellation is effective from the date the Buyer sent the Seller the e-mail or posted the letter to the Seller. If the Buyer calls the Seller to notify it of the cancellation, then the Buyer’s cancellation is effective from the date it telephones the Seller.

The Buyer will receive a full refund of the price it paid for the Goods (including any applicable delivery charges). The Seller will process the refund due to the Buyer as soon as possible and, in any case, within 30 calendar days of the day on which the Buyer gave us notice of cancellation (as set out above).

The Seller will refund the Buyer on the credit card or debit card used by it to pay for the Goods. If the Goods were delivered to the Buyer:

(a) it must return the Goods to the Seller as soon as reasonably practicable. If the Goods require collection, the Seller will collect the Goods from the address to which they were delivered. The Seller will contact the Buyer to arrange a suitable time for collection;

(b) unless the Goods are faulty or not as described (in this case, see the remainder of this clause 11), the Buyer will be responsible for the cost of returning the Goods to the Seller;

(c) the Buyer has a legal obligation to keep the Goods in its possession and to take reasonable care of the Goods while they are in the Buyer’s possession.

Details of the Buyer’s legal right to cancel and an explanation of how to exercise it are provided in the Seller’s order confirmation notice.

As a consumer, the Buyer will always have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 11 or these Conditions. Advice about the Buyer’s legal rights is available from its local Citizens' Advice Bureau or Trading Standards office.

12. Title and risk

Risk in the Goods shall pass to the Buyer on completion of delivery of the Goods to the Buyer’s address.

Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.

Until title passes, the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.

The Seller may at any time before title passes and without any liability to the Buyer:

(a) repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and

(b) for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.

The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.

13. The Seller’s Liability

If the Seller fails to comply with these Conditions, it will be responsible for loss or damage the Buyer suffers that is a foreseeable result of the Seller’s breach of the Conditions or the Seller’s negligence, but the Seller is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of the Seller’s breach or if they the Seller was specifically informed of them by the Buyer at the time the contract was entered into.

The Seller only supplies the Goods for domestic and private use. The Buyer agrees not to use the Goods for any commercial, business or re-sale purposes, and the Seller has no liability to the Buyer for any loss of profit, loss of business, business interruption, or loss of business opportunity.

The Seller does not exclude or limit in any way its liability for:

(a) death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) breach of the terms implied by sections 13,14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the Consumer Protection Act 1987; and
(f) any matter in respect of which it would be unlawful for the Seller to exclude or restrict liability.

Where the Buyer is a business (and not dealing as a consumer) , the Seller warrants that on delivery, the Goods shall:

(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

the Seller does not give any other representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, the Seller will not be responsible for ensuring that the Goods are suitable for the Buyer’s purposes.

Subject to the above provisions of this clause 13:

(a) The Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with its contract with the Buyer.
(b) The Seller shall under no circumstances whatever be liable to the Buyer for any labour costs incurred by the Buyer in having the Goods removed or re-installed.
(c) The Seller's total liability to the Buyer in respect of all other losses arising under or in connection with a contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid (excluding VAT) by the Buyer to the Seller for the relevant Order.

14. Events Outside its Control

The Seller will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Conditions that is caused by an Event Outside its Control. If an Event Outside its Control takes place that affects the performance of the Seller’s obligations under these Conditions:

(a) the Seller will contact the Buyer as soon as reasonably possible to notify it; and
(b) the Seller’s obligations under these Conditions will be suspended and the time for performance of the Seller’s obligations will be extended for the duration of the Event Outside its Control. Where the Event Outside its Control affects the Seller’s delivery of Goods to the Buyer, the Seller will arrange a new delivery date with the Buyer after the Event Outside its Control is over.

The Buyer may cancel the contract if an Event Outside its Control takes place and the Buyer no longer wishes the Seller to provide the Goods (in accordance with the cancellation rights under clause 15). The Seller will only cancel the contract if the Event Outside its Control continues for longer than 2 weeks in accordance with the Seller’s cancellation rights in clause 16.

15. The Buyer’s Right to Cancel and Applicable Refund

Before the Goods are delivered, the Buyer has the following rights to cancel an Order for Goods (other than made-to-measure or special order Goods), including where the Buyer chooses to cancel because the Seller is affected by an Event Outside its Control: (a) The Buyer may cancel any Order for Goods at any time up to 3 Business Days before the Seller is due to despatch the Goods by contacting the Seller. The Seller will confirm your cancellation in writing to you.
(b) If the Buyer cancels an Order under clause 15(a) (above) and it has made any payment in advance for Goods that have not been delivered to it, the Seller will refund these amounts to the Buyer.
(c) Unfortunately, if the Buyer cancels an Order for Goods under clause 15(a) (above) and the Seller has already despatched the Goods to the Buyer, the Buyer will not be able to cancel its Order until it is delivered or collected. In this case, if the Buyer returns the Goods to the Seller, the Seller will have to charge the Buyer the cost of the Seller delivering the Goods to the Buyer together with the cost of collection of the Goods (or the Buyer will have to pay the cost of returning the Goods back to the Seller). This will not affect the Buyer’s refund for the Goods, but any charge for collection and delivery will be deducted from the refund that is due to the Buyer. Unfortunately, as the made-to-measure Goods are made to the Buyer’s requirements, the Buyer will not be able to cancel its Order once made (but this will not affect the Buyer’s legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described).

16. The Seller’s Right to Cancel and Applicable Refund

If the Seller has to cancel an Order for Goods (including made-to-measure or special order Goods) before the Goods are delivered: (a) the Seller may have to cancel an Order before the Goods are delivered, due to an Event Outside its Control or due to the unavailability of stock. The Seller will promptly contact the Buyer if this happens.
(b) If the Seller has to cancel an Order under clause 16(a) (above) and the Buyer has made any payment in advance for Goods that have not been delivered to it, the Seller will refund these amounts to the Buyer.
(c) Where the Seller has already started work on the Buyer’s Order for made-to-measure Goods or ordered stock for special order Goods by the time it has to cancel under clause 16(a) (above) the Seller will not charge the Buyer anything and the Buyer will not have to make any payment to the Seller.

17. Other Important Terms


The Seller may transfer its rights and obligations under a contract to another organisation, but this will not affect the Buyer’s rights or the Seller’s obligations under these Conditions. The Seller will always notify the Buyer if this happens.

The Buyer may only transfer its rights or obligations under these Conditions to another person if the Seller agrees in writing.

This contract is between the Seller and the Buyer. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

Each of the clauses of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

If the Seller fails to insist that the Buyer perform any of its obligations under these Conditions, or if the Seller does not enforce its rights against the Buyer, or if it delays in doing so, that will not mean that the Seller has waived its rights against the Buyer and will not mean that the Buyer do not have to comply with those obligations.

These Conditions are governed by English law. The Seller and the Buyer both agree to submit to the non-exclusive jurisdiction of the English courts.