Ashbee and Stone Limited
Terms and Conditions of Sale (Edition date: January 2016)
1. About buying goods from our business
1.1. We are Ashbee and Stone Limited, a limited company registered in England and Wales under company number: 06585399 having our registered office at Aurora House, Hopper Hill Road, Eastfield, Scarborough, North Yorkshire, YO11 3YS. Our VAT Number is: 948062408 and our telephone number is 01723 585 896
1.2. This document (together with any documents referred to in it) tells you the terms and conditions (the 'Conditions') upon which we will sell to you any goods either listed on our website (the 'Website') or displayed for sale in any of our showrooms ('the Goods').
1.3. Before confirming your order please read through these Conditions and in particular the terms on cancellation and returns in clause 9 below.
1.4. By ordering from us any of the Goods, you agree to be legally bound by these Conditions.
2.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3. Overseas orders
3.1. We can, in our sole discretion, accept orders from individuals located outside the United Kingdom and ship overseas subject to you paying for the additional shipping or postage costs. You will have an opportunity to cancel your order in the event that these costs are not acceptable. Please note that when shipping products internationally, all cross-border shipments are subject to opening and inspection by customs authorities.
3.2. If we agree to supply any Goods ordered from the Website for delivery outside the United Kingdom, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
3.3. You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
4.1. Prices of the Goods are stated on the Website and the price you will pay will be specifically confirmed in a written quotation tailored to your particular order requirements. This quotation is valid for 90 days.
4.2. Prices quoted are for kerbside delivery in the United Kingdom unless otherwise specified and please note the additional costs applicable to overseas orders referred to in the relevant clause herein.
5.1. Payment can be made by any major prepay, credit or debit card or through an electronic payment account as provided for on the Website or showroom order form.
5.2. By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form.
5.3. Payment will be debited and cleared from your account before the dispatch of the Goods to you.
5.4. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
5.5. By accepting these Conditions you:
5.5.1. undertake that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered;
5.5.2. undertake that any and all Goods ordered by you are for your own private or domestic use only and not for resale and
5.5.3. authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
5.6. We shall contact you should any problems occur with the authorisation of your card.
6.1. All orders are subject to acceptance and availability. If any Goods ordered are not available as a stocked item, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid telephone number and, where available, an email address so that we can contact you if necessary.
6.2. Any order placed by you constitutes an offer to purchase the Goods from us.
6.3. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
6.4. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
6.5. You agree that if we contact you as a preliminary to acknowledge receipt of your payment or to discuss your order or delivery such communication shall not amount to our acceptance of your offer to purchase the Goods.
6.6. A contract between you and us (the 'Contract') incorporating these Conditions will subsist only after we have debited your payment card, forwarded to you an Order Confirmation email to confirm the full details of your order and agreed with you the delivery date (s) applicable to the Goods.
6.7. The Contract will relate only to the Goods stated in the Order Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until we have debited your payment card and sent you a separate email Order Confirmation relating to such other Goods.
6.8. You must check that the details contained in any Order Confirmation are correct and you should print out and keep a copy of it.
6.9. You will be subject to the Conditions in force at the time that you order the Goods from us, unless any change thereto is required to be made by law or other governmental or quasi-governmental authority
7.1. The Goods will be delivered to you at the kerbside of the address you provided during the order process. This may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.
7.2. Baths will arrive on a tail lift vehicle and will be lowered off the rear on to a pallet truck. The courier will move the bath with the pallet truck to an accessible kerbside location at the delivery address. The pallet truck will not move over steps, deep gravel or rough ground and the courier will not take the bath into a customer’s premises. You should ensure you have arranged sufficient assistance on the day of delivery to help you move heavy Goods into your premises.
7.3. We employ professional couriers and in-transit damage is very rare. Nevertheless, you should examine the Goods on delivery and must do so within 7 days of delivery. You must report damage to the Goods to us as soon as it is discovered. It is essential that you do not schedule or commence any preparatory or installation work until the Goods have been delivered and then checked by you.
