Terms and Conditions
Any orders via the website or by phone are accepted and made subject to these terms and conditions. The placing of any order by the Buyer will be accepted by the Buyer on these terms and conditions.
Reference to ‘Products’ are any of the range of products as featured on the website www.patioperfect.co.uk and sold by Stonecare4u Ltd.
1.1 Any orders received are subject to Stonecare4u Ltd accepting or rejecting such orders and will not be binding by Stonecare4u Ltd unless the order has been accepted. Any acceptance of any order by Stonecare4u Ltd is deemed a binding contract subject to these terms and conditions. Any acceptance of an order depends always on stock levels and the availability for delivery of the Products covered by each order. Prices as seen on any invoice issued by Stonecare4u Ltd are in effect from the date as seen on the invoice.
- End Use
2.1 Any determination of the ‘fitness for purpose’ of the Products as indicated on the invoice as contemplated by the Buyer or the Buyer’s customers will be the responsibility of the Buyer, and Stonecare4u Ltd shall accept no responsibility or liability in this respect. The Buyer will accept all risk and liability for loss, damage, or injury to property or Buyer or others. The Buyer will also accept all risk for all personal injuries to the Buyer or others arising out of the use or stocking of the Products. The Buyer agrees to indemnify Stonecare4u Ltd against any legal claims, demands and actions brought by others against Stonecare4u Ltd or its’ agents in respect of loss, damage or injury to persons or property arising out of the use or possession of the Products.
3.1 Stonecare4u Ltd warrants that the Products supplied shall conform to the description or specification as stated on the website and on the invoice. With full extent as allowed by law, the liability of Stonecare4u Ltd with respect to any breach of the warranty shall be limited, at the option of Stonecare4u Ltd, to payment for the cost of replacing the Products or of acquiring equivalent Products to complete any project to the Buyer’s satisfaction. In no instances shall Stonecare4u Ltd be liable for any consequential loss or damage arising from the use of the Products supplied. Nothing contained in this contract excludes, restricts or modifies any condition, warranty, right or remedy which, pursuant to the Trade Practices Act 1974 (The “Act”), applies to this contract or is conferred upon the Buyer, provided to the extent that the Act permits Stonecare4u Ltd to limit its liability for a breach of condition or warranty implied by the Act. In such instances the liability of Stonecare4u Ltd shall be limited, in the case of Products supplied in relation to this Agreement, to the payment of the cost of replacing the Products or of acquiring equivalent Products.
- Risk of Loss
4.1 Any risk of loss or delay in relation to all Products supplied shall pass to the Buyer upon Stonecare4u Ltd delivering the Products to the Buyer’s nominated carrier at the shipping point or store of Stonecare4u Ltd notwithstanding any payment of freight by Stonecare4u Ltd.
- Retention of Title
5.1 Stonecare4u Ltd shall retain ownership of the Products until such time as the Buyer has paid for them. This applies to all products and services supplied by Stonecare4u Ltd.
5.2 Although Stonecare4u Ltd does not provide credit terms, in instances where credit is given Stonecare4u Ltd shall be entitled to recover the Products from the Buyer if the Buyer does not make payment for them within 28 days.
- Orders without defined delivery instructions
6.1 Orders without defined delivery instructions are accepted upon the understanding that Stonecare4u Ltd will have the right to fulfil any order as it sees fit during the manufacturing or importation schedules and to hold the Products for the Buyer’s account at the Buyer’s expense.
7.1 The Buyer will indemnify Stonecare4u Ltd against any liability, loss, damage or expense (including legal costs on a full indemnity basis) incurred as a result of any of the following:
7.1.1 A willful or negligent act or omission by the Buyer;
7.1.2 Any warranty or representation made by the Buyer that was inaccurate or misleading.
- Product Liability
8.1 All terms, conditions and warranties of any type in relation to the Product are excluded to the maximum extent allowed by the law. In respect of product which is not of a kind ordinarily acquired for personal, domestic or household use or consumption, the liability of Stonecare4u Ltd for a breach of any condition or warranty implied by law is limited to the replacement of the Product or the supply of equivalent Product.
