Terms and Conditions
Company Address: 20 Angora Business Park, Peartree Road, Colchester, CO3 0AB
Company Registration No: 04439953
VAT No: GB 856 3275 05
1. USE OF NUSTONE.CO.UK
The Nustone.co.uk site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Nustone.co.uk site you are agreeing to these Terms and Conditions.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
We may update these Terms and Conditions from time to time and any changes will be notified to you via the email address provided by you on account registration or via a suitable announcement on the Nustone.co.uk site. The changes will apply to the use of the Nustone.co.uk site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Nustone.co.uk site. If you continue to use the Nustone.co.uk site after the date on which the change comes into effect, your use of the Nustone.co.uk site indicates your agreement to be bound by the new Terms and Conditions.
4. THE CONTRACT BETWEEN US
We must receive full payment for the price for the goods that you order before your order can be processed. Once payment has been received by us, we will confirm that the goods ordered are available and in stock, by sending an email to you at the email address you provided at the checkout page. We will then despatch the goods to the address provided at the checkout page. In the unlikely event that the goods ordered are not available, we shall email you at the email address you provided at the checkout page and arrange for your payment to be re-credited to your account within 7 days, or a suitable alternative.
5.1. The price payable for goods that you order are as set out in our website. 5.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges and restricted delivery areas are fully detailed in our delivery information.
6. NATURAL PRODUCTS
We endeavour to display as accurately as possible the colours and sizes of our products on our website, however, as our products are produced from natural stone, each batch is unique making it difficult to guarantee complete accuracy of the descriptions, sizes, images or photographs that are shown. An allowance should be made for +/- 5mm to cover natural variations in the dimensions specified for sandstone and slate products, +/- 2mm for granite paving and +/- 10mm for cobbles & setts. If you are concerned about an item’s colour, texture or finish please email us at: [email protected] or call our customer service team on 01206 700 599 for further details. Nustone.co.uk or Nustone Products LTD does not take any responsibility for the incorrect advice, incorrect installation of materials supplied or for any faults found in products after installation.
7. RIGHT FOR YOU TO CANCEL YOUR CONTRACT
7.1. You may cancel your contract with us for the goods you have ordered at any time up to 14 days. You do not need to give us any reason for cancelling your contract.
7.2. Please read our returns policy.
7.3. If your goods have been dispatched before you cancel your order, you can arrange for collection by Nustone.co.uk where a collection charge will be applicable, or alternatively return the goods at your own cost. Nustone.co.uk must be made aware of any damages to the goods before you return the goods. Any damages to the goods which have not been declared will be deducted from a final refund amount.
7.4. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be recredited to your account as soon as possible and in any event within 30 days of your order, excluding any initial delivery charges, return charges or goods returned to us that are not in a resellable condition.
8. CANCELLATION BY US
8.1. We reserve the right to cancel the contract between us if:
8.1.1. we have insufficient stock to deliver the goods you have ordered;
8.1.2. we do not deliver to your area; or
8.1.3. one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
8.2. If we do cancel your contract we will notify you by email and will recredit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
9. DELIVERY OF GOODS TO YOU
Please read our delivery information.
10.1. If the goods we deliver are not what you ordered, are damaged, defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at [email protected] highlighting the issue within 7 working days of the final delivery of the goods in question.
10.2. Due to the long distances that our products travel, some damages can occur. If the product you purchase is damaged or faulty, we may offer an exchange or refund as appropriate in accordance with section 10.4.1., 10.4.2. and 10.4.3. If you can see some of the delivery has arrived damaged, we ask you to sign for it as “damaged” or “Unchecked for Damages“ on arrival. It is important for you to inspect the delivery as much as you can before signing. By not clausing the delivery note we are unable to process any claim for breakages. To help us, after the delivery has taken place, we recommend that you open all products and check exactly how many individual slabs are broken, take photographs of the breakages, then contact our Claims team at [email protected].
10.3. Nustone.co.uk will not refund or replace tiles or slabs that fall under the minimum of 10% of acceptable loss. This should be taken into account when placing your order as we advise that 10% should be added to your order to allow for breakages and cuts.
10.4. If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
10.4.1. to make good any shortage or nondelivery;
10.4.2. to replace or repair any goods that are damaged or defective; or
10.4.3. to refund to you the amount paid by you for the goods in question in whatever way we choose.
10.5. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 10.2.3. above.
10.6. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable UK law 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.
11. AREA CALCULATION
We cannot be held responsible for under or over ordering. The areas of our full packs have been rounded up. Whilst every attempt has been made to provide you with the ability to accurately calculate your product requirements; we recommend you check all area calculations prior to confirming your order.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at [email protected] and all notices from us to you will be displayed on our website from to time.
