Stone Sales

Conditions of Sale

 

A 50% deposit is required upon acceptance of your quotation in order to secure your stone. All other balances must be collected prior to fabrication. In special circumstances, and at the Company’s discretion, the Stone will require to be paid up front and in full.

Unpaid balances are subject to late fees The Company reserves the right to charge interest on any outstanding or overdue payments at 3% above the UK base rate. All material remains the property of the Company until all outstanding balances are settled.

Payment for the goods shall in itself constitute as an acceptance of the Company’s Terms & Conditions and other specific terms of sale.

Any verbal communication between the customer and sales representative, template or installation personnel is non-binding. All communication must be done in writing, preferably by email.

If any changes are made to the cabinets and/or any other surfaces receiving Stone after the template is done, the Customer must notify the Company and a new template must be taken. Any and all return visits will incur a £150 surcharge and are to be paid in advance.

The Customer will be notified of any extra charges or discrepancies from the original quotation, following the templating phase.

Orders accepted and promises of delivery given are conditional upon our being able to secure the necessary materials and we are absolved from responsibility for delays arising from third-parties or other causes beyond our control.

Several of our ranges are ordered on an ad hoc basis from Spain and Italy. These orders can take multiple weeks to delivered to our warehouse.

No guarantee can be given that an item will remain in stock. We reserve the right to discontinue any product at any time and we shall be under no obligation to supply you with a discontinued product in the future. If you have already placed your order, we will notify you as soon as reasonably possible that the Goods are not available and offer you an alternative product if one is available or a full refund.

Any remnants, off cuts or cut-outs that are left over from the fabrication process are not included in the Customer’s quotation and as such the Customer cannot claim ownership. Additionally, material removed from sinks, cut-outs, stoves, radiuses etc. are not deducted from the total amount of material being charged.

 

Pricing, Quotations & Taxes

 

Quotes

 

All quotations whether sent out by letter, email or given by telephone, or set out in a catalogue, price list etc are for information only and are not to be considered as an offer by our company. Any order by a customer shall not constitute a contract between the customers and our company unless accepted in writing.

Customer’s receipt of an electronic or other form of order confirmation does not signify the Company’s acceptance of the Customer’s order, nor does it constitute confirmation of the Company’s offer to sell. 

The Company reserves the right at any time after receipt of Customer’s order to accept or decline the Customer’s order for reasonable cause including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, product suitability to project, and/or breach by Customer of this Agreement. If payment has been remitted for the purchase and the Company cancels Customer’s order, the Company shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.

We ask that you please check your quote thoroughly. Please check the quantity, product name, finish, and sizes of the products along with the shipping address. If there are any errors or changes, please email us immediately.

All measurements will be taken and priced from the widest and longest part of each section and subsequently rounded up to the nearest 10mm.

 

Pricing

 

Prices are subject to change at any time without prior notice.

In the event that a product is mistakenly listed at an incorrect price, the Company reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the Company shall issue a credit to your credit card account for the charged amount.

We reserve the right to increase the price of the Goods by giving notice to you prior to delivery to cover:

  • Any increase in the cost which is due to any factor beyond our control including, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increases in the costs of labour, materials, or other costs of manufacture;
  • Any change in delivery dates, quantities or specification of the Goods which are requested by you; or
  • Any delay caused by any failure by you to give us adequate information or instructions.

Taxes

 

Value Added Tax (VAT) is already included in the published prices. The Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges.

 

Material Considerations, Defects and Customer Acceptance

 

The Material

 

The Customer will be shown a sample of a typical piece of Stone. Due to the nature of Stone, there may be natural variations in colour and surface markings. No guarantee is given that the slab of stone will be an exact replica, in terms of colour and surface markings, to the initial sample. Stone will not be replaced due to these variations.

Colour blotches are intended and integrated into many designs to enhance the natural beauty. No two pieces are exactly alike and slabs regularly vary from one shipment to the other. The Company is not responsible for stone fissures or colour variations from one slab to another. 

Due to changes in lighting, a product may appear different in pictures than it does in real life. Computer monitors sometimes interpret colours differently.

The Company cannot guarantee the particular aesthetic requirements of every Customer with regards to stone or the positioning of veins. As such, it is heavily encouraged that the Customer views their slab and makes their preferences known at that time.

Stone can crack from settling of the house foundation, floor joists or cabinets. Additionally, stress crack can appear if too much weight is applied to the surface such as standing on the counters, etc. Stone expands & contracts throughout the year just as most items do. If items press against the stone while expanding, the pressure can cause cracking.

