Terms & Conditions
TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just email us on .
Application
These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
We are Just Stone, the terms of business on which we sell all Services to you by ordering any of the Services, you agree to be bound by these Terms and Conditions.
Interpretation
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally binding agreement between you and us for the supply of the Services.
Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order.
Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order.
Order means the Customer's order for the Services from the Supplier as set out overleaf.
Services means the services, including any Goods, of the number and description set out in the Order.
Services
The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.
In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services are subject to availability.
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement.
Customer responsibilities
You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Basis of Sale
The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the
Customer saying that the Order has been accepted or, if earlier, the Supplier's delivery of the
Services to the Customer.
Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 10 days from its date unless we expressly withdraw it at an earlier time. Our quotations and prices are based on costs prevailing at the time whether they are given or agreed. We shall be entitled to adjust the price of goods by such amount as may be necessary to cover any increase sustained by us after the date of the quotation or order in any direct or indirect costs of making, supplying, handling or obtaining the goods.
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
BEFORE TEMPLATE. The Customer must ensure before booking the template with us, that everything is ready for a template to be made;
(a) UNDERMOUNT sink is in place – rebated into the frame but not silicone’d in and with a bit of flexibility for accurate alignment at fit or DROP IN sink is available to be measured,
(b) Hob is on site and available to be measured and any special instructions concerning the hob to be given and written down,
(c) All panels that are to be added are in place,
(d) All plastering to be completed before template or after fit; do not plaster between template and fit,
(e) Packing for windowsills and behind up-stands to be in place. The Customer will be liable for any costs incurred by any delay, reschedule of template and additional journeys, which may result.
7.
UNSATISFACTORY UNITS: The Company reserves the right to refuse to fit worktops to units they deem to be unsatisfactory and the Customer will be liable for any expenses incurred in reschedule of fit. Units found at a later date to be unsound in any way will be the responsibility of the Customer.
8.
CAULKING AND DECORATING: The Company shall take responsibility for the fit of the worktops and any up-stand/splash-back according to the Company’s usual practice. Responsibility for caulking and decorating after the Granite is fit shall remain with the Customer.
9.
RELATIVE CUT-OUT DIMENSIONS.
Rails either side of any cut-out must be no less than 60mm.
If the width of the cut-out is 600mm then the minimum is 60mm.
If the width of the cut-out is 700mm then the minimum is 70mm.
If the width of the cut-out is 800mm then the minimum is 80mm.
If the rails have to be narrower than the minimum and reinforcement bars are required they will be charged at £50.00 each.
SAMPLES.
Samples submitted and illustrations/photographs in catalogues and literature must be accepted as showing type, class and general character only without warrantee or guarantee as to substance, performance, colour, size, thickness or shape.
Fees and Payment
The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
Fees and charges include VAT at the rate applicable at the time of the Order.
Payment for Services must be made at least 3 days in advance of installion. You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
If the sale is for cash all accounts are due before the goods are unloaded from the delivery vehicle.
We reserve the right to refuse to execute any order or contract if the arrangements for payment or the Customers credit are not satisfactory to us. In the case of non-payment of any account when due or in the case there shall be any fault or refusal on the part of the Customer to take due delivery of any goods or materials or in the case of death, incapacity, bankruptcy or insolvency of the Customer or where the Customer is a limited Company in the case of liquidation or the appointment of a receiver, then the purchase price of all goods and/or work invoiced and/or delivered by us to the customer to date shall immediately become due and payable from the Customer to us and in addition we are to have the right to cancel every contract made with the Customer or to suspend or continue delivery of goods and materials at our option without prejudice to our right to recover any loss sustained. Interest at the rate of 5% per annum above the bank base rate shall be payable in respect of all sums outstanding.
The Customer shall not be entitled to withhold payment of any amount due to us by reason of any dispute or claim by the Customer in connection with the goods supplied nor shall the Customer be entitled to set off against any amount due to us any amount which is not then due and payable to us for which we dispute liability.
Delivery
Delivery dates are estimates only and the time of delivery shall not be of the essence of the contract. We shall not in any event be liable to compensate the customer in damages or otherwise for any non-delivery or late delivery of goods or for any loss consequential or otherwise arising therefrom.
We do not undertake to deliver or collect any load over road or ground which in our judgment we consider to be unsuitable. If a vehicle used for performing our contract with any Customer delivers or collects a load to or from a place situated off the public highway the Customer is to be solely responsible for any damage or accident and is to indemnify usefully in respect thereof.
We do not generally deliver to addresses outside London. If, however, we accept an Order for delivery outside that London, you may need to pay additional charge, as we will not pay them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal
You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability. However, the deposit will not be returned.
Returns:
Where the Company supplies goods made to the customers own specifications, the Customer will be liable to recompense the Company for the cost of such goods if through no fault on the part of the Company the goods are no longer required by the Customer due to incorrect specifications being given by the Customer to the Company or any other cause.
Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation regarding your personal information.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found on our website.
For the purposes of these Terms and Conditions:
'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
'GDPR' means the General Data Protection Regulation (EU) 2016/679.
'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data while providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected.
- we will only Process Personal Data for the purposes identified.
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address:
Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
the party will advise the other party as soon as reasonably practicable; and
the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery.
Excluding liability
We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g., loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland, respectively.
We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution.