1.0 Our Product
1.1
The images of the Products, descriptive matters, specifications, advertising on eBay are for illustrative purposes only. Although we have tried to present our Products accurately, we cannot guarantee that your computer's display of the colours and textures accurately reflect the colours and textures of the Products. Your Products may vary slightly from those images and description. Furthermore, due to the nature of some of our Products, all sizes, weights, capacities, dimensions and measurements indicated on eBay may vary. Please also note tiles are created in batches and some shade variation may occur between batches.
1.2
Most of the natural stone Products we supply will be subject to natural and geological variations and have inherent variations in colour, texture, shading, cracks, vents and sizing which are beyond our control. This may occur within a piece and from piece to piece, therefore, no Products are claimed to be the exact likeness of images or samples. Variations can sometimes include fossils; veining and all samples or images are only to be used as an indication of colour and range.
1.3
Any Product samples are to give an approximate representation of the Products only. All samples have been prepared to a presentation standard and allowed to dry. We cannot guarantee to match shades of the samples presented or any previous orders supplied.
1.4
We endeavour to be as accurate as possible, however, due to the nature, manufacturing and hand tooled finish of our Products all dimensions and measurements indicated have a tolerance of up to 5mm. We recommend Products are selected from a variety of boxes in order to minimise variations in finish or tolerance.
1.5
Advise and care should be taken with the accessories we offer (grouts and sealants) where these Products are suitable for the tiles or stone you intend to use them for and the environment in which they are installed. You should always check the manufacturers websites and instructions of use. Always test on a small sample area or off cut to ensure compatibility prior to full scale application. Without affecting your legal rights, we will not accept any liability for any damage caused by the misuse of such Products or incorrect installation.
1.6
Natural stone tiles may be subject to small blemishes, fissures, natural chipping and pitting at the edges. This is to be expected with this type of material and irregularities can be easily be remedied during fitting by using the correct grout. Minor damage such as edge chipping is often caused in packing and unpacking tiles, but it is deemed normal practice for these to be used in cuts during the installation. The stone maybe easily scratched so care must be taken when unpacked to prevent damage and store them vertically with a slight gap in between for the product to acclimatise and dry out from condensation that may have been present in the stone or the packaging on a non-abrasive surface.
1.7
Kotah black limestone weathers to natural grey over time if not sealed therefore we recommend sealing the stone once installed if you do not want the stone to fade or weather over time. We strongly recommend you hire a qualified fitter that has experience in installing natural stone products. We will not be liable if this advice has not been considered prior to installation.
1.8
Any Products displayed on the eBay alongside your order are suggested accompanying products only and we cannot guarantee the suitability of those Products to the specific project or installation you have in mind and give no warranty the Products can be used in any given environment. Prior to the fixing, installation and care of the products we recommend you should seek professional advice.
1.9
We cannot be accountable or liable for any time lost or cost to you or any other loss where you or your third-party contractor has failed to install the Products correctly in the right environment, using the correct installation methods or have not used the correct adhesive, grout, base or sealants.
1.10
All Products are subject to availability. We will email as soon as possible if the Product you have ordered is not available and we will not process your order if placed.
2.0 Product Examination and Acceptance
2.1
Before any of our Products are loaded onto the third-party pallet network delivery vehicles and leave our premises for delivery, we undertake a quality control check which consists of a visual examination of the Product. If, however, there is obvious damage to the Products please make a note of the damage on the delivery note.
2.2
Products delivered to the buyer should be checked immediately upon delivery or collection to ensure they are of the correct type, of satisfactory quality, undamaged and the correct quantity. Delivery note not marked unchecked if the order cannot be inspected or failure to record damage will be deemed as acceptance with no damage or shortage and we will not accept any claim thereafter.
2.3
We request visual evidence for example a digital photo of the damaged or faulty Products and forward to us with a written statement of damages or fault within 24 hours because this will enable the us to make a claim against the carrier. At our discretion we may also arrange to have the products inspected to confirm the damage.
2.4
If on inspection or when we use photography as evidence where we accept the Products are damaged or faulty then (subject to being notified under clause 11.3) we will either:
• a) refund the price of the products damaged or faulty along with any reasonable costs you incur in returning the item to us, however, must be the most economical delivery method which excludes special or next day delivery; or
• b) replace the damaged or faulty Products providing there is a replacement available and will include the cost of re-delivery, providing you have returned the damaged or faulty Products to us.
2.5
If an incorrect number of Products have been delivered we should be notified within 24 hours, so we can rectify the mistake and make arrangements to deliver the shortfall in quantity and bear the cost of delivery. This also applies to goods collected from our premises . If the mistake or shortfall with the order proves to be an error on your part, you will be liable for the cost of delivery.
2.6
If we decide the Products are not damaged or faulty, or where we believe the damage or fault has been caused through your own negligence, we reserve the right to recoup any costs from you which includes circumstances where we have had to carry out an inspection and will reject any claim in relation to alleged damages or faulty Product. In these situations, you will be liable for any cost of collection, redelivery and replacement Products.
