Terms & Conditions
The terms and conditions outlined below apply to all purchases made from Denfind Stone.
In these terms and conditions of sale, “Denfind Stone” will mean to Denfind Stone Ltd and “ the customer” will mean the individual or company placing an order with the company.
General
By placing an order with Denfind Stone, the customer agrees to be bound by and accept all conditions of sale. These terms and conditions supersede and replace and prior written agreements, representations or understandings between Denfind Stone and the customer.
All orders of goods are subject to availability. Denfind Stone will inform the customer as soon as possible if goods are not available. It is the customers responsibility to check that all details of its order are correct.
Whilst every effort is made to interpret enquiries correctly, it is ultimately the customer’s responsibility to check and ensure that the information submitted in the quotes meets with their requirements before placing the order. Denfind Stone will not be held responsible for any errors or omissions. Denfind Stone will not be responsible for any typographical error or omission in any print or web order.
Prices
Prices shall be exclusive of VAT, delivery and any other duty.
Prices, quotations or estimates are those current on the date when given or when posted on Denfind Stone’s website. Denfind Stone will retain the right to alter them without notice.
Mixing Stone
If the customer is mixing colours or types of stone it is recommended that the customer ensures that they order enough of the goods to ensure that there is an even mix of colour and an adequate amount to cover the area required.
Examination and Acceptance
The customer must inspect the goods on delivery or collection (whichever applies) to ensure that the products are the correct product type (ie what was ordered), of satisfactory quality, undamaged and the correct amount. If any of the above is unsatisfactory, the customer must notify the company within 48 hours of delivery to discuss the percieved issue and, if applicable, arrange for correction or replacement. If the customer does not contact Denfind Stone within 48 hours of delivery they are deemed to have accepted the products/delivery and the company will have no liability thereafter.
Right of Cancellation for Consumers
This paragraph only applies if the customer is acting for a purpose outside its business or if the customer has not visited the company’s premises in relation to its order for the goods. The customer may cancel its order within 7 working days beginning the day after it received the goods.
The customer cannot cancel if the goods are made specifically for it, or it has installed any of them, or if it has damaged the goods in any way.
If the customer wishes to return the goods then it must arrange for the goods to be returned to the company. The customer must pay for the cost of sending the goods back to the company or the company’s cost of collection. The goods must be returned undamaged and unaltered.
To cancel, the customer must let the company know in writing that it wishes to cancel. It must be by personal delivery, letter or email sent within the 7 days to the company at the address on the website.
Delivery
Time of delivery is not guaranteed, any schedule given by the company regarding delivery is given in good faith and the company shall endeavour to comply with it. The company will not be liable for any costs or expenses incurred as a result of late or no show.
Access to the delivery point must be on hard standing. The company reserves the right (and with absolute discretion) not to deliver the goods or to deliver them to the nearest area of hard standing in the event that the delivery point is not on hard standing.
It is the customer’s responsibility to make the company aware of any access restriction difficulties and to ensure that a responsible person is on site to supervise off-loading.
Should the company decide not to deliver the goods as a result of the foregoing, the customer will nevertheless be responsible for the costs of delivery, re-delivery (if applicable) and storage.
Should the company decide to carry out the delivery to the delivery point even though it is on hard standing or there are access restrictions or difficulties, the customer shall indemnify the company for any loss or damage caused to the delivery vehicle or goods and for any injuries to any person directly or indirectly resulting.
Where delivery or collection or an order is made by instalments, each delivery or collection will be deemed to be the subject of a separate contract. Any failure by the company in respect of the delivery shall not entitle the customer to repudiate the order or any remaining instalments on goods being delivered.
Payment
Payments is due before delivery unless credit facilities have been agreed in advance. All invoices allocated to credit accounts to be paid no later than 30 days after date of invoice. The company may, on due notice in writing at any time, withdraw the credit facilities that it has extended to the customer.
The customer shall make all payments due under the contract without any deduction of set-off, counterclaim, discount or otherwise, unless they have written confirmation from the company.
If the customer fails to pay the company any sum due by the due date, the company negates any further deliveries until payment is made or terminate the contract. The customer will begin adding interest to the company on such sums from the due date at the monthly rate of base rate at Virgin Money from time to time, accruing on a daily basis until payment is received. The company reserves the right to claim interest and compensation for late payment under the Payment of Commercial Debts (Interest) Act 1998.
Limitation of Liability
The remedies set out at “Examination and Acceptance” shall be the sole remedies being the fullest extent permitted by law.
The company’s liability to the Customer (including negligence) shall in any event be limited to the price paid for the goods (including delivery). The company shall not be liable for loss of profit, business, goodwill, reputation, anticipated savings or for any consequential loss.
Nothing in these terms and conditions shall limit any rights which the customer may have as a consumer under statute or to limit the company’s liability for death or personal injury through the company’s negligence or for fraud or fraudulent misrepresentation.
Risk & Title
Unless otherwise stated, title to the goods passes to the customer upon receipt of payment of the goods, in cleared funds.
Risk of damage to, or loss of, the goods shall pass to the customer at the time when they are either collected by the customer at the company’s premises, or when delivery is made to a location specified by the customer.
Samples, Variations, Quantities and Suitability
Samples submitted by the company are an approximate indication of texture, size, colour and general appearance only. Technical or other data are intended as a guide only. As the product is natural, there may be significant colour and surface differences between stone within the same range.
Variations in colour will occur as stone is a natural product. With time after use changes in colour can occur. This is a natural process for which the company will not be liable or responsible for.
It is the customer’s responsibility to ensure that it has ordered the correct quantity.
The company does not give any warranty as to the suitability of the goods for any given environment.
Force Majeure
The company shall not be liable for any failure to supply or deliver the goods to the purchaser from circumstances outside its reasonable control.
Website
The information, descriptions and images appearing on the company’s web site are for information only and should not be relied upon. The company reserves the right to modify the content on the site at any time and without prior notification, such changes to take effect on publication.
Variations
Any variations to these terms and conditions will be endorsed by a Director of the Company and updated on the website.
Third Parties
No third parties are intended to have any right to enforce any provision of these terms and conditions.
Price & Payment
For general help and information please contact us.
The price for the goods will be as advised by Denfind Stone at the time at which they are ordered. Unless otherwise stated the price does not include delivery and VAT which are extra. Where prices are shown to include VAT this is at the current rate where applicable.
Any customs or import duties levied once the package reaches your country will be the responsibility of the customer as we have no control over these charges and cannot predict what they will be.
We accept all major credit and debit cards over the phone, cheques (must be cleared before collection/delivery) and cash.
Returns
Unwanted Goods
Some of our products are made to order, which means that we cannot exchange or take back unless it is defective. If this is the case, we will let you know that the item is non returnable before we process your order. We realise it is difficult to know exactly what you are getting, so for made to order items we can arrange to send you material samples in advance.
Company Information
Registered Address:
Denfind Stone Ltd, Denfind Farm, Monikie, Angus, DD5 3PZ
Company Registration Number SC268906 (Scotland)
VAT Registration Number GB 847 4238 07
Privacy
We follow strict security procedures, as required by the UK Data Protection Legislation regarding storage and disclosure of any information given by you. Under these guidelines we offer an assurance of total confidentiality and promise that your details will not be disclosed to any other companies other than to fulfill your order, in which case the minimal information will be given.