Terms & Conditions

 

1. Definitions

• “We” means DNS Stones UK Limited.
• “Customer” means the person specified in the Order Acknowledgement as purchaser of the Goods from us.
• “Goods” means the products you are ordering from our website / brochure.
• “Writing” means in writing and sent to our registered office and does not include email.
• “Registered Office” means DNS Stones Ltd. C/O PT Leeds (Inside High Trees Garden Centre) Otley Old Road, Horsforth Leeds, LS18 5HZ
• “Acceptance” an email / form sent to you at the email / postal address you provide in your order form or verbal acceptance by telephone.
• “Custom made” means any pallet that’s made to bespoke meterage / pieces that are less than the full pallet.

2. The contract between us

• 2.1. Our website and brochures are only intended for use by people resident in the UK and delivery of Goods is only available to the UK mainland. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us will be subject to correction without any liability on our part.
• 2.2. We must receive payment of the whole of the price for the Goods and delivery before your order can be accepted. When payment has been received, we will confirm that your order has been accepted by providing the Acceptance. The Acceptance brings into existence a legally binding contract between us.
• 2.3. By placing an order for the Goods, you are warrant that you;

a) Are legally capable of entering into a contract

b) Are at least 18 years old

c) Are resident in the UK

d) Accept these conditions

• 2.4. When providing any advice to you on the suitability of any Goods for your requirements we are relying upon the information you provide. You must ensure that all information is accurate including any applicable design, drawing or specification and you must give us any necessary information relating to the Goods within enough time to allow us to comply with these Terms
• 2.5. If Goods are to be manufactured or any process is to be applied to the Goods by us in accordance with a specification submitted by you, you will indemnify us against all loss, damages cost, costs expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim for infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights of any person which results from our use of your specification.
• 2.6. Any variation to these Terms must be in Writing and signed by one of our Directors.
• 2.7. We reserve the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or, where the Goods are to be supplied to your specification, which do not materially affect their quality or performance.

3. Price

• 3.1. The price payable for the Goods are as set out in our website / current price list.
• 3.2. You will be required to pay extra for delivery, and it may not be possible for us to deliver to some locations. Our delivery charges are specifically quoted on each order.
• 3.3. Payment by credit card will not be effective until we are in receipt of cleared funds.
• 3.4. We reserve the right to increase the price of the Goods by giving notice to you prior to delivery to cover;

a) Any increase in our costs which are beyond our control, including, without limitation, foreign exchange fluctuation, significant increase in the costs of labour, materials, or other costs of manufacture

b) Any change in delivery dates, quantities or specification of the Goods which are requested by you

c) Any delay caused by your failure to give adequate information or instructions If you do not wish to pay the higher price, you may cancel your order and we will refund any payments made by you.

4. Right for you to cancel your contract

• 4.1. You may cancel your contract with us for the Goods at any time up to the end of the 7th working day from the date you receive the Goods. You do not need to give us any reason for cancelling nor will you have to pay any penalty.
• 4.2. You cannot cancel your contract if the Goods have been custom made to your requirements.
• 4.3. To cancel your contract, you must notify us in Writing at our Registered Office giving details of the Goods and (where appropriate) their delivery.
• 4.4. If you have received the Goods before or after you cancel, then you must not unpack the Goods received by you and you must arrange for delivery of the Goods back to us at our Registered Office at your own cost and risk as soon as possible. You must take reasonable care to ensure the Goods are not damaged in the meantime or in transit. If the Goods are damaged (or have been modified) by you or are damaged in transit in a way you could have foreseen (such as not using similar packaging as sent to you), we will assess the damage caused and if some or all of the Goods are not in a saleable condition then those Goods will be rejected and a proportionate part of the refund withheld.
• 4.5. When you have notified us that you are cancelling, any sum debited to us from your credit card will be re-credited to your account, less delivery charges and 20% restocking fees, as soon as possible and in any event within 30 days of your order provided that the Goods are returned by you and received by us in the condition they were in when delivered to you. If you do not return the Goods, we shall be entitled not to make any refund of the payment for the Goods made by you.

5. Cancelation by us

• 5.1. We reserve the right to cancel the contract between us if;

a) We have insufficient stock to deliver the Goods

b) We do not deliver to your area

c) The Goods were listed at an incorrect price

• 5.2. If we cancel your contract, we will notify you by email or the postal address provided and will re-credit to your account any sum deducted by us as soon as possible but in any event within 30 days of your order. We will not be obliged to pay any additional compensation for disappointment suffered.

6. Delivery of Goods to you

• 6.1. We will deliver the Goods to the address you give us for delivery at the time you make your order. You must supply us with all the information we reasonably require enabling us to determine whether we will be able to deliver the Goods and the most appropriate method. If delivery is unsuccessful due to;

a) An inaccurate or incomplete delivery address

b) No one being present to accept delivery

c) Inaccessibility

d) Unsuitable or unsafe premises

Then you will be charged additional delivery charges for every attempted redelivery (up to a maximum of three delivery attempts at our sole discretion).

