Terms & Conditions

Definitions

MyStoneFloor.com (Quorn Stone) – Terms and Conditions

 

“Agreement” means the agreement by which you agree to purchase and we agree to sell the goods.

“Seller” means Quorn Country Tiles Limited (incorporated in England and Wales under company number:5361505) whose registered office is at The Gables, Bishop Meadow Road, Loughborough, Leicestershire, LE11 5RE. VAT No. GB657798855. Telephone Number: 01509 416557, Email: sales@mystonefloor.com.

“Purchaser” means any customer purchasing goods from the seller.

“Delivery Address” means the address at which we agree to deliver the goods.

“Goods” means the goods we agree to provide you on these terms.

“Delivery Date” means the date on which we agree to deliver the goods to the delivery address.

“Total Price” means the price for goods and any delivery costs inclusive of VAT.

Order & Sale

1. Order & Sale

1.1 Any order received by the seller from the purchaser shall be accepted entirely at the discretion of the seller, and if so accepted, will only be accepted upon these conditions (hereinafter referred to as “the Conditions”).

1.2 Each order which is so accepted shall constitute an individual legally binding contract between the seller and the purchaser and such contract is hereinafter referred to in these conditions as “an Order”.

1.3 Online, the sellers accepts an order when the products are despatched to purchaser or the purchaser collects them. Until then the seller have the right to cancel for any reason and refund the total cost of the order to the purchaser.

1.4 Products which are not standard and therefore specifically ordered for you or fabricated for you must be paid for in full before the order/fabrication is processed and cannot be cancelled after the order/fabrication has started.

Applicable Terms, Conditions and Representation

2. Applicable terms, conditions and representations

2.1 These terms are the express terms and conditions governing the agreement.

2.2 There cannot be variation or change to anything in this agreement unless it is agreed in writing and signed by both the purchaser and the seller.

2.3 It is the purchasers responsibility to check that all details relating to the order are correct and to provide the seller with all relevant information relating to the environment in which the goods are intended to be used for and their delivery.

2.4 It is the purchasers responsibility to check their measurements carefully. An order should always include the sellers recommended wastage percentage (usually 10%), to allow for wastage to cover cutting, minor imperfections, as could be expected with the type of stone and finish ordered and breakage. If the purchaser does not order enough, subsequent goods (as they are a naturally occurring product or product produced in batches) may not be exactly the same as the original goods.

2.5 The seller can provide estimates of quantities of goods but this will be based on general guidelines and the measurements which the purchaser have supplied. It is the purchasers responsibility to provide accurate measurements to ensure the correct quantities of goods are ordered. The seller will not be responsible for any shortfalls or surpluses as a result of the purchaser ordering the incorrect quantity.

2.6 As the seller has not carried out a survey or inspection of the installation site of the goods, we cannot give any warranty as to the suitability of the goods for that, or any other given environment. If you are acting other than as a purchaser, you cannot rely on any implied or express representation, advice or information given to you by the seller that is not incorporated into the agreement and signed by both.

2.7 The seller cannot be held responsible for circumstances beyond reasonable control. This may include (without limitation) shortfalls at source, natural disasters, global pandemics and restraints or delays affecting suppliers or transportation to the seller. The seller will endeavour to notify the purchaser as soon as possible should these problems occur.

Price of Goods

3. Price Of The Goods

3.1 The price of the goods refers to the current published price list on the seller’s website or, if different, the priced contained within any promotional pricelist or quotation at the date of acceptance of the order.

3.2 All prices contained within the seller’s quotation are valid for 30 days only from the date shown on the quotation or until earlier acceptance by the Purchaser.

3.3 All published prices are inclusive of VAT & exclusive of delivery charges. Delivery charges shall be separately itemised on the seller’s quotation.

3.4 The seller reserves the right to change the prices of products by giving the purchaser notice at any time before delivery due to reasons such as (not limited to) fluctuating exchange rates, alteration of duties, increase to cost of materials. If the seller changes the price and the purchaser is not happy, the purchaser is able to cancel the order.

3.5 Whilst the seller aims to ensure that all prices are accurate, errors may occur. If the seller discovers an error in the price of goods the purchaser have ordered, the seller will inform the purchaser as soon as possible to give the purchaser the option of reconfirming their order at the correct price, or cancelling it. If the seller is unable to contact the purchaser, the seller will treat the order as cancelled. If the seller takes the action to cancel the order, for standard stock items and the purchaser has already paid for the goods, the purchaser will receive a full refund.

