1.1        “Buyer” means the person who accepts Seller’s published advertisement, by the prescribed methods, for the purchase of Goods or whose Written order for the Goods is accepted by Seller; “Goods” means the goods which Seller is to supply in accordance with these Terms. “Seller” means Stone Emporium whose registered office is Unit 1 & 2, Walker industrial Park, Frithknol Road, Chapel-en-le-frith, High Peak, Derbyshire SK23 0PG “Contract” means the contract for the sale and purchase of the Goods.  “Terms” means the standard terms of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed in writing between Buyer and Seller.

1.2        A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.  The headings in these Terms are for convenience only and shall not affect their interpretation.

Basis of the sale

2.1        Seller shall sell and Buyer shall purchase the Goods in accordance with Seller’s published offer (if accepted by the Buyer), subject in either case to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such offer is accepted or purported to be accepted, or any such order is made or purported to be made, by Buyer.

2.2        No variation to these Terms shall be binding unless agreed in writing between the authorised representatives of Buyer and Seller.

2.3        Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by Seller in writing.  In entering into the Contract Buyer acknowledges that it does not rely on any such representations, which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.

2.4        Any advice or recommendation given by Seller or its employees or agents to Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by Seller is followed or acted upon entirely at Buyer’s own risk, and accordingly Seller shall not be liable for any such advice or recommendation which is not so confirmed.

2.5        Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

Orders and Specifications

3.1        No order submitted by Buyer shall be deemed to be accepted by Seller unless and until payment has been taken by STONE EMPORIUM

3.2        The quantity, quality and description of the Goods and any specification from them shall be as set out in Seller’s published advertisement.

3.3        Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or E.U. requirements, which do not materially affect their quality or performance.

3.4        No order which has been accepted by Seller may be cancelled by Buyer except with the agreement in Writing of Seller and on terms that Buyer shall indemnify Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Seller as a result of cancellation.

Price of the goods

 4.1        The price of the Goods shall be Seller’s published price or, where no price has been published (or a price is no longer valid), the price listed on Seller’s website or in any published lists current at the date of acceptance of the order.  All prices include VAT.

4.2        Seller reserves the right, by giving Written notice to Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by Buyer, or any delay caused by any instructions of Buyer or failure of Buyer to give Seller adequate information or instructions.

4.3        Except as otherwise stated in Seller’s published price or in any price list of Seller, and unless otherwise agreed in writing between Buyer and Seller, all prices are given by Seller on a delivered basis where delivery costs have been explicitly outlined, Buyer shall be liable to pay Seller’s charges for transport, packaging and insurance.

Terms of payment

 5.1        Buyer shall pay the published or agreed price of the Goods at the time of order, and Seller shall be entitled to recover the price notwithstanding that delivery may not have taken place and the property in the Goods has not passed to Buyer.  The time of payment of the price shall be of the essence of the Contract.  An invoice (receipt) for payments will be issued once payment has been taken.

5.2        If method of payment should be declined, without limiting any other right or remedy available to Seller, Seller may:

(a)     (a)     cancel the contract or suspend any deliveries to Buyer;

(b)     (b)     Appropriate any payment made by Buyer to such of the Goods (or the Goods supplied under any other contract between Buyer and Seller) as Seller may think fit (notwithstanding any purported appropriation by Buyer).

 Risk and property

 6.1        Risk of damage to or loss of the Goods shall pass to Buyer:

(a)     (a)     in the case of Goods to be delivered at Seller’s premises, at the time when Seller notifies Buyer that the Goods are available for collection; or

(b)     (b)     in the case of Goods to be delivered otherwise than at Seller’s premises, at the time of delivery or, if Buyer wrongfully fails to take delivery of the Goods, the time when Seller has tendered delivery of the Goods.

6.2        Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to Buyer until Seller has received in cleared funds payment in full of the price of the Goods.

6.3        Until such time as the property in the Goods passes to Buyer, Buyer shall hold the Goods as Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of Buyer and third parties and properly stored, protected and insured and identified as Seller’s property, but Buyer may resell or use the Goods in the ordinary course of its business.

6.4        Until such time as the property in the Goods passes to Buyer (and provided the Goods are still in existence and have not been resold), Seller may at any time require Buyer to deliver up the Goods to Seller and, if Buyer fails to do so forthwith, enter on any premises of Buyer or any third party where the Goods are stored and repossess the Goods.

6.5        Goods must be inspected at the time of delivery and any damages must be noted on the delivery note and handed back to the driver. Damaged goods will then be replaced as soon as possible and are subject to stock availability. Any damages not noted at the time of delivery must be reported to us within 48 hours. Photographic evidence and a description of events at delivery must be submitted in order for us to evaluate any claim.

Quality/Description

 7.1        All drawings, pictures, descriptive matter, specifications and advertising issued be Seller and any descriptions or illustrations contained on Seller’s website, catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them.  They will not form part of this Contract.

7.2        Buyer acknowledges that Goods made from a natural resource will vary in shading, colour and texture and that manufactured Goods will vary in shading and colour from both samples and from separated manufactured batches.  Buyer acknowledges that such variance is acceptable. (The reference in this clause to a corresponding sample will not affect the statutory rights of a Buyer who acts as a consumer as defined above).

Cancellation

8.1        You have the right to cancel your order within 7 working days of delivery under the United   Kingdom’s Distance Selling Regulations 2000. Should you wish to cancel for whatever reason all items should be left unopened and in tact. We will refund the money in full including the delivery charge. However, under the Distance Selling Regulations we have the right to charge you for the cost of returning the goods. It is the customers’ responsibility to take reasonable care of the goods until they are collected. Please allow 30 days from the date of cancellation for collection & refunds. Please write or email us within the time specified above if you wish to cancel your order. Your statutory rights are not affected.

General

 9.1        A notice required or permitted to be given be either party to the other under these Terms shall be in writing addressed to that other party at its registered address or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

9.2        No waiver by Seller of any breach of Contract by Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

9.3        If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.

9.4        Any dispute arising under or in connection with the Contract or the sale of the Goods shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of the Association, in accordance with the rules of the Association.

9.5       The contract shall be governed by the laws of England, and Buyer agrees to submit to the non-exclusive jurisdiction of the English courts