In the rare circumstance where a stress crack or fracture does appear, a steel rod can be embedded in the back of the stone to strengthen it. Any and all claims regarding repairs will be examined by our specialist stone masons to determine the cause. Should the issue not have been caused by a flaw in the material itself, but by an external factor (i.e. sinking units), the Customer will be charged for the repair.

The decision to mill down any material and subsequently how much material is removed, is solely at the Company’s discretion. All slab countertops will be polished on one side and sealed prior to installation, if required.

The Company reserves the right to refuse to fabricate using certain materials.

Most Quartz and Granite are covered by the manufacturer’s guarantee. Please refer to the manufacturer’s website or speak to us for more details.

 

Natural Stone

 

Natural Stone is characterised by mineral veins, fissures, divots, voids etc. and is a signature that it is a natural product. These can be dealt with to an industry standard, but no guarantees can be made that they will not be visible in the final product. These characteristics are not considered imperfections and the Company cannot be held liable for any repairs or replacement of countertops due to natural variations

Some materials, such as marble, are porous in nature and while highly resistant to staining and scratching can be subject to both and requires more caution and maintenance. In the case of marble, the Company does not recommend it for use in kitchens.

Quartzite is very dense and consists of many fissures (internal cracks/microcracks) throughout the stone. The Company will not fabricate or install a countertop with a structurally compromising fissure/crack in it. In some cases, fissures may appear to be cracked (open crack) but this is not the case. This is the nature of quartzite and the stone will be installed as is.

 

Partially Natural Stone

 

Quartz is durable and more resistant to surface damage than other stone. However, all stone can be damaged by force and no stone is chip-proof.

Variation in the colour, pattern, size, shape and shade of quartz is inherent and unique characteristics are to be expected with this product. This does not affect the product performance in any manner.

Quartz may not withstand the direct transfer of heat from pots and pans and other cooking units such as electric frying pans and griddles, and some crock-pots and roaster ovens and heat lamps. Therefore, the use of a hot pad or trivet is always recommended to prevent heating the product.

Defects

 

You cannot make a claim for any Defects in the Goods in the following cases:

  • if the Defect was brought to your attention on or before the time of sale;
  • if you inspected the Goods on or before the time of sale and the Defect or fault was or should have been readily noticeable;
  • if the Defect would have become apparent on inspection within a reasonable time from delivery and notice of the Defect has not been given to us within a reasonable time from when the Defect became apparent;
  • 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;
  • if you change your mind about wanting the Goods or if after purchase you decide that you do not like a cosmetic aspect of the Goods such as colour or shape that was clearly intrinsic to the Goods at the time of purchase;
  • if you chose the Goods yourself for a purpose which was neither obvious nor made known to us and you find the item unsuitable for that purpose; or
  • if the Defect is a result of fair wear and tear.

Acceptance of the Goods

 

Your acceptance of Goods can take place in four ways:

  • by telling us that you have accepted the Goods
  • by signing for the Goods at the time of delivery
  • by altering or customising the Goods in any way
  • by using the Goods or keeping the Goods longer than a reasonable time without telling us that you have rejected them.

Purchasing our product implies that you acknowledge that natural stones vary in pattern, texture, and colour. The actual stone delivered may differ from the sample or picture(s) shown. You also acknowledge that natural stone ordered at a later date may be more expensive and there is no guarantee it will match the original stone.

In the case of collection from our factory; risk passes to the Customer as soon as they have collected the Goods and you will then be responsible for them.

 

Templating, Fabrication & Installation

 

Templating

 

It is strongly recommended that the owner or responsible person is present at the time of templating and installation. Any questions, discrepancies or changes must be addressed and dealt with on or before the installation date. Certain important decisions can only be made by the homeowner or project manager, such as edge details, colour of joints, location of sink & tap positioning etc.

All cabinets and any other areas receiving Stone must be in-situ and installed before the date of templating. Should this not be the case, the Customer will incur an additional £150 rescheduling charge. It is the responsibility of the Customer to ensure the cabinets are ready to support the sink on the day of installation, even in the case that the sink has been purchased from the Company.

 

All cancellations for template or installation dates must be done at least 2 working days in advance to avoid this charge.

Please inform the Sales team in advance of any working restrictions such as parking, time, noise, gate, stairs, lifts, general access etc.