3.6 The sellers minimum order quantity is 10m2.

Description & Samples

5. Description And Samples

5.1 All natural materials supplied by the seller are subject to natural and geological variations in markings, colour, texture, composition and between consignments. All porcelain goods will be subject to variation between batches in terms of colour, texture and size. The sample received may not be the same batch as the order received.

5.2 All samples of goods, photos and descriptions are for the purpose of giving an approximate representation of the goods only. Images and descriptions used instore or online are to help illustrate the use of the sellers products. Printed material and computer displays may not accurately show colours, textures or finishes. The seller recommends that the purchaser visits a store and/or the warehouse prior to purchase.

5.3 Naturally, products may be porous, subject to veining, prone to staining, prone to pitting, prone to scratching and/or prone to change their appearance and/or performance over time.

5.4 All orders are sourced and sold as first quality material unless otherwise stated. Blend products are commercial grade.

Payment

6. Payment

6.1 A 50% deposit of the total order value received by the seller, from the purchaser, will secure an order for the purchaser.

6.2 The seller does not accept cash, American Express or cheques. All orders can be paid via BACS or debit/credit card only.

6.3 All orders must be paid in full and funds cleared before goods can be dispatched.

6.4 Bespoke orders must be paid in full before production can begin, at which time, bespoke orders can not be cancelled and are non-refundable. These include but are not limited to our French collection of limestone, skirting, bullnose goods and non-stock items.

6.5 Orders secured by the purchaser via payment in full or deposit are entitled to 6 weeks storage in sellers warehouse free of charge from the date the order was secured, or, for bespoke orders, the day the goods arrived in the sellers warehouse after which point the seller reserves the right to charge a storage fee of £5.00 per crate per week.

6.6 Orders will not be prepared and packaged nor delivery arranged until payment in full has been received and cleared.

6.7 Seller reserves the right of 7 working days to prepare and dispatch an order and accepts no financial liability for outcomes any delay may cause.

Delivery And Collection

7. Delivery And Collection

7.1 Goods will be delivered by 18 tonne lorry to the address provided by the purchaser and will be arranged as standard 48/72 hr kerbside deliveries unless stated otherwise. The driver will not handle the goods further.

7.2 If, due to prior notification from the purchaser, that a smaller vehicle or specialist vehicle is required to complete the delivery, the seller reserves the right to charge the purchaser for the additional costs involved.

7.3 The seller uses an independent delivery company and as such cannot guarantee delivery times.

7.4 The seller strongly advises the purchaser to have goods delivered to site 7 days prior to installation. This allows sufficient time for the purchaser to unpack the order, check the order and allow the goods to acclimatise. The purchaser acknowledges that natural stone can arrive wet and will need sufficient time to dry prior to installation.

7.5 Purchaser agrees to have read sellers delivery information as stated on sellers website and delivery information sheets. Seller should be notified of any access restrictions so suitable arrangements can be made. If delivery is unsuccessful due to either:-
(i) An inaccurate or incomplete delivery address;
(ii) No responsible adult being present to accept delivery; or
(iii) Inaccessibility;
or any other reason that was forewarned and clearly expressed in the sellers delivery literature, all future delivery attempts and subsequent charges will be the sole responsibility of the purchaser.

7.5.1 Goods are considered delivered once unloaded to kerbside and signed at which point seller assumes no responsibility for loss, theft or damage of goods

7.5.2 No responsibility for damage to goods can be accepted once goods have been signed and collected by purchaser or their representative from our warehouse

7.6 Any noticeable damage to either packaging or goods should be noted on signed delivery sheet and photographic evidence taken to aid any insurance claims and the purchaser notified within 48 hours of delivery.

7.7 The seller holds no financial liability for any costs arising due to delayed goods or services nor from the actions of independent transport companies.

7.8 Purchaser holds responsibility for any re-delivery charges if they have not paid in full before collection, as agreed with seller.

7.9 The purchaser may only collect goods from our Leicestershire warehouse by prior arrangement and only in a vehicle capable of being fork-lift loaded (unless otherwise agreed in writing). If the purchaser arranges transportation of the goods, it is at their own risk and we will not accept claims for damage or breakages.

Risk & Property

8. Risk And Property

8.1 The ownership of the goods will not pass to the purchaser until the seller has received payment of the total quoted price in full in cleared funds.