2.7
You will be liable for any costs where on the day of delivery you have refused to accept delivery for any reason. Any refunds processed which have the cost of delivery to your property and cost to have the Products returned to our premises deducted.
2.8
We reserves right not to replace damaged Products if the total amount is less than 10% of the total order quantity.
2.9
After the relevant cancellation period has expired we shall only accept the return of Products at our discretion or in circumstances where the Products are deemed faulty.
Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
3.0 Delivery and Collection
3.1
Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
3.2
If after the Dispatch Confirmation the estimated delivery date is not convenient, call us via eBay within 12 hours of receiving our Order Confirmation so we can re-arrange an alternative time. Alternatively, if you would prefer to collect the Products in person call us through eBay so we can arrange this.
3.3
When there are circumstances or events beyond our reasonable control we shall not be liable for the non-fulfilment of any delivery or delay in delivery of the Products or damage to Products delivered.
3.4
Delivery will be completed when we deliver the Products to the address you give us or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
3.5
If there is no one present at your delivery address to sign for the delivery the Products will not be unloaded and returned to our premises and charges will apply for redelivery. If a delivery must be called off because our third-party pallet or courier network were unable to drop-off Products because of difficulties accessing the drop-off point, we reserve the right to charge for aborting the delivery and charge for any redelivery and storage charges if applicable.
3.6
Scheduled delivery times are between 8:00am and 6.00pm Monday to Friday. Saturday deliveries may be available on request but are not as standard and may carry additional charges. Deliveries are usually via a third-party pallet network delivery vehicles or courier, which we are not responsible for. All delivery times are estimates only and cannot be guaranteed. Estimated times for delivery are not of the essence unless previously agreed by us in writing.
If for any reason we miss our deadline to deliver any part of the order, then you may cancel your order with immediate effect if any of the following apply:
• a) delivery was not made by the deadline if we were informed of this prior to placing the order
• b) delivery was essential by a specific timeline which we failed to meet because we refused to deliver the Products.
3.7
Alternative if you would like to proceed with your order and not cancel you can provide us with another delivery date which must be reasonable.
3.8
We advise you not book a tiler or any other tradesperson until you have received your order.
We are not liable for any financial loss to you incurred through late or incorrect delivery.
3.9
Products are usually delivered by 3rd party pallet network on a 17-ton lorry with a tail-lift and manual pallet pump truck. If your property has loose gravel chipping, soft ground or is on elevated surface and the pump truck is unable to pass it, the product will be left at the nearest suitable area. Products will not be dropped off on private property like driveways or gardens and you will be responsible for the movement of the Products from the vehicle off-load position to its final destination (onwards handling). Surfaces must be tarmac, block paving or concrete. Due to health & safety and insurance purposes the delivery drivers are unable to assist transporting goods into a property or any other location.
3.10
It is the buyer's responsibility to inform us prior to any delivery any access problems which may hinder delivery for example low bridges, low hanging trees or sign posts, narrow country lanes and steep gradients. This includes any parking or unloading restrictions at the address and double yellow lines. If you believe there are obstacles for a lorry to reach the delivery destination please call us via eBay or Contact Seller either straight after or prior to placing an order, so we can find an alternative delivery solution. It may be possible to arrange deliver by a smaller vehicle, however, this must be arranged prior to the Products shipped. Providing this service, we will have to organise an alternative delivery schedule and may incur additional delivery charges. It is also advisable to keep access clear for a lorry to park outside the delivery address to unload the goods.
3.11
It will be the buyer's responsibility to make the necessary arrangements for obtaining permits or permission to unload in restricted areas. We reserve the right to recover from you any additional expense incurred to us such as delivery or penalty charge notices fines to our third-party pallet network vehicles.
3.12
Our third-party pallet network delivery vehicles will only enter your private residence if given specific authority to do so. When invited we shall accept no liability for damage caused to your property and if damage is caused by the third-party delivery drivers own negligence you will have to claim compensation directly with their insurance company.
3.13
It will be your responsibility to remove and dispose any packing along with the pallet(s) the goods will be delivered on.
3.14
If you arrange to collect Products from our premises, either in person or via a third-party transport company, the risk in the Products will pass to you on collection. We will not be liable for any damage or breakages incurred while the Products are in transit after collection. Our staff will only load Products onto a collection vehicle if it safe to do so.
3.15
Delivery of an order shall be completed when either the Products were delivered to the address you gave us or if you, or a transport company organised by you collected the Products from our premises.
3.16
The Products will be your responsibility from the completion of delivery.
3.17
You own the Products once we have received payment in full, including all applicable delivery charges.
4.0 Other Important Terms
4.1
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
4.2
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing, which may be by email or by post.
4.3
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
4.4
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
4.5
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing – by post or email, and that will not mean that we will automatically waive any later default by you.
4.6
These Terms are governed by and construed in accordance with the law of England and Wales. This means a Contract for the purchase of Products through eBay and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