 

Fabrication

 

All counter tops will be seamed or jointed as the slab size allows. The Company is solely responsible for seam placement in countertops and backsplashes. Fewer seams may require more material and greater expense. Final discretion regarding the layout and placement of seams lies with the Company, due to yield and stone limitations.

The seam placement is at the discretion of the Company. Seams will be visible to the eye & touch. Every effort will be made to insure that the seam is placed in the best location for aesthetics and structural integrity. It is impossible to perfectly match colour or veining when seaming two pieces of granite together. Colour coordinated epoxy will be used to fill the seam to blend with the countertop. The location and number of seams is a function of manufacturing and installation.

In the event chipping occurs, the extent of chipping and the re-fabrication of any one piece is the sole discretion of the Company.

In the case of stone being cut to sizes supplied by the Customer and not confirmed by laser template; the Customer assumes full responsibility and is liable for the cost of the material itself plus the associated labour.

 

Installations

 

Installation dates are scheduled upon completion of the template and are generally scheduled within 2 weeks of templating. This time frame is not applicable to commercial projects and large scale installations.

In order to template and install, the Customer must ensure that all surfaces, tiles, splashbacks etc. that are not being kept, are removed. The counters and work area must be clear and ready for work to commence with electrical and water supplies available.

Cabinets, islands and all other surfaces supporting the Stone must be permanently installed, secured, parallel, straight and level. The Company does not assume any responsibility to rectify the surfaces and is not obligated to install the Stone in this case.

Installation crews consist of two persons. If it is required to send additional personnel, due to oversized pieces or difficulty of access to the property, the Company reserves the right to charge the Customer extra.

If the Customer is not present at the time of installation, the Company takes no responsibility and any changes that need to be made at a later date will be chargeable at the Customer’s expense.

Due to events beyond our control, i.e. traffic, weather etc., a precise arrival time cannot be set and 4-hour window of arrival will be given. In extenuating circumstances, the Company reserves the right to reschedule template or installation dates at very short notice.

The Company will not be expected to perform plumbing, cabinetry, joinery, electrical work or any other unrelated trades. The Company will not adjust, modify, or otherwise alter the work of other tradespersons.

No other trade should be scheduled to work in the same area on both the template and installation days. All return visits due to, but not limited to, site conditions, material alterations and preferences will be charged an additional £150 per visit.

Should the Customer not be present at the time of installation, he or she assumes all responsibility for the Stone and waives the right to make any claims pertaining to the installation or the material itself. The Company will not accept a third-party, such as a contractor, to act as the owner of the property unless express permission has been received from the Customer themselves.

During installation, it is not uncommon for dust to be created from the fitting process. The installation team will endeavour to keep the dust to a minimum, but it is the Customer’s responsibility to protect their belongings.

In situations where the Customer’s home is undergoing construction or remodelling after the date of installation. It is the Customer’s responsibility to protect the Stone to avoid any damage by other professionals on-site. Responsibility for the Stone will pass to the Customer upon installation. Any damage or loss caused by third-party persons, such as builders and tradespersons is the responsibility of the Customer.

The Company will ensure the installation of the Customer’s sink and drill the hole for the tap. Please be aware that we will only be able to cut standard diameter tap holes of 35mm. All plumbing thereafter is the Customer’s responsibility.

Voids and fillers surrounding the installed worktops are part of the normal fitting tolerances and cannot be accepted as a basis for complaint.

In any bathroom installations, all existing mirrors should be removed prior to installation. The Company will not be responsible for their removal or re-installation. If the Customer chooses not to removed them, the Company will not be responsible for any damage to them resulting from countertop installation.

If Material is left un-installed at the Customer’s request; the Company is absolved of all liability pertaining to damages.

 

Cancellations & Refunds

 

All orders for goods and services are final and are not subject to cancellation, modification and/or amendment without express consent and permission from the Company. Cancellations of orders will only be accepted if the Company has agreed in writing and on the condition that the Customer reimburses the Company of all costs, expenses, losses and damages resulting from the cancellation.

The restocking and templating fees that the Customer is liable for are expanded on below:

  • Before Cut and Before Template: Restocking charge of £150 per slab
  • Before Cut and After Template: Restocking charge of £150 per slab plus an additional £150 per template.
  • After Cut and Template: No cancellations or returns can be accepted at this time and the full amount requires to be settled.

