Terms and Conditions of Sale
This section outlines our and your responsibilities during the purchase of products from this site.
Definitions
“Agreement” means the agreement by which you agree to purchase, and we agree to sell the Goods. “we” and “us” means Khotah Stone Ltd (Roman Stone Collection Ltd) (incorporated in England and Wales under company number: 4391612) whose office is at Romanstone, Two Acres, Preston New Road, Samlesbury, Preston, Lancashire. PR5 0UL. T. 01772 877364. F. 01772 877366. E. info@roman-stone.co.uk W. www.roman-stone.co.uk VAT No: 794 564479 “you” means the customer. “Delivery Address” means the address at which we agree to deliver the Goods. “Goods” means the goods which we agree to provide to you on these terms. “Delivery Date” means the date on which we agree to deliver the Goods to the Delivery Address. “Price of the Goods” means the price for the Goods exclusive of VAT and delivery. “Total Price” means the price for the Goods and delivery, exclusive of VAT. 2.
Order and Sale
You order and agree to buy, and we agree to sell, the Goods at the Price, subject to these terms and conditions.
Applicable terms, conditions and representations
These terms are the only terms and conditions governing the Agreement.
There cannot be a variation or change to anything in this Agreement unless it is agreed in writing and signed by both of us.
This Agreement replaces and supersedes any prior written or oral agreements, representations or understandings between us (including our sales staff) in respect of the Goods.
It is your responsibility to check that all the details relating to your order are correct and to provide us with all relevant information relating to the environment in which the Goods are intended to be used and for their Delivery.
It is important that you check your measurements carefully. An order should always include an additional 10% to allow for wastage to cover cutting, minor imperfections and breakage. If you do not order enough, subsequent Goods (due to them being a naturally occurring product) may not be exactly the same as the original goods.
We can provide estimates of quantities of Goods but this will be based on general guidelines and you should not rely on this estimate. It is your responsibility to ensure that you have ordered the correct quantity of Goods and we will not be responsible for any shortfalls or surpluses.
You confirm that you are not entering into this Agreement on the basis of, or relying on, any representation made to you by us or any of our staff (or anyone else) that is not expressly incorporated into this Agreement in writing and signed by both of us. In particular, nothing said by any of our staff or representatives about the nature or quality or suitability of the Goods is part of or varies this Agreement.
We do not give any warranty as to the suitability of the Goods for any given environment. You cannot rely on any implied or express representation, advice or information given to you by us, our staff (or anyone else) that is not incorporated into the Agreement and signed by both of us.
We cannot accept liability for any typographical error or omission in any print or web document.
We cannot be held responsible for circumstances beyond our reasonable control. This may include (without limitation) shortfalls at source, natural disasters and restraints or delays affecting suppliers or transportation to us.
In the case of trade customers, you confirm that these are the only terms of the agreement between us and any provisions upon which you purport to purchase including those on any of your purchase order, or confirmation of order or similar documents or forms do not apply to this agreement between us.
Description and samples
All descriptions, images (in both print and on the internet) and samples of our Goods are for the purpose of giving an approximate representation of the Goods only.
You acknowledge that the Goods are natural and geological variations will occur in terms of colour, markings, texture, size and between consignments, which are beyond our control. We advise you to view as much of the Goods as possible before entering into this Agreement.
You should be aware that all of the Goods are porous to some degree and should be sealed. Some may easily be scratched and/or be subject to natural pitting/chipping.
Price
The Total Price is exclusive of any value added tax, which you must pay in addition.
We reserve the right to change the Price by giving you notice at any time before delivery to reflect any increase in the cost to us such as foreign exchange fluctuations, alteration of duties, increase of the costs of materials and such like.
Payment
If you fail to pay, you will be liable to pay interest on the Total Price from the due date until you make the payment, at a rate 5% above the base rate of HSBC PLC on a daily basis.
Payment is required on placement of your order. Please note that we will not arrange delivery until we are in receipt of cleared funds.
Delivery & Collection
We shall endeavour to have the Goods delivered to the Delivery Address on the Delivery Date, but time for delivery is not of the essence of this Agreement. We use an independent delivery company for which we are not responsible, so we cannot guarantee delivery times.
The Goods will be off-loaded at the nearest accessible point to the Delivery Address at the discretion of the driver, which may be the kerbside. The driver will not handle the Goods.
You must make us aware of any access restrictions or difficulties for a large lorry and you must ensure a responsible person is at the Delivery Address at the time of Delivery to supervise the off-load and sign for the Goods.
The cost of delivery is in addition to the Price but included in the Total Price.
If we are not able to deliver the Goods as a result of you not complying with your obligations under these terms, the Goods will be retained by the driver and you will be responsible for any re-delivery or storage charges.
You may only collect your Goods from our Preston warehouse by prior arrangement and only in a vehicle capable of being fork-lift loaded (unless otherwise agreed in writing). If you arrange transportation of the Goods, it is at your own risk and we will not accept claims for damage or breakages.
Risk and Property
The risk (of, for example breakage, loss and damage) in the Goods will pass from us to you on delivery or (if you decide to collect the Goods) point of collection.
The ownership of the Goods will not pass to you until we have received payment of the Total Price in full in cleared funds.