• 6.2. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of Acceptance. However, time shall not be of the essence unless expressly agreed by us in writing.
• 6.3. Delivery of the Goods will take place when the Goods have been offloaded at the nearest accessible point to the delivery address which is available, which may be your driveway or the kerbside.
• 6.4. If Goods are to be deposited other than your private residence, we will deliver the Goods as near as possible as is safe and the public highway permits. You will be responsible for complying with all regulations, permits and charges and for all steps which need to be taken for the protection of persons or property. You will reimburse us for all reasonable losses, damages, costs and expenses we may incur as a result of such delivery, whether on the public highway or elsewhere. We will only be liable for all losses caused by our own negligence.
• 6.5. We will only enter your private residence if we are given specific authority. When invited we accept no liability for damage caused to that property by our delivery drivers (whether directly employed by us or by a third party) unless caused by our own negligence.
• 6.6. The delivery price quoted includes delivery on weekdays and during normal working hours. An additional charge may be made, if we agree at your request, to deliver outside normal working hours or on Saturdays / Bank holidays. AM / PM or Timed delivery service might be available for additional charge.
• 6.7. If you keep our delivery vehicle waiting for an unreasonable time or the delivery driver is obliged to return without completing delivery, or if due to the nature of the Goods we have to provide additional staff to unload the Goods, a reasonable additional charge will be made reflecting the extra service provided.
• 6.8. We will not be liable for any death or personal injury to you or anyone under your control during unloading, that was not caused by negligence or by a breach of our statutory duty.
• 6.9. You are responsible for checking the Goods at the time of delivery and the Goods must not be affixed to any land or buildings prior to inspection. If you are not satisfied with the Goods, or if they do not conform to your order or, if they are damaged or faulty or, if they are not satisfactory quality or are otherwise defective, you should reject the Goods on delivery. However, only after contacting our office via telephone to inform us of your intentions.

7. Risk and ownership

• 7.1. Risk passes to you as soon as we have delivered the Goods and you will then be responsible for them. If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the original date when we agreed to deliver.
• 7.2. We will retain title (ownership) to the Goods until you pay the full price (in cash or cleared funds) of the Goods and any other sums outstanding between you and us whether in respect of this contract or otherwise.
• 7.3. Until title passes you shall;

a) Hold the Goods on trust on our behalf

b) Store the Goods separately from other Goods so they can remain identifiable and

c) Not affix the Goods to any land or buildings so they can become incapable of removal without material injury to the land or building.

• 7.4. Your acceptance of the Goods can take place in the following ways;

a) By telling us that you have accepted the Goods

b) By altering or customising the Goods in any way

c) By affixing the Goods to any land or buildings

d) By keeping the Goods longer than a reasonable time without telling us you have rejected them.

8. Liability

• 8.1. If the Goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you;

a) Unless you notify us in Writing at our Registered Office within 5 working days of delivery

b) If you have affixed the Goods to any land or buildings

c) If the defect or fault was brought to your attention on or before the time of sale

d) If you inspected the Goods on or before the time of delivery and the defect or fault was or should have been readily noticeable

e) If the defect arises from your wilful actions, negligence, abnormal working conditions, misuse, alteration or repair of the Goods, failure to follow instructions relevant to the Goods or storage of the Goods in unsuitable conditions

f) If the defect is a result of fair wear and tear

• 8.2. If you notify a problem under this condition, our obligation will be at our option;

a) To make good any shortage or non-delivery

b) To repair or replace any Goods that are damaged or defective

c) To make a reduction in the defective Goods

d) To refund to you the amount paid for the Goods in whatever way we choose (unless you have accepted the Goods)

 

• 8.3. For the avoidance of doubt, we will be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse or alternation or repair of the Goods without our approval.
• 8.4. The Goods are produced from natural materials and there may be significant colour and texture differences in Goods in the same range or order. Samples are provided as an indication of colour and texture only. We recommend viewing several samples to appreciate the variance in colour and texture. We will not accept any returns or make refunds due to such variances.
• 8.5. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profit, business or goodwill) howsoever arising and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount for the Goods in question under clause 7.4.d. above.
• 8.6. You must observe and comply with all applicable regulations and legislations relating to purchase of goods from our website / brochure
• 8.7. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

9. Notices

Unless otherwise expressly stated in these conditions, all notices from you to us must be in Writing and sent to our Registered Office. All notices from us to you will be displayed on our website, emailed to you or posted to your address provided.

10. Events beyond our control

We shall have no liability to you for any failure to deliver Goods or any delays in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitations, strikes, lock-outs and other industrial disputes. Breakdown of system or network access. Floods, fire, explosion or accident.

11. Invalidity

If any part of these conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

12. Usage and Precautions

• 12.1. The Goods require the use of protective footwear and gloves when handling. Manual handling of Goods may cause injury and should be avoided. Good lifting practices must always be adopted when handling the Goods.
• 12.2. Dust and flying fragments may be created when cutting the Goods and protective respiratory and eye protective equipment must be worn when cutting or handling the strapping and packaging. Care should be taken on releasing or removing the packaging to ensure items do not fall from the pack.
• 12.3. The Goods may be delivered with steel or plastic straps under tension or secure polythene wrapping. Appropriate hand and eye protection must be worn when cutting or handling the strapping and packaging. Slabs should be lifted from the top of the crate instead of breaking the sides of the crate to avoid risk of slabs falling out of the pallet and causing an injury.
• 12.4. The Goods and any packaging should be disposed of in accordance with local authority requirements for non-hazardous materials.

13. Data Protection

By placing your order, you allow us to use your personal details for the purpose of supplying the Goods (including passing your details on to our employees / agents). We may share your information within our Company network for purposes connected to or relating to the fulfilment of your order or for other internal accounting or compliance purposes. We will not use your details for any other purpose, without seeking your prior consent.

14. Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract.

15. Governing Law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

16. Entire agreement

These conditions, together with our current website / brochure prices, delivery details and contract details and the Guarantee (if appropriate) set out the whole of our contract relating to the supply of the Goods to you by us. Nothing said by any salesperson on our behalf should be understood as a variation of these conditions or as an authorised representation about the nature or quality of any Goods offered for sales by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.