Limits of Liability

 

All purchases are “as is”, “as available” and “with all faults”. The Company shall not be liable for any special or consequential damages arising from ownership, use, possession, or maintenance of any product by any person or otherwise.

The Company shall not assume responsibility, nor shall it be liable for a contractor’s work or the installation of any of its products. We will not be liable for lost working time or the cost of third party contactors. We cannot be held responsible for technical advice or product recommendations given or allegedly given to customers by our staff unless it is confirmed in writing. 

Time shall not be of the essence. The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or if any failure to perform, was due to any cause beyond the Company’s reasonable control i.e. Adverse Weather conditions, Fire or Accident, Strikes, Raw material availability, Power failure, breakdowns in vehicles or machinery.

The Company cannot, under any circumstances accept any financial demands from the Customer for late delivery, incorrect supply of goods, or incorrect delivery.

The Company makes no guarantees or warranties against grazing, scratching or wear on the stone surface or otherwise, and all products are sold subject to variation in colour, flow, grain, tonality, spotting, veining, shade and texture. The Company will make all efforts to strengthen any fissures with liquid epoxy and avoid them whenever possible.

The Customer releases Company from all liability for cracking or damaging of material due to settling of the subsurface and/or improper construction. Countertops must be installed on sturdy level cabinets.

The Company will not be responsible for re-fabrication of a worktop due to other people damaging the material.

The Company shall not be responsible for damage and/or defects caused by the Buyer’s misuse and/or malfeasance, misfeasance and/or nonfeasance in the use and care of the goods.

The Company will not be responsible for other items/factors within/around the work area/job-site that may cause damage to the countertops after installation sign-off.

 

Indemnity

 

Customer agrees to indemnify, defend and hold harmless Stone Features Direct Ltd. (trading as Rocca) and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions of Sale or the documents they incorporate by reference, or Customer’s violation of any law or the rights of a third-par

Tile Sales

Conditions of Sale

All balances are to be settled prior to the order being placed with the supplier or distributor. Orders accepted and promises of delivery given are conditional upon our being able to secure the necessary materials and we are absolved from responsibility for delays arising from third-parties or other causes beyond our control.

Payment for the goods shall in itself constitute as an acceptance of the Company’s Terms & Conditions and other specific terms of sale.

We ask that you please check your quote thoroughly. Please check the quantity, product name, finish, and sizes of the products along with the shipping address. If there are any errors or changes, please email us immediately. The order processed is what you confirm back to be correct. Please note that changes cannot be made once your order has shipped.

All calculations of square meterage or number of tiles required are the customers responsibility. Rocca can provide an estimate, but cannot be held liable if there is either an insufficient number of tiles or an excess thereof. The final responsibility lies with the customer. As is often the case, the tiler will appraise the space and provide exact measurements, accounting for their own wastage. We recommend that each order include a minimum of 10% overage on any tile product. For tiles 60x120cm and larger, a wastage & breakage factor of 20% is recommended.

Several of our ranges are ordered on an ad hoc basis from Spain and Italy. These orders can take multiple weeks to delivered to our warehouse. Tile formats over a certain size incur additional shipping charges as they are out-with a standard EU pallet size.

A sufficient quantity of material should be purchased at any one time. No guarantee can be given that an item will remain in stock. Whilst we try to maintain continuity of supply in relation to our product lines, we reserve the right to discontinue any product at any time and we shall be under no obligation to supply you with a discontinued product in the future. If you have already placed your order, we will notify you as soon as reasonably possible that the Goods are not available and offer you an alternative product if one is available or a full refund.

Please note that the Company does not tile, nor do they have any tiler employed. Whilst we try our best to recommend quality tilers, we cannot be responsible for their actions as they are self-employed. We recommend that you plan and give ample time for the order to be delivered before your scheduled installation.

Please note that we sometimes provide extra and/or damaged extra tiles to you free of charge which may be of use to you.

Pricing, Quotations & Taxes

Quotes:

 

All quotations whether sent out by letter, email or given by telephone, or set out in a catalogue, price list etc are for information only and are not to be considered as an offer by our company. Any order by a customer shall not constitute a contract between the customers and our company unless accepted in writing.

Customer’s receipt of an electronic or other form of order confirmation does not signify the Company’s acceptance of the Customer’s order, nor does it constitute confirmation of the Company’s offer to sell.  