Unpacking, stacking and storing
Care needs to be taken when unpacking the Goods as the spacers may need to be removed from the packaging before the Goods are lifted out. The Goods should always be stacked and stored vertically (on edge) but not on a hard surface as this may cause unnecessary edge chipping. We cannot be held responsible for damage which occurs after delivery or (if you decide to collect the Goods) after collection.
Stone tiles may need to dry out before the installation process begins. You should ask your fitter to advise you if this is the case.
Examination and Acceptance
If you are acting in the course of your business, the business section applies. If you not acting in the course of your business (i.e. you are a consumer), then the consumer section applies.
Business Sales
You must inspect the Goods on delivery or collection (as the case may be) to ensure that they are the correct type, of satisfactory quality, undamaged and the correct amount and if they are not, you must notify us within 48 hours of delivery or collection (as the case may be) for correction, replacement or refund of all or part of the Price (at our option), which will be your sole remedy. If you do not reject them within this time, you will be deemed to have accepted them and we will have no liability to you. The foregoing sets out your only rights and remedies in relation to the Goods and all other terms and conditions, express and implied, relating to the quality or fitness for purpose of the Goods are hereby excluded to the fullest extent permitted by law.
Consumer Sales
If the Goods are not of the correct type, of satisfactory quality and undamaged and you notify us within 7 days (starting on the day after the day of delivery or on the day after the day of collection, as appropriate), you will be entitled to reject them and we will either refund to you the Total Price or make available replacement Goods (at your option). If you opt for replacement Goods and you paid for delivery of the original Goods, we will deliver the replacements to you; if you collected the original Goods, we will make the replacements available for collection by you.
If an incorrect amount of the Goods is delivered or collected and you notify us within the 7 days, we will arrange to deliver or make available (as appropriate) the correct quantity of the Goods.
You will be deemed (assumed) to have accepted the Goods if you have not returned them to us or informed of us of their rejection within the 7 days, or if you have installed them.
We take care to ensure that all of our Goods leave us in perfect condition. If there is any obvious damage to the Goods, please make a note of the damage on the delivery note, as this will enable us to make a claim against our carrier. Please note that you will still be required to notify us as applicable.
Limitation of liability
For the avoidance of doubt, we will in no event be liable to you unless you are able to demonstrate to our reasonable satisfaction that there was a shortfall of, damage to or a defect in the Goods.
Please note that we sometimes provide extra and/or damaged extra tiles to you free of charge which may be of use to you. We will therefore only be liable to you if we have not provided you with the quantity of Goods which you ordered in a non-defective and undamaged condition.
Our total liability to you (whether in contract, tort, (including negligence and breach of statutory duty), misrepresentation, restitution or otherwise) will be limited to the Price of the Goods. We will not be liable to you for loss of profits or loss of business, depletion of good will or for any indirect or consequential loss or other consequential compensation. For example, we will not accept any liability in respect of lost working time or the cost of third party contractors. We cannot be liable to you if you do not install the Goods correctly using the correct base, sealant and installation techniques.
Nothing in this Agreement is intended to limit any rights that you may have as a consumer under statute or to limit our liability to you in respect of death or personal injury resulting from our negligence or for fraud or fraudulent misrepresentation in respect of an untrue or misleading statement.
If you are acting in the course of your business, the business sales section applies. If you not acting in the course of your business (i.e. you are a consumer), then the consumer section applied.
Business Sales
We will be liable to you if you tell us about any shortfall, damage or defect in the Goods within 48 hours after delivery or collection (as appropriate) but not otherwise. If you so notify us, our only obligation to you will be (at our option): to make good any shortage or non-delivery; or to replace or repair any damaged or defective Goods.
Consumer Sales
If you tell us about any shortfall, damage or defect in the Goods within the 7 days after delivery or collection (as appropriate) our only obligation to you will be (at your option): to make good any shortage or non-delivery; or to replace or repair any damaged or defective Goods; or to refund to you the amount paid by you for the damaged or defective Goods however we choose.
Right of Cancelation for Consumers
This clause only applies if you are acting for a purpose outside your business or if you have not visited any of our showrooms.
You may cancel this Agreement within 7 working days beginning the day after you receive the Goods.
You cannot cancel if the Goods are made specifically for you, or you have installed or laid them or used them.
If you wish to return the Goods then you must send them to us, or we can collect them from you. You must pay for the cost of sending the Goods back to us.
To cancel you must let us know in writing that you wish to cancel. You may do this by personal delivery, letter, fax or email sent within the 7 days to us at the address set out at the start of this agreement. If you tell us verbally you will need to send confirmation in writing within the 7 days.
Fixing Products and Installation
Any advice given by us or our staff relating to fixing products and installation is given in good faith but should be used as a general guide only as we have not carried out a survey of the place of installation of the Goods and cannot therefore be sure that our advice is correct. You may not therefore rely upon this advice. It is your responsibility to purchase the correct fixing products for the environment in which (and in particular the surface upon which) the Goods will be installed. We recommend that you take advice from a professional fitter.
We do not offer an installation service and it is your responsibility to ensure a professional fitter is carrying out your installation. We strongly recommend that you take up independent references.
We cannot therefore be responsible for the installation of the Goods or for damage caused during or arising out of installation.
Third Parties
This Agreement is not intended to and does not give any third parties any right to enforce any of its provisions.