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.
Price
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.
Payment
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.
Order process and formation of a contract
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.
Delivery
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.
Cancelling your Contract and returning Goods
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 [email protected] 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 protected]
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 [email protected]
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 protected] 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. Termination
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.
Notices
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 [email protected].
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.
General
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.