8.2 The risk of, for example breakage, loss and damage in the goods will pass from the seller to the purchaser on completion of delivery or at the point of collection.

Unpacking & Storing

9. Unpacking, stacking and storing

9.1 Following delivery, all goods should be unpacked and stored inside. In addition any fixing materials need to be stored at the correct temperature to ensure their suitability for use.

9.2 Care needs to be taken when unpacking the the goods. The goods can be brittle prior to installation. When removing tiles from the crate, the seller recommends stacking vertically against the wall protecting both wall and floor with cardboard or similar to prevent unnecessary chipping. The goods should be stacked face-to-face and back-to-back to avoid unnecessary scratching.

Examination & Acceptance

10. Examination And Acceptance

10.1 The seller takes the upmost care to ensure all goods leave the warehouse in perfect condition. If there is any obvious damage to the goods, the purchaser is asked to make a note of the damage on the delivery note. If the goods are deemed and proven to be damaged (above 5%) on delivery, by way of documentary evidence such as a photograph, the seller will bear the cost of re-delivery and replacement goods.

10.2 Under clause 2.4, the seller will not replace damaged or defective stone representing 5% or less of a total order.

10.3 The purchaser must inspect the goods on delivery or collection, against the delivery note attached to ensure they are the correct type, of satisfactory quality, undamaged and the correct amount and if they are not, the seller must be notified within 48 hours of delivery or collection for correction, replacement or refund of all or part of the price. The seller reserves the right to request documentary evidence such as photograph in support of the purchasers statement. Any notifications of damages or incorrect quantities after this period will be invalid under clause 8.2.

10.4 If for any reason the seller deliver a part order with a balance to follow, the seller strongly recommends that no tiles are fixed until the order is complete.

10.5  Each tile should be carefully examined individually before fixing. Fixing of the tiles constitutes acceptance of their quality. The seller accepts no liability for faulty installation work, or the quality or correctness of the tiles once fixed. As far as the law permits, liability is limited to replacement of faulty items or a refund of their cost and excludes any consequential loss, including the cost of removal and re fixing.

10.6 The seller respectfully recommends that the purchaser does not book an installer, until the goods have been delivered to the desired location, signed for and quality checked.

Cancellation

11. Right of Cancellation 

11.1 If the purchaser decides to cancel the order prior to despatch, a full refund for the goods and original delivery charge will be issued. Any bespoke orders cannot be cancelled.

11.2 If the purchaser cancels the order after despatch, but before physical delivery, the purchaser will be expected to accept delivery of the goods and take responsibility for the return of the goods to the seller. A refund (excluding original delivery charge, subsequent collection charge and 15% re-stocking fee) will be issued for the goods once the goods have been received and inspected by the seller, as being in a resalable condition. The seller will not accept under any circumstances the cost for delivering, or re-packaging of the goods.

11.3 The purchaser can within 7 (seven) working days of receipt, cancel their order. Cancellations should be made in writing, by email to sales@mystonefloor.com. The purchaser does not need to give a reason, however, a brief outlined explanation will help us to improve our customer service in the future.

11.4 The goods must arrive in a resaleable condition, therefore the purchaser, before returning the goods must ensure that the packaging is suitable for the safe return of the product. The cost for any additional packaging will be the responsibility of the purchaser.

11.5  If the original packaging has been opened or is deemed by the seller to require improvement, to allow the safe return of the goods, it is the responsibility of the purchaser to complete a re-packing exercise, at their cost. The seller will not accept any costs for the re-packing of goods, in any circumstances.

11.7 Goods must be returned to the seller in their entirety by the purchaser in the same packaging and condition. The purchaser needs to ensure the goods are packaged securely for transit. The purchaser should stack tiles in their crate vertically face-to-face and back-to back, the crate needs to be secured with strapping or supports to ensure the tiles are stable and cannot move during transit. The seller requires photographic evidence of this prior to collection of goods.

11.8 The purchaser has a duty of care during the period of cancellation to ensure that the goods are returned to the seller in the condition in which they were delivered. The seller reserves the right to charge for any damages caused by failure to carry out the purchasers duty of care.

11.9 Refunds for cancellations will only be processed once the goods have arrived with the seller and have been fully inspected and deemed to be in a resalable condition. The seller reserves the right to amend the amount refunded based on the value of the resalable goods.

11.10 All delivery charges are non-refundable. Collection costs, re-stocking fees and any other costs incurred by the seller will be deducted from the total refund.