7.4. Receipt of all Goods must be acknowledged by way of signature on delivery by an adult aged 18 years or over. We will assume that any third party who signs for the goods on your behalf has your implied authority to do so and we are not required to make enquiry of their identity or actual authority. This includes any contractors or sub-contractors you may have on site irrespective of whether you yourself are present at the time of the delivery
7.5. The delivery date or time period for delivery will vary depending on the nature of the individual Goods ordered. We will always contact you shortly after the Order Confirmation either by telephone or email to discuss or arrange the proposed delivery of each individual item ordered. Orders for more than one item may be delivered in instalments.
7.6. If we are unable to deliver the Goods within 20 weeks of the Order Confirmation then, unless you have agreed to a delivery after that time, then you may cancel this contract in accordance with the cancellation terms below.
8. Risk and title
8.1. The Goods will be at your risk from the time of delivery to the kerbside of the delivery address. This means that you are responsible for the safety and security of the Goods from that point in time.
8.2. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including VAT and any additional taxes shipping or other payments due under these Conditions.
9.1. Cancelling before receiving an Order Confirmation
9.1.1. You may cancel your order for the Goods at any time prior to receiving an Order Confirmation from us by notifying us of your decision to cancel.
9.1.2. You may notify us by sending us an email to firstname.lastname@example.org or a letter to Aurora House, Hopper Hill Road, Eastfield, Scarborough, North Yorkshire, YO11 3YS quoting your name, address, the name or a description of the Goods and your order reference number.
9.2. Cancellation & returns after receiving an Order Confirmation: Where Goods are not faulty
9.2.1. Subject to the terms of this clause, if you ordered Goods at home or on our Website then you may cancel this Contract at any time before the expiry of 14 calendar days after the day you received the Goods (the 'Cancellation Period'). You may do this by notifying us of your decision to cancel. We will issue refunds within 14 days of receipt of your notice of cancellation.
9.2.2. The above right to cancel does not apply to orders for Goods which are bespoke or which have been personalised or modified to your order. For the avoidance of doubt Goods which have been painted by us at your request in a custom colour chosen by you are bespoke products and cannot be returned.
9.2.3. You may notify us of your decision to cancel in writing by sending us by email to email@example.com or by post to Aurora House, Hopper Hill Road, Eastfield, Scarborough, North Yorkshire, YO11 3YS
9.2.4. If you ordered your Goods in our showroom there is no right of cancellation for non-faulty Goods after receipt of an Order Confirmation
9.2.5. Upon receiving notice of your cancellation, we will contact you and provide details of where you must return the Goods and other relevant instructions relating to packaging of the Goods. You must then return the Goods to us in an unused, unfitted and re-saleable condition without delay and at the latest within 14 days of notifying us of your cancellation.
9.2.6. Goods are returned at your own risk and at your own cost unless we offer to pay the cost of return. We reserve the right, at our option, to collect the Goods from you. If we wish to collect the Goods we will notify you of when we will collect them. We may charge you for the reasonable costs of collecting the Goods and may deduct this from any sum owed by us to you.
9.2.7. You must return the Goods to us in the same condition in which you received them with the original undamaged packaging (or replacement packaging which may be supplied by us at your cost).
9.2.8. If the value of the Goods is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Goods, or as a result of the Goods being, in our reasonable opinion, used or fitted, we will be entitled to claim this reduction in value from you and to deduct it from any money which you have paid us.
9.3. Cancellation & returns after receiving an Order Confirmation: Where goods are faulty
9.3.1. The Goods we supply must be of satisfactory quality, as described, fit for purpose and last a reasonable length of time. If they do not meet these requirements then subject to the terms of this clause, you may reject the Goods as faulty and cancel this Contract. You may do this at any time before the expiry of 30 calendar days after the day you received the faulty Goods (the 'Cancellation Period') by notifying us of your decision to cancel and whereupon you will receipt a full refund.
9.3.2. Goods are not faulty if the damage is caused by normal wear and tear, misuse, incorrect fitting or accidentally by you or your agents. We may need to examine the Goods and the circumstances to consider the nature of the fault concerned and may require you to return the Goods to an address specified by us.