The Company reserves the right at any time after receipt of Customer’s order to accept or decline the Customer’s order for reasonable cause including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, product suitability to project, and/or breach by Customer of this Agreement. If payment has been remitted for the purchase and the Company cancels Customer’s order, the Company shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.

If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Carrier, the Company shall have the right to refuse, adjust, or cancel any orders placed whether or not the order has been confirmed or whether or not payment has been remitted.

Pricing and Descriptions:

 

Prices are subject to change at any time without prior notice.

In the event that a product is mistakenly listed at an incorrect price, the Company reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the Company shall issue a credit to your credit card account for the charged amount.

We reserve the right to increase the price of the Goods by giving notice to you prior to delivery to cover:

  • Any increase in the cost which is due to any factor beyond our control including, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increases in the costs of labour, materials, or other costs of manufacture;
  • Any change in delivery dates, quantities or specification of the Goods which are requested by you; or
  • Any delay caused by any failure by you to give us adequate information or instructions, but if you do not wish to pay the higher price, you may cancel your order and claim a full refund.

Whilst we try to ensure that all descriptions and prices are accurate and are kept up to date, errors may occur. If we discover an error in the price or description of the Goods you have ordered, we will let you know as soon as reasonably possible. We will then offer you the option of reconfirming your order or cancelling it in exchange for a full refund.

Taxes:

 

Value Added Tax (VAT) is already included in the published prices. The Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges.

Material, Considerations and Acceptance

Variations & Finishes:

 

Some variations in size, shape, manufacturing tolerance, shading and pattern are inherent in the manufacture of tiles and therefore the Company accepts no liability. Tiles are produced from natural products, and it is quite normal for variations to occur even within one batch.

No claims for colour or shade variation, size variation or any other product defect will be entertained after tiles have been fixed. 

Sometimes during the production process, dust and residue may lie on the surface of the tile, simply clean the tiles prior to installation.

Damage & Defects

 

Many of the products that we ship are fragile by nature. Depending on the size of the order, one to five fully broken tiles on a pallet does not constitute substantial damage and thus we cannot compensate for these small quantities of breakage. Furthermore, it is not unusual to have 2% – 5% of the tile order broken to some degree (e.g. chipped edges, scratches). Scratched or slightly damaged tiles can still be installed when cut. The damaged part of the tile can then be discarded.

We request that the customer orders sufficient quantities to allow for this possibility. For smaller tiles, the recommended minimum is 10% extra; for tile sizes 60×120 and over, the recommended minimum is 20% wastage and breakage.

You cannot make a claim for any Defects in the Goods in the following cases:

  • if the Defect was brought to your attention on or before the time of sale;
  • if you inspected the Goods on or before the time of sale and the Defect or fault was or should have been readily noticeable;
  • if the Defect would have become apparent on inspection within a reasonable time from delivery and notice of the Defect has not been given to us within a reasonable time from when the Defect became apparent;
  • 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;
  • if you change your mind about wanting the Goods or if after purchase you decide that you do not like a cosmetic aspect of the Goods such as colour or shape that was clearly intrinsic to the Goods at the time of purchase;
  • if you chose the Goods yourself for a purpose which was neither obvious nor made known to us and you find the item unsuitable for that purpose; or
  • if the Defect is a result of fair wear and tear.
  •  

Acceptance of the Goods

 

Your acceptance of Goods can take place in four ways:

  • by telling us that you have accepted the Goods
  • by signing for the Goods at the time of delivery
  • by altering or customising the Goods in any way
  • by using the Goods or keeping the Goods longer than a reasonable time without telling us that you have rejected them.
  •  

Tiling Considerations

 

The supply of goods does not mean that they are suitable for a specific installation. The Company can only be held responsible for any failure against products supplied, to the extent that the manufacturer of such products is prepared to guarantee the same. No tiles are guaranteed against crazing.

Wherever a significant area is to be tiled, it is the responsibility of the Tiler or Tradesperson to use where possible, goods from a variety of separate boxes to ensure that any batch, colour, shading and quality variances are minimized.

As a general rule do not use ready mixed adhesives on tiles larger than 300x300mm or impervious tiles such as porcelain.

