Definitions
‘BUYER’ means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
‘GOODS’ means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these conditions of sale.
‘SELLER’ means Charles Products, the manufacturers of StoneLux Stone Effect Paints and Repair Products.
‘CONDITIONS’ means the standard terms and conditions of sale set out in the document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.
‘CONTRACT’ means the contract for the purchase and sale of the Goods.
‘WRITING’ includes email and comparable means of communication.
Colour Accuracy
Every effort is made to display as accurately as possible the colour of our Goods. However, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the Goods on delivery. You are advised to request an offline colour chart or purchase a 150ml sample pot prior to committing a larger purchase.
Our products are manufactured with natural materials which can inherently result in some slight colour variation from batch to batch. Furthermore, manufactured pigments can differ from batch to batch, and the finished colour is dependant on the properties of the substrate (e. absorption rate, type of material, etc). The Seller cannot accept responsibility for any colour variations as a result of the above.
Orders
All orders are subject to availability. We reserve the right to refuse to accept any order, including when there is a material error in the description of the goods or the advertised prices.
Once an order has been placed, it can only be cancelled by mutual agreement
Prices
Prices are subject to change without notice.
Prices are displayed inclusive of VAT
Delivery
Any date quoted for delivery of the Goods is approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in Writing.
From the time of dispatch of the goods from the Seller until delivery to the Buyer, the risk of any loss or damage to or deterioration of the Goods, whatever the cause, shall be bourne by the Buyer.
If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the seller, the seller may: (1) Store the Goods until actual delivery and charge the Buyer for the reasonable cost (including insurance) of storage; or (2) Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contact or charge the Buyer for any shortfall below the price under the Contract.
Risk and Property
Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery, or if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cleared funds, payment in full of the price of the Goods.
Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
Warranties and Liability
There is no express condition or warranty that the Goods correspond with any description or as to the quality of the Goods and any implied condition or warranty is excluded.
Any information, whether verbal or in writing of any kind (including on our website), is for guidance only and is given in good faith but without warranty, since skill of application and site conditions are beyond our control. In any event we do not accept any liability whatsoever for the performance or non-performance of any goods beyond the value of those goods (for example, we shall not be liable in respect of wasted time or additional costs incurred by any person such as labour or scaffolding costs nor shall we be liable in respect of any alleged consequential losses of any person).
Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 3 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time (not more than 28 days after delivery) after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to refuse the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the goods have been delivered in accordance with the Contract.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express term of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise, cost expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
The Sellers shall not be liable to the Buyer or be deemed to be in breech of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control: an Act of God, explosion, flood, tempest, fire or accident; War or threat of war, sabotage, insurrection, civil disturbance or requisition; Acts, restrictions, regulations, bye-laws, prohibitions or measure of any kind on the part of the governmental, parliamentary or local authority; Import or export regulations or embargoes; Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party); and Difficulties in obtaining raw materials, labour, fuels, parts or machinery.
General
We reserve the right to make amendments to the above term and conditions at any time.
Subject to the aforesaid, any variation to these terms and conditions shall only become binding if confirmed in writing by the Seller and the Buyer
These conditions of sale shall override any terms and conditions sought to be incorporated in any way buy the Buyer in the contract. In the event that the Buyer's terms and conditions containing clauses which are inconsistent with or which purport to exclude the Seller's condition in any manner, such clauses shall be of no effect and the Sellers conditions shall prevail.
These conditions of sale shall be governed by the law of England and Wales, and the Buyer agrees to submit to the jurisdiction of the English Courts.
If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, it shall be severed. The validity of the other provisions of the conditions and the remainder of the provisions in question shall not be affected.
