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TERMS & CONDITIONS

 

  1. 1. TERMS AND CONDITIONS
  2. This section, along with any documents referred to within it, comprises the terms and conditions (“Terms”) on and subject to which you make use of Stonelux Limited’s (“Stonelux” or “our”) websites at www.stonelux.co.uk or www.charlesproducts.co.uk or www.stonelux-stone-effect-paints.myshopify.com/ (“the Website”). The Terms apply to the supply to you of any of the goods provided through the Website (“Goods”).

  3. 2. CONDITIONS OF USE
  4. Please read these Terms carefully before you start to use the website and before placing your order.

    By using the Website, you indicate that you accept the Terms and you agree to abide by them. Should you refuse the Terms, you cannot purchase the Goods from the Website.

    If you choose to access the Website from a country other than the United Kingdom you do so on your own initiative and are responsible for compliance with applicable local laws.

  5. 3. YOUR STATUS
  6. By placing an order for Goods through the Website you warrant that you are legally capable of entering into binding contracts, you are resident in, and accessing the Website from, the United Kingdom or Northern Ireland; and you are at least 18 years of age.

  7. 4. ORDERS
  8. Your order constitutes an offer to Stonelux to purchase the Goods and is not a contract of sale (“Contract”). The Contract is confirmed upon supply of the Goods.

  9. 5. PRICE
    1. 5.1 All prices quoted on the Website are inclusive of VAT at the standard rate.
    2. 5.2 The availability, specification and price Goods are subject to change without notice.
    3. 5.3 All descriptions, drawings and specification on the Website are for illustrative purposes only and are not binding on us. Stonelux does not warrant that product descriptions or other Website content is accurate, complete, reliable or error free.
    4. 5.4 From time to time there may be information on the Website that contains typographical errors, inaccuracies or omission relating to product descriptions, pricing, and availability. We are under no obligation to provide mispriced Goods and an incorrect (lower) price if the pricing error is obvious and unmistakeable and could reasonably have been recognised as incorrect pricing.

  10. 6.  DELIVERY
    1. 6.1 Delivery times are calculated in working days Monday to Friday. If you order after 12 pm the next working day will be considered the first working day for delivery. In case of bank holidays and over the Christmas period, please allow an extra two working days.
    2. 6.2 We aim to deliver orders below the total value of £1,000 within 10 working days but sometimes this is not always possible. We will email you if we become aware of an unexpected delay.
    3. 6.3 For orders over the total value of £1,000 additional lead times will apply. Please contact us for further information.
    4. 6.4 Time is not the essence of the Contract unless expressly stated otherwise. Stonelux shall not be liable in any manner whatsoever for delayed delivery.
    5. 6.5 Delivery will be completed when delivered to the address provided by you at the time of checkout.
    6. 6.6 Stonelux reserves the right to deliver by instalments. You shall inspect all Goods on delivery and will be deems to have accepted the delivery in full contractual satisfaction of the order, unless:
      1. 6.6.1You endorse the couriers note appropriately;
      2. 6.6.2 You advise Stonelux immediately by telephone.
    7. 6.7 Where Goods are dispatched with Royal Mail, if the customer is not present when delivery is attempted a card will be left and you can collect the goods from your local sorting office or you can rearrange delivery.
    8. 6.8 Where Goods are dispatched with a courier they require acceptance by an individual over the age of 18 at the delivery address provided at the time of checkout.
    9. 6.9 Stonelux Limited will not accept responsibility for loss or damage to any goods where you have instructed the delivery company to leave the goods unattended.

  1. 7. WARRANTY
    1. 7.1 You must specify clearly the product being ordered and the specification required. Stonelux does not accept liability for the failure to order the correct product or specification.
    2. 7.2 Stonelux will endeavour to assist you with technical advice and specifications but you are responsible for ordering the correct product or specification and deciding upon the fitness for purpose of the Goods.
    3. 7.3 Any information, whether verbal or in writing of any kind (including on the Website), is for guidance only and is given in good faith but without warranty as skill of application and site conditions are beyond our control. We do not accept any liability whatsoever for the performance or non-performance of the Goods beyond the value of those goods (for example, we shall not be liable in respect of wasted time or additional costs incurred by any person such as labour or scaffolding costs nor shall we be liable in respect of any alleged consequential losses of any person).
    4. 7.4 Stonelux does not warrant that instalments of, or batches of, repeat orders of any Goods shall comply with the specification or colour match of any other instalment batch or order.
    5. 7.5 Stonelux reserves the right to refuse to accept any repeat orders at its own discretion.
    6. 7.6 Stonelux will not be responsible for ensuring that the Goods are suitable for your purposes.
    7. 7.7 Stonelux does not warrant that coverage information is accurate. Coverage varies by colour, substrate and application method. It is your responsibility to ensure you have ordered sufficient Goods for your purpose.