Based on the wall substrate, there exists a maximum recommended tiling weight per m2. As outlined below:

  • Gypsum plaster – 20kg/ m2
  • Gypsum plasterboard direct (without plaster skim) – 32kg/m2
  • Wood-based  Sheets – 30kg/m2
  • Foam-cored tile-backing boards – 60kg/m2
  • Fibre cement Boards – 60kg/m2
  • Gypsum fibre boards – 35 to 40kg/m2

Where tiles are fixed over under floor heating mats, the heating mats should not be switched on for a minimum of 7 days after installation to allow the tile adhesive to fully dry. After this has occurred the temperature of the mats should be set at a no more than 16 degrees and increased by no more than 2 degrees each day until the normal desired temperature is reached. We cannot any accept claims if this guidance is not followed.

Claims for damage caused by lack of compliance to our fitting, sealing and maintenance recommendations will not be accepted.

When tiling with natural stone tiles (i.e limestone, slate, marble, sandstone etc.), an impregnating sealant must also used. This prevents fading and staining. Two coatings of the sealant should be applied; one coat prior to installation and then another once the tiles have been installed and grouted. It is recommended that a light-coloured grout is used, as dark or bright colours can stain the natural pores of the stone. Similarly, masking tape should not be used on the tile surface.

With regards to maintenance of natural stone tiles, avoid using:

  • bleach-based cleaners
  • washing-up liquids
  • degreasing agents
  • steam-cleaners

Ideally, clean the surface of the tile with a ph-neutral product or a specialised cleaning fluid.

Shipping, Delivery and Receipt

Delivery Information & Requirements

 

The Company utilises a shipping and delivery service from a number of outsourced haulage companies. We are not responsible for or have no control over the way these companies conduct their business. The transport process of all goods can be complicated, so things can go wrong.

We do not make a profit from shipments or deliveries. You can always arrange collection from our warehouse using your own transport company or in person.

Tiles will be on a pallet and delivered to the ground level edge of your property (curb-side). Due to insurance and health and safety regulations the driver will be unable assist in transporting the  Goods into the Customer’s property.

It is Customer’s responsibility to provide accurate contact information that allows the shipping company to contact the Customer when a shipment is made. Additional storage and/or shipping charges and other warehouse charges may apply if Customer cannot be contacted, or is not available, to receive the product; or if the product is redirected upon Customer’s request.

Where you require delivery to be made, we may require you to pay a charge for the delivery of the Goods in addition to the price. An extra charge will be made to cover the cost of special carriage when necessary.

We shall endeavour to have the Goods delivered to the Delivery Address on the Delivery Date, but time for delivery is not of the essence in this Agreement. We often use an independent delivery company for which we are not responsible, so we cannot guarantee delivery times.

Notwithstanding that prices are carriage paid, no responsibility will be accepted by the Company under any circumstances for goods damaged in transit, breakages, pilfering or shortages.

The Company shall not be responsible for delivery delays caused by the shipping carrier, weather, pandemic, acts of God, acts of war, strikes, accidents, border/custom delays, traffic, force majeure, natural catastrophes, or other delays which are beyond the exclusive control of the Company.

Your Rights & Responsibilities on Delivery including Inspection

The Customer is responsible for inspecting incoming freight for shortages or signs of damage, within 24-48 hours of delivery.

It is the Company’s expectation that the Customer or their representative, will be available to sign for the goods at the point of delivery. Risk passes to the Customer as soon as you sign for the Goods, and you will then be responsible for them.

 If goods are delivered without a signature, the responsibility of the goods is that of the Customer. No claims will be accepted for loss or damage.

Customer signatures on delivery notes accompanied by remarks such as “unchecked” or “unexamined” or similar will not be binding by the Company. Goods must be signed for as “damaged” if Goods arrive damaged.

If the Goods do not conform to your order, or if they are substantially damaged you should reject them on delivery and inform the Company. Please be reasonable, 1 to 5 tiles broken on a pallet is not substantial damage. If a pallet is refused because of a small amount of damage the customer will be charged for delivery to them and delivery back to us.

Should a ‘short delivery’ (of less than the full quantity of Goods ordered) have been made, you must notify us within a reasonable time of discovery of the short delivery and we will make good the shortage. 

Customer should not refuse a shipment without good reason (i.e.wrong delivery or significant breakages). In the event a shipment is refused without good reason, the order will incur additional shipping charges that the customer will be responsible for paying. Refused shipments are subject to return shipping costs and 15% restocking fee. 

If delivery is refused and the Customer does not notify the Company accordingly, the Company shall have no liability for such defect or failure and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

Collection from Store

 

We aim to have your order available for collection from our showroom within 3 working days (72 hours) of us receiving it from the shipping company. This time allows us to assess the possible breakages caused during transit. We will notify you once your order is ready for collection by either telephone or email.

