TERMS AND CONDITIONS OF SALE
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Specify Ltd of 56 South Street, Bo'Ness,West Lothian, EH51 9HA, Reg. No. SC460581 that owns and operates Real Stone Cladding;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means www.specify-uk.com.
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in http://www.specify-uk.com/contact.html
3.4 Payment in full or part-payment, advance payment or a deposit are deemed as an acceptance of the quote and constitute an order.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website/Quote. The price is exclusive of VAT. The price excludes delivery charges.
4.2 The total purchase price, including VAT, delivery and other charges, if any, will be displayed in the Buyer’s shopping cart / on the quote document prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
4.4 In the case of Consumer sales, payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
4.5 In the case of other sales, payment of the price plus VAT and delivery charges shall be due within 7 days of the date of receipt of the invoice supplied by the Seller.
4.6 The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7.1 Goods supplied within the UK will normally be delivered within 7 working days of acceptance of order but in any event, within 30 days after the Contract is entered into.
7.2 Goods supplied outside the UK will normally be delivered within 7 working days of acceptance of order but in any event, within 30 days after the Contract is entered into.
7.3 For goods supplied on ‘custom made’ or bespoke’ basis, e.g. architectural stone items or stone cut to custom thickness/ lengths, there will be a lead time individually quoted for such orders. The lead time will be an additional period of time added to our standard delivery time of 7 working days. Lead time will be quoted in working days or calendar weeks.
7.4 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date.
7.5 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.6 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Supplier is under a legal obligation to supply Goods in conformity with the Contract. Shall the delivery be aborted due to Buyers actions or absence, they will be liable for the redelivery costs and any associated charges.
7.7 The delivery shall be by means of a vehicle using tail lift unless otherwise agreed with the Buyer. Delivery is to the kerbside or nature strip only.
7.8 Risk in the Goods shall pass to the Buyer when they are in the physical possession of the Buyer.
7.9 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
The Buyer, if a Consumer, has the right to cancel the Contract within 14 days without giving any reason. The conditions, time limits and procedures for exercising the Buyer’s right to cancel are laid out in the Schedule to these Terms and Conditions together with a cancellation form, in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Business customers (e.g. ‘trading as’ or limited companies) as well orders described in point 7.3 of this document (e.g. custom made or bespoke items) are excluded from the above right to cancel.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of Scottish courts.
RIGHT TO CANCEL
1 You have the right to cancel this contract within 14 days without giving any reason.
2 The cancellation period will expire after 14 days from the day:
(a) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, in the case of a sales contract;
(b) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately;
(c) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces;
(e) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good, in the case of a contract for regular delivery of goods during a defined period of time.
3 To exercise the right to cancel, you must inform us Specify Ltd of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
If you electronically fill in and submit the model cancellation form or any other clear statement on our website we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
5 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
7 We will make the reimbursement without undue delay, and not later than:
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
8 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9 In the event of cancellation we may withhold reimbursement until we have received the goods back (where we have not offered to collect the goods) or you have supplied evidence of having sent back the goods, whichever is the earliest.
RETURN OF GOODS
10 You shall send back the goods or hand them over to us at Specify Ltd without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. At our discretion, and on your request we might agree to arrange the collection of goods ourselves.
COST OF RETURNING GOODS
11 If we agree to collect the goods on your behalf, you will have to bear the direct cost of returning the goods. The cost of this will be £90 + VAT per pallet of up to 1000 kg.
12 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
SERVICE CONTRACTS BEGUN DURING CANCELLATION PERIOD
13 If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.
TERMS AND CONDITIONS OF USE
1 ACCEPTANCE OF TERMS
Your access to and use of www.specify-uk.com ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3 CHANGES TO WEBSITE
Real Stone Cladding reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Real Stone Cladding shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Real Stone Cladding or otherwise used by Real Stone Cladding as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6 DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, Real Stone Cladding will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 Real Stone Cladding makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Specify Ltd for death or personal injury as a result of the negligence of Specify Ltd or that of its employees or agents.
7 PRIVACY AND COOKIES
7.2 The Website uses third party cookies only. Cookies are small text files that are created by a web server and stored on your computer when you visit a website.
If you wish to opt-out of our placing cookies on your computer, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
You agree to indemnify and hold Real Stone Cladding and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Real Stone Cladding arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
10 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and you hereby submit to the exclusive jurisdiction of the Scottish courts.
PRIVACY AND COOKIES STATEMENT
1 Specify Ltd is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in the UK.
The purpose of this statement is to explain to you what personal information we collect and how we may use it.
2 When you order, we need to know your contact details. This allows us to process and fulfill your order. You have the option to withhold personal information that is not required for the order process.
3 We use your personal information to service your enquiries and orders, including:
• to notify you of changes to the website
• for payment and billing purposes
• to update you about new products/services
• to improve our products/services
• to conduct research
4 We do not sell, rent or exchange your personal information with any third party for commercial reasons, beyond the essential requirement for credit/debit card validation during purchase.
5 We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access in accordance with the UK data protection legislation.
We do not collect sensitive information about you except when you specifically knowingly provide it. In order to maintain the accuracy of our database, you can check, update or remove your personal details by contacting us at info AT specify-uk.com.
We use a technology called "cookies" as part of a normal business procedure. Cookies are small text files that are created by a web server and stored on your computer when you visit a website. They don't do anything i.e. they are not executable code and can only be read by (you and) the website that created them. You can view and edit the cookies on your computer like any other text file using a text editor (the contents are usually just strings of unique identifiers and date/timestamps). The website that created the cookie can read the contents when you are at their website.
Cookies are widely used across the internet: you may have hundreds of cookies on your computer at any one time. Each browser has its own set of cookies so, if you run multiple browsers, you will have multiple sets of cookies on your computer.
In the past, cookies have had some bad press. Much was due to a general misunderstanding of what cookies are and how they work but some was due to justifiable privacy concerns relating to 3rd party tracking cookies. These cookies are used by advertising websites and track a web user across multiple sites. The good news is that all modern browsers allow you to easily block 3rd party cookies.
We use the following cookies cookies for the following purposes:
Monitor the volume of traffic to our website and the products most often viewed by website vistitors. More information on Clicky privacy police here: https://clicky.com/terms
Some of our pages use AddThis which may set a number of cookies on your computer. More information on Addthis privacy police here: http://www.addthis.com/privacy/privacy-policy
Zopim: Provides online chat on our website. More information on Zopim privacy police here: https://www.zopim.com/privacy
All the major browsers allow you to block cookies and delete those that have already been created on your computer, usually within the 'Tools' section of the browser. These tools allow you to specify which cookies you will accept by type and often by specific websites using an exception list e.g. you can block all cookies and then list the website from which you will accept cookies. There are also a wide choice of browser add-ins that you can install if you wish greater control over persistent cookies.
6 We will not transfer your information outside the EEA (European Economic Area) without first obtaining your consent.
7 If you have any questions about privacy please contact us at info AT realstonecladding.co.uk.