- Change or cancellation of orders
9.1 Stonecare4u Ltd will give due consideration to any request of the Buyer for modification or cancellation of an order, but the order may not be modified or cancelled without the written consent of Stonecare4u Ltd.
9.2 Stonecare4u Ltd reserve the right to deduct a delivery charge from any order where attempted delivery is made but not completed due to incorrect information given by client at time order is placed. If the order is cancelled in transit due to a change of circumstances a refund can be made minus any delivery and handling charges incurred by Smartseal.
10.1 In the event of war, fire, flood, strike, labour trouble, accident, riot, act of government authority, act of God or other contingencies beyond the control of the parties, interfering with the production, supply, transportation or use of the Products covered by this order, any quantities so affected may be eliminated from the contract without liability, but the contract shall otherwise remain unaffected. Stonecare4u Ltd may during any period of shortage due to any of the said causes, pro rata its supply of such Products with its customers under this and other orders and contracts in such manner as Stonecare4u Ltd may deem fair and practicable.
- Quantity Variations
11.1 On any individual orders or release against or order for Products not stocked as a standard item, or not packed in standard cartons or packages, or on which special fabrications are required, Stonecare4u Ltd reserves the right to supply and invoice for a quantity of Products which may vary up to 10 percent over or under the quantity specified on the individual release and the buyer shall accept delivery and pay for any revised quantity.
12.1 Unless otherwise specified, quotations are for information only, and are not intended as an offer and are subject to change without notice in all respects, including prices, delivery date, terms, quantities or specifications.
- Terms of Payment
13.1 Terms of payment shall be as stated in these terms and conditions. Credit is permitted at the discretion of Stonecare4u Ltd. Payment can be made as detailed below
13.1.1 Online payment by credit card, debit card or PayPal
13.1.2 Cash on collection of order
13.1.3 BACS payment
13.2 Any Invoices are payable in the currency of the UK only, unless otherwise stated.
13.3 Payment on receipt of Pro Forma invoice by credit card, debit card or BACS
14.1 Unless otherwise stated carriage of Products within the UK will be made with freight pre-paid. Stonecare4u Ltd will have the right to select the means of transportation for the Products. If the Buyer requires a means of transportation other than that provided by Stonecare4u Ltd any extra costs incurred due to using alternative means of transport shall be paid by the Buyer. It shall be the Buyer’s responsibility to take out such insurance during carriage considered appropriate. In the event of any general increase or any ruling or regulation affecting such rates resulting in increased freight charges, Stonecare4u Ltd may, at its discretion, increase its price to reflect such additional freight charges without advance notice.
- Return of Products
16.1 Unused products sold by Smartseal may be returned for credit within 60 days from the date of shipment of the products, if permission for any such return is granted by Stonecare4u Ltd in writing. A restocking fee of 20% of the invoice value may be applied at the discretion of Stonecare4u Ltd to cover administration and other costs. Additional charges for collection would be applied over and above the restocking costs as outlined above.
- Commencement of Suit
17.1 An action for breach of this contract must be commenced within two (2) years after the cause of action has accrued.
- Entire Agreement
18.1 The above terms and conditions represent the entire agreement between Stonecare4u Ltd and the Buyer with respect to the sale of the Products specified in the order and this agreement cannot be modified except by a new written order signed by both Stonecare4u Ltd and the Buyer covering the sale of the Products.
- Applicable Law
18.1 For Products sold in the European Union this contract shall be governed by and construed in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of its Courts.
18.2 For Products sold outside of the European Union this contract shall be governed by and construed in accordance with the laws of the country of destination.
20.1 The rights and duties under this contract are not assignable or transferable by either party without the written consent of Stonecare4u Ltd.
- Standard Terms
20.1 The Buyer acknowledges that the terms and conditions set out in this page are the standard terms and conditions upon which Stonecare4u Ltd deals with all its customers including the Buyer. Unless otherwise agreed by Stonecare4u Ltd in writing, these terms and conditions shall apply to all future contracts entered between Stonecare4u Ltd and the Buyer.