We take care to ensure that all of the Goods pass through our warehouse without breakages. Deliveries made to the warehouse are to be collected promptly by the Customer. Goods that have not been collected, after a period of time that the Company deems reasonable, are subject to additional storage charges.

Risk passes to the Customer as soon as you have collected the Goods and you will then be responsible for them.

Cancellations, Refunds & Returns

No goods can be returned unless agreed to by Management in writing. No returns will be accepted for leftover material after installation.

In-Stock

 

Returns would have to be in a re-saleable condition, in its full original carton/box and the range is still for sale. If the goods are not in a re-saleable condition when they arrive back with us, the Company reserves the right to amend the amount of the refund based on the value of re-saleable goods.

There will be a restocking charge of 30% of the goods returned; additionally, costs will need to be deducted for the delivery.

The Customer will be responsible for organising the return of the goods to our warehouse return centre. The refund will be processed within 3-5 working days following our receipt of the re-saleable items.

If the Customer wishes to cancel an in-stock order, there will be a 10% handling fee deducted from the refund.

Special Orders

 

Special Order items coming from abroad (i.e- Italy or Spain) cannot be cancelled. We will not accept cancellations or returns on an item coming from abroad, we will have made you aware of this before placing your order. Cancellation of Special Order from Abroad items cannot be accepted once the goods have already been despatched by the manufacturer or supplier. This item will be ordered in especially for you and therefore under no circumstances can it be cancelled or returned.

Returns of non-stock UK held Special Order items is at the Company’s discretion. If the company agrees to accept return of ‘non-stock goods’ ordered, the Customer must return complete boxes to the Company with 7 days of receipt of order. Non-stock-items carry a 25% re-stocking charge.

Limits of Liability

Product

 

The Company does not warranty any product for any specific use or installation procedure or maintenance practice. Upon purchasing or installing or using any product, the Customer waives all claims relating to the product, including (but not limited to) all claims relating to express warranties and/or statutory or implied warranties, including the implied warranty of merchantability and all implied warranties of fitness and warranties against hidden or latent defects.

The Company disclaims all such warranties. All purchases are “as is”, “as available” and “with all faults”. The Company shall not be liable for any special or consequential damages arising from ownership, use, possession, or maintenance of any product by any person or otherwise.

Installation

 

The Company accepts no liability for the faulty installation of its products. In the case of any claim relating to the tiles themselves, the Company’s liability, to the extent permitted by law, is limited to either the replacement of the product or a refund at the cost of the product and does not extend to cover any consequential loss. Claims must be reported within 48 hours of receipt of the tiles. The company warrants that its tiles conform to their description and are fit for their purpose. The Company makes no other express or implied warranty as to fitness or suitability of the products for particular installations. We extend no guarantees, express or implied as to wear resistance or maintenance procedures.

The Company will not be responsible for material that has been used in any way, cut or installed. Please express any concern you have before cutting or installing the material as we cannot offer a return on products that have already been used or altered. We hold no responsibility for materials that are installed even where the tiles are incorrect, damaged or for any other reason unacceptable. The Company will not pay for or perform any installation under any of the circumstances outlined above.

The Company shall not assume responsibility, nor shall it be liable for a contractor’s work or the installation of any of its products. We will not be liable for lost working time or the cost of third party contactors. We cannot be held responsible for technical advice or product recommendations given or allegedly given to customers by our staff unless it is confirmed in writing. 

Delivery of Goods

 

Time shall not be of the essence. The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or if any failure to perform, was due to any cause beyond the Companies reasonable control i.e. Adverse Weather conditions, Fire or Accident, Strikes, Raw material availability, Power failure, breakdowns in vehicles or machinery.

No responsibility will be accepted by the Company under any circumstances for goods damaged in transit, breakages, pilfering, shortages, or delays in transit.

The Company cannot, under any circumstances accept any financial demands from the Customer for late delivery, incorrect supply of goods, or incorrect delivery. The Company respectfully recommends that the Customer does not book a Tiler or Tradesman, until the goods have been delivered to the desired location, signed for and quality checked. The risk in relation to the goods passes to the Buyer at the point of physical delivery, at the time of delivery.

Indemnity

Customer agrees to indemnify, defend and hold harmless Stone Features Direct Ltd. (trading as Rocca) and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions of Sale or the documents they incorporate by reference, or Customer’s violation of any law or the rights of a third-party.