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Rocco Stone

The UK's largest online
natural stone specialists

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Terms & Conditions

Please read these terms and conditions carefully as they set out important provisions which will affect you and are deemed to form part of the contract. In particular points 8, 9 and 10.

Definitions


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 ROCHFORD INTERTRADE LTD trading as RoccoStone.co.uk whose registered office is Road Beta, off Brooks Lane, Middlewich, Cheshire, CW10 OQF. "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 ROCHFORD INTERTRADE LTD.

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 EU requirements, which do not materially affect their quality or performance.

3.4 - (Non-consumers) 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.c

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 (in writing) 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.

Delivery

Please follow any instructions carefully

6.1 - Delivery of the goods shall be made to the delivery address as specified at the time of order. Any date for delivery given is approximate and shall not be the essence of the contract. The customer shall make all arrangements to take delivery of the goods.

6.2 - If a delivery date has been advised either by the seller or by the delivery company then the customer shall be liable for any re-delivery costs, storage or damages if goods arrive at the delivery address but the customer is not available to take delivery.

6.3 - The seller uses an independent delivery company for which the company is not responsible and therefore the company can not guarantee the delivery times. Any delivery times advised should be considered as approximate and have been provided by the delivery company for which the seller is not responsible for.

6.4 - Goods will be offloaded to the nearest and safest point to the property at the discretion of the driver. This may be the kerbside. The delivery driver can not handle the goods or take them off the pallet.

6.5 - The customer shall provide at the delivery address and at its expense adequate equipment and manual labour for handling the goods.

6.6 - The customer acknowledges that if they instruct a third person to accept delivery then they should be a responsible individual who will accept goods as set out in these terms. No allowances will be made.

6.7 - Goods must be inspected at the time of delivery and damages noted on the drivers delivery note. The customer shall notify the seller of those damages within 48 hours of delivery. If damages are not identified on the delivery note or if the customer fails notify the seller of the damages in an appropriate manner then it will deemed that goods have been delivered in tact.

Quality / Description

7.1 - All drawings, pictures, descriptive matter, specifications and advertising issued by 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).

Acceptance of Goods

8.1 - The Customer should inspect the goods on delivery.

8.2 - If the customer is not satisfied with the goods he can either refuse the goods on delivery or return the goods to the company within 7 days from the date of usdelivery specifying the reasons for return and in accordance with clause 9.

8.3 - The customer shall be deemed to have accepted the goods if the goods have not been returned to the company in accordance with clause 8.2 above or when any amount of goods are fixed/used. There can be no claims whatsoever for goods that have been fixed/used even if they are not in accordance with the description of order.

8.4 - After acceptance the customer shall not be entitled to the reject the goods even if they are not in accordance with the description on the order.

8.5 - The quantity of any consignment of goods as recorded by the company upon despatch shall be conclusive evidence of the quantity received by the customer on delivery unless the customer can provide conclusive evidence proving the contrary.

Right of Cancellation (Consumers Only)

9.1 - Subject to clause 8.6 a customer who is a consumer and has purchased from ROCHFORD INTERTRADE
9.2 - Notice of cancellation shall be deemed properly given if it is sent by post, email or fax to the trading address of the company in the time specified in 9.1. The notice of cancellation must specify the order number, name and contact details of the consumer and detail the arrangement made by the consumer to return the goods to the company.

9.3 - In the event that the consumer cancels the contract, the consumer is responsible for returning the goods to the company and for the costs of delivering the goods The consumer is liable for any damages that occur in returning the goods and should take reasonable care of them until they have been returned and accepted by the company.

9.4 - If the consumer cancels the contract in accordance with clause 9.1 the company shall reimburse the sum paid for the goods by the consumer less any charge for recovering the goods in the event that the consumer fails to return the goods in accordance with clause 9.3.

9.5 - A customer who is not a consumer shall have no right of cancellation.

9.6 - A consumer shall have no right of cancellation of goods are made to the consumer's specification, personalised or by nature can not be returned or are perishable.

General

10.1 - 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.

10.2 - 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.

10.3 - 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.

10.4 - 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.

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