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.
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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.