  2. 8. LIABILITY (CONSUMERS)
    1. 8.1 This clause only applies if you are a consumer.
    2. 8.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
    3. 8.3 We only supply the Goods for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    4. 8.4 We do not in any way exclude or limit our liability for:
      1. 8.4.1 death or personal injury caused by our negligence;
      2. 8.4.2 fraud or fraudulent misrepresentation;
      3. 8.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
      4. 8.4.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
      5. 8.4.5 defective products under the Consumer Protection Act 1987.

  3. 9. LIABILITY (BUSINESSES)
    1. 9.1 The Goods are suppled for use by your business, and you agree not to use the Goods for any re-sale purposes.
    2. 9.2 Nothing in these Terms limit or exclude our liability for:
      1. 9.2.1 death or personal injury caused by our negligence;
      2. 9.2.2 fraud or fraudulent misrepresentation;
      3. 9.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
      4. 9.2.4 defective products under the Consumer Protection Act 1987.
    3. 9.3 Subject to clause 9.2, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      1. 9.3.1 any loss of profits, sales, business, or revenue;
      2. 9.3.2 loss or corruption of data, information or software;
      3. 9.3.3 loss of business opportunity;
      4. 9.3.4 loss of anticipated savings;
      5. 9.3.5 loss of goodwill; or
      6. 9.3.6 any indirect or consequential loss.
    4. 9.4 Subject to clause 9.2 and clause 9.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the invoice price of the Goods purchased.
    5. 9.5 Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
    6. 9.6 Stonelux will not be responsible for ensuring that the Products are suitable for your purposes.

  4. 10. CANCELLATION
    1. 10.1 If you are a consumer, you may cancel the Contract within fourteen days from the date you received the Goods, unless your Goods were bespoke or tinted to order.
      1. 10.1.1 If exercising your right to cancel, you must return the Goods to us immediately, in the same condition in which you received them (unopened, seal unbroken and in their original packaging), and at your own cost and risk.
      2. 10.1.2 You have a legal obligation to take reasonable care of the Goods while they are in your possession. Where you have failed to take reasonable care of the Goods, we reserve the right to refund you less any amounts due by way of compensation to either repair the Goods or to cover any loss. For tubs and paint cans that have been opened, we reserve the right not to issue a refund.
      3. 10.1.3 To cancel the Contract you should contact Stonelux on 01405 720281 or email notification of a cancellation to info@stonelux.co.uk. Cancellation of a Contract is effective from the date of the phone call or when the email is sent.
    2. 10.2 We reserve the right to cancel the Contract at any time and/or claim damages for breach of contract if we suspect that you have made a fraudulent misstatement to us, whether orally or in writing, prior to or after entering into the Contract.

  5. 11. FAULTY GOODS
    1. 11.1 In the unlikely event that the Goods arrive damaged or faulty, you must notify us within 24 hours of delivery, with proof of the damage (photographs where possible), in order for replacement goods to be re-sent free of charge. No such claims will be accepted after the 24 hours has elapsed.
    2. 11.2 Once goods have been returned and inspected the refund/exchange will be arranged without unreasonable delay and will be processed within 30 working days. Any goods found not to be faulty will be returned to you and you will be responsible for our reasonable postage costs.
    3. 11.3 You must contact us and be in receipt of a returns authorisation (RA) number before sending any item back. Any product without a RA number will not be refunded.
    4. 11.4 All shipping back to Stonelux Limited is the customer’s responsibility until goods have been inspected and confirmed to be faulty/damaged. Once goods are confirmed to be faulty/damaged and upon presentation of proof of shipping the cost of postage will be refunding within 30 working days.
    5. 11.5 If an item is no longer available we will offer a reasonable alternative, in this instance you will have the option of a refund.