13. EVENTS BEYOND OUR CONTROL
We shall have no liability to you for any failure to deliver goods you have ordered or any delay 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 limitation, vehicle delays, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
You may not use the Nustone.co.uk site for any of the following purposes:
- DISSEMINATING ANY UNLAWFUL, HARASSING, LIBELLOUS, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, OR OTHERWISE OBJECTIONABLE MATERIAL
- TRANSMITTING MATERIAL THAT ENCOURAGES CONDUCT THAT CONSTITUTES A CRIMINAL OFFENCE RESULTS IN CIVIL LIABILITY OR OTHERWISE BREACHES ANY RELEVANT LAWS, REGULATIONS OR CODE OF PRACTICE
- GAINING UNAUTHORISED ACCESS TO OTHER COMPUTER SYSTEMS
- INTERFERING WITH ANY OTHER PERSON’S USE OR ENJOYMENT OF THE NUSTONE.CO.UK SITE
- BREACHING ANY LAWS CONCERNING THE USE OF PUBLIC TELECOMMUNICATIONS NETWORKS
- INTERFERING OR DISRUPTING NETWORKS OR WEB SITES CONNECTED TO THE NUSTONE.CO.UK SITE
- MAKING, TRANSMITTING OR STORING ELECTRONIC COPIES OF MATERIALS PROTECTED BY COPYRIGHT WITHOUT THE PERMISSION OF THE OWNER
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
- ANY CLAIM BY ANY THIRD PARTY THAT THE USE OF THE NUSTONE.CO.UK SITE BY YOU IS DEFAMATORY, OFFENSIVE OR ABUSIVE, OR OF AN OBSCENE OR PORNOGRAPHIC NATURE, OR IS ILLEGAL OR CONSTITUTES A BREACH OF ANY APPLICABLE LAW, REGULATION OR CODE OF PRACTICE;
- ANY CLAIM BY ANY THIRD PARTY THAT THE USE OF THE NUSTONE.CO.UK SITE BY YOU INFRINGES THAT THIRD PARTY’S COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF WHATEVER NATURE; AND
- ANY FINES OR PENALTIES IMPOSED BY ANY REGULATORY, ADVERTISING OR TRADING BODY OR AUTHORITY IN CONNECTION WITH THE USE OF THE NUSTONE.CO.UK SITE BY YOU.
15. AVAILABILITY OF THE NUSTONE.CO.UK SITE
Although Nustone.co.uk aims to offer you the best service possible, Nustone.co.uk makes no promise that the services at the Nustone.co.uk site will meet your requirements. Nustone.co.uk cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to email at [email protected] and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Nustone.co.uk site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Nustone.co.uk will attempt to restore the service as soon as it reasonably can.
16. NUSTONE.CO.UK’S RIGHT TO SUSPEND OR CANCEL YOUR REGISTRATION
Nustone.co.uk may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Nustone.co.uk site.
The suspension or cancellation of your registration and your right to use the Nustone.co.uk site shall not affect either party’s rights or liabilities.
Paragraphs 11 and 15 of these Terms and Conditions shall survive cancellation.
17. NUSTONE.CO.UK’S LIABILITY
The Nustone.co.uk site is provided by Nustone.co.uk without any warranties or guarantees. You must bear the risks associated with the use of the Internet. The Nustone.co.uk site provides content from other Internet sites or resources and while Nustone.co.uk tries to ensure that material included on the Nustone.co.uk site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Nustone.co.uk will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Nustone.co.uk site. If Nustone.co.uk is informed of any inaccuracies in the material on the site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- INCOMPATIBILITY OF THE NUSTONE.CO.UK SITE WITH ANY OF YOUR EQUIPMENT, SOFTWARE OR TELECOMMUNICATIONS LINKS
- TECHNICAL PROBLEMS INCLUDING ERRORS OR INTERRUPTIONS OF THE NUSTONE.CO.UK SITE
- UNSUITABILITY, UNRELIABILITY OR INACCURACY OF THE NUSTONE.CO.UK SITE
- INADEQUACY OF THE NUSTONE.CO.UK SITE (TO MEET YOUR REQUIREMENTS)
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Nustone.co.uk site.
Nothing in these Terms and Conditions shall exclude Nustone.co.uk’s liability for personal injury or death caused by its negligence.
If any part of these terms and 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.
20. THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
21. INTELLECTUAL PROPERTY
The content of the Nustone.co.uk Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Nustone.co.uk site on a computer screen, or print one copy of such content for your own personal, noncommercial use, provided you keep intact all and any copyright and proprietary notices.
You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Nustone.co.uk site without written permission from Nustone.co.uk. No licence is granted to you in these Terms and Conditions to use any trade mark of Nustone.co.uk or its affiliated companies including, without limitation, the trade marks Nustone Products LTD and Nustone.co.uk.
22. 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.
23. ENTIRE AGREEMENT
You may not assign, sublicense or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect
If you breach these Terms and Conditions and Nustone.co.uk ignores this, Nustone.co.uk will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions. Nustone.co.uk shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control. A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act. The Nustone.co.uk site is owned and operated by Nustone Product LTD who can be contacted at Unit 20, Angora Business Park, Peartree Road, Colchester, Essex, CO3 0AB
If you have any queries please contact [email protected].
The email address provided upon placing your order may be used to keep you informed of special offers, promotions and news relating to Nustone products LTD and our products. Your details will never be shared with any third party companies.