9.3.3. You may notify us of your decision to cancel in writing by email to firstname.lastname@example.org or by post to Aurora House, Hopper Hill Road, Eastfield, Scarborough, North Yorkshire, YO11 3YS
9.3.4. Your right to cancellation in respect of faulty Goods applies whether they are ordered at home or on our Website or in our showroom.
9.3.5. Upon receiving notice of any cancellation (or rejection after the Cancellation Period), we will contact you and provide details of to where you should return faulty Goods and other relevant instructions relating to packaging of the faulty Goods. You must then return the faulty Goods to us without delay and at the latest within 14 days of notifying us of your decision to cancel or reject.
9.3.6. Where we require the return of faulty Goods, you must return them at your own risk and at your own cost unless we offer to pay the cost of return. We reserve the right, at our option, to collect the faulty Goods from you. If we wish to collect the faulty Goods we will notify you of when we will collect them. We may charge you for the cost of collecting the faulty Goods. However, where the Goods are found by us to be faulty we will also refund to you the reasonable cost incurred by you in returning the faulty Goods as directed by us.
9.3.7. If the Cancellation Period has expired (or earlier if you so choose) you may reject the faulty Goods and request either a repair or a replacement by notifying us of your decision in writing by email to email@example.com or by post to Aurora House, Hopper Hill Road, Eastfield, Scarborough, North Yorkshire, YO11 3YS
9.3.8. If a repair or replacement of the faulty Goods fails or is impossible to provide then you may choose whether to accept an agreed price reduction for the faulty Goods or to cancel this Contract and receive a refund.
9.3.9. Where a final rejection and cancellation occurs more than 6 months after delivery of the faulty Goods we may reduce any refund we give by taking into consideration the use you have had of the faulty Goods in the period since they were delivered.
10.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
10.1.1. Death or personal injury resulting from our negligence
10.1.2. Fraud or fraudulent misrepresentation
10.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
10.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
10.2. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
10.3. We will not be liable if the Website is unavailable at any time.
10.4. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
10.5. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
10.6. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or as a result of your downloading, streaming or otherwise accessing any Digital Content supplied on the Website or from any Website linked to it.
10.7. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
10.8. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
10.8.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any loss related to your business, the extent of which was not foreseeable at the time of the contract); or
10.8.2. any loss of goodwill or reputation; or
10.8.3. any special losses or losses not normally reasonably foreseeable at the time of the contract; or
10.8.4. any loss of data; or
10.8.5. wasted management or office time; or
10.8.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your agreement to purchase the Goods even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 10.8.1 to 10.8.6, is strictly limited to the total of the price of and any delivery charges you paid for the Goods.
10.9. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
10.10. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
11.1. We reserve the right to terminate the Contract with you and to suspend or terminate your access to the Website immediately and without notice to you if:
11.1.1. You fail to make any payment to us when due
11.1.2. You breach these Conditions (repeatedly or otherwise)
11.1.3. You are impersonating any other person or entity
11.1.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
11.1.5. We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
12. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13. External links on the Website
13.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
13.1.1. The privacy practices of such websites
13.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
13.1.3. The use which others make of these websites; or
13.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
14.1. All notices given by you to us must be given to us at Aurora House, Hopper Hill Road, Eastfield, Scarborough, North Yorkshire, YO11 3YS or by using firstname.lastname@example.org. We may give notice as described in the clause herein headed 'Communications
14.2. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15. Entire agreement
15.1. The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
15.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.
16.1. We reserve the right to change the domain address of the Website and any services, products, product prices, product specifications and availability at any time.
16.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.
16.3. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
16.4. If any provision of these Conditions is held by any 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 will not be affected.
16.5. All Contracts are concluded and available in English only.
16.6. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
16.7. A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.8. No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 2
16.9. Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Governing law and jurisdiction
17.1. The Website is controlled and operated in the United Kingdom.
17.2. Every purchase you make shall be deemed performed in England and Wales and the Conditions and any Contract brought into being as a result is be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.