  6. 12. RETURNS
  7. In addition to your statutory rights, we offer a returns policy. Returns will be accepted, with proof of purchase, within 28 days from the date of purchase providing the below terms are met:

    1. 12.1 Goods must be unopened, unused, in their original packaging and in the condition that you received them. Where items have been purchased together at a discounted rate, both items must be returned in the above condition to be eligible for a refund. We are unable to accept returns of tubs or paint cans that have been opened.
    2. 12.2 You must notify us of the return either in writing at the address below, by telephone 01045 720281 or email info@stonelux.co.uk.
    3. 12.3 You must arrange, at your own non-refundable expense, to return the Goods in a saleable condition to Returns, Stonelux, Unit 10, Humber Street Industrial Estate, Goole, DN14 5UJ as soon as possible. Please ensure that you include your name, address and order number with the return.
    4. 12.4 We strongly recommend that you return the Goods in their original packaging or packaging of equal strength and that you fully insure the items that you are returning and obtain proof of delivery. We are unable to issue refunds for Goods that are no longer in a re-saleable condition (this includes any damage that may occur while goods are being returned).
    5. 12.5 Goods will not be deemed as returned until they are received by us.
    6. 12.6 On compliance with the above, a refund will be processed, less a 15% surcharge of your order value, to cover administration and warehouse restocking costs.
    7. 12.7 Tubs and paint cans that have been opened do not meet with the conditions of this returns policy and we reserve the right not to issue a refund.
    8. 12.8 Bespoke Goods and Goods tinted to order are excluded from our returns policy.

  8. COLOUR ACCURACY
    1. 13.1 Images of the Goods on the Website are for illustrative purposes only.
    2. 13.2 Stonelux have made every effort to display the colour of the Goods as accurately as electronic devices will allow. Stonelux does not warrant or guarantee an exact match of the on-screen colour to the colour of the actual Goods and the colours displayed on the Website should not be relied upon as colours will vary depending on your individual screen settings.
    3. 13.3 We strongly recommend testing a colour prior to making a larger purchase. Please note samples are colour testers only and are not representative of the quality or specification of the Goods later purchased.
    4. 13.4 Stonelux products contain natural materials and as such there will be some natural colour variation between instalments or batches of Goods. Manufactured pigments can differ from batch to batch; tinting machines produce slightly different strength colours each time and other raw materials will vary every time a paint is made. The finished colour is always dependant on the properties of the substrate being coated (absorption rate, type of the material etc) variation in colour will occur. Stonelux does not accept any liability for variation in colour.

  9. CHANGES TO THESE TERMS
    1. 14.1 We reserve the right to amend and change the Terms from time to time without notice.
    2. 14.2 You will be subject to the Terms in force at the time that your order the Goods from us.

  10. FORCE MAJEURE
    1. 15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
    2. 15.2 A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:
      1. 15.2.1 strikes, lock-outs or other industrial action;
      2. 15.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
      3. 15.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
      4. 15.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
      5. 15.2.5 impossibility of the use of public or private telecommunications networks; and
      6. 15.2.6 the acts, decrees, legislation, regulations, or restrictions of any government.
    3. 15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

  11. 16. COMMUNICATIONS AND NOTICES
    1. 16.1 Where we refer to “in writing” in these Terms this will include email.
    2. 16.2 If we have to contact you to of give you nice in writing, we will do so by email or by post to the address you provided to us in your order.
    3. 16.3 If you are a business, any notice give by you to us will be deemed received and properly served 24 hours after an email is sent, or 3 days after the date of posting any letter. The provisions of this clause shall not apply to the services of any proceeding or other documents in any legal action.

  12. GENERAL
    1. 17.1 The Contract is between you and us. The rights and obligations under these Terms cannot be transferred to another person or business without Stonelux’s written consent.
    2. 17.2 A person who is not a party to the Contract shall have not rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract and/or these Terms. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
    3. 17.3 If any paragraphs of these Terms are determined unlawful by a Court or other competent authority, such paragraph will, to that extent, be severed from the remaining Terms, which will remain in full force and effect.
    4. 17.4 The Terms are governed by English law. The Contract and any dispute or claim arising out of or in connection with it or its subject matter of formation (including non-contractual disputes or claims) will be governed by English law. You agree that the courts of England and Wales will have exclusive jurisdiction (unless you are a consumer and resident in either Northern Ireland or Scotland, in which case you may also bring proceedings in those countries).
    5. 17.5 We own all intellectual property rights in the Goods and you agree that these rights may not be used in any way without our written consent.
    6. 17.6 All content included on the Website is owned by Stonelux Limited and is protected by all intellectual property rights. You are not permitted to download any of Stonelux’s logos and trade marks. The Website and its contents may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial benefit other than with the written consent of Stonelux.
    7. 17.7 Stonelux is not responsible for the content of any third-party websites which are linked to the Website.


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