11.11 Refunds will be made within 10 working days of receiving the returned goods subject to clause 11.4 and 11.5. All refunds will be made to the original payment method only.

11.12 Due to the non-homogenous nature of the product, the seller can only accept cancellations in full quantity of the order.

11.13 After 7 (seven) working days from delivery, if the purchaser wishes to cancel the order, this action will be considered to be a ‘Return’ and be covered by our Returns Policy – see below.

Returns Policy

12. Returns Policy

12.1 It is the purchasers responsibility to inspect the goods on delivery or collection, against the delivery note attached to ensure they are the correct type, of satisfactory quality, undamaged and the correct amount and if they are not, the seller must be notified within 48 hours of delivery or collection for correction, replacement or refund of all or part of the price

12.2 Damages / Incorrect Delivery – If the purchaser receives damages (over 5%) or incorrect goods within their order, the purchaser will need to inform the seller within 2 working days of the delivery. The seller will either refund the purchaser or send replacements as quickly as possible. Please note the purchaser may be asked to provide images where relevant. If the fault with the order proves to be an error of the seller, the seller will bear the cost of re-delivery of replacement goods and collection of the original goods. If the fault with the order proves to be an error on the purchasers behalf, the purchaser will be required to bear the cost of redelivery of replacement goods, collection of the original goods and (if applicable) a restocking fee of the original goods.

12.3 Shortfall – If an incorrect amount of the goods are delivered the purchaser should notify the seller as soon as possible (within 48 hours of delivery). The seller will arrange to deliver or make available (as appropriate) the correct quantity of goods. If this proves to be an error on the sellers part, the seller will bear the cost of delivery of the balance of  the goods. If the error proves to be an error on the purchasers part, the purchaser will bear the cost of delivery of the balance of the order and acknowledges the balance order may have to come from a different batch subject to stocks.

12.4 Change of Choice – The purchaser will have the right to return goods if they are not happy with their selection. The goods must be returned in the original packaging to our Leicestershire warehouse – see clause 12.7. This must be done within 14 days of receiving the order and the purchases is liable for all collection costs and restocking fee. Refunds will be processed within 10 working days following receipt of the return; original delivery costs will not be refunded.

12.4.1  Surplus – Due to the non-homogenous nature of the goods, the seller cannot accept part returns of an order.

12.5 The purchaser has a duty of care during the period of cancellation to ensure that the goods are returned to the seller in the condition in which they were delivered. The seller reserves the right to charge for any damages caused by failure to carry out the purchasers duty of care.

12.6 Goods must be returned to the seller in their entirety by the purchaser in the same packaging and condition. The purchaser needs to ensure the goods are packaged securely for transit. The purchaser should stack tiles in their crate vertically face-to-face and back-to back, the crate needs to be secured with strapping or supports to ensure the tiles are stable and cannot move during transit. The seller requires photographic evidence of this prior to collection of goods.

12.7 Goods cannot be returned that are specifically made for the purchaser (unless damaged), have been installed, laid or used.

Fixing Goods & Installation

12. Fixing Products & Installation

12.1 The seller does not offer an installation service and it is the purchasers responsibility to ensure a professional fitter is carrying out the installation. The seller strongly recommends the purchaser to take up independent references.

12.2 Each tile should be carefully examined individually before fixing. Fixing of the tiles constitutes acceptance of their quality. The seller accepts no liability for faulty installation work, or the quality or correctness of the tiles once fixed. As far as the law permits, liability is limited to replacement of faulty items or a refund of their cost and excludes any consequential loss, including the cost of removal and re fixing.

12.3 Any advice given by the seller or staff relating to fixing products and installation is given in good faith but should be used as a general guide only as the seller has not carried out a survey of the place of installation of the goods and cannot therefore be sure our advice is correct. It is the purchasers responsibility to purchase the correct fixing products and sealants for the environment in which (and in particular the surface upon which) the goods will be installed. The seller recommends the purchaser to take advice from a professional installer.

12.4 Every care should be taken when using cleaning/maintenance products to ensure that they are appropriate for the product and location involved. The purchaser is requested to refer to the manufacturer’s website and to fully read and adhere to the manufacturer’s usage and application guideline instructions before use. Additionally, it is recommended that the purchaser  should apply a small sample to a test area to ensure suitability, before proceeding with the main project.

12.5 The seller can not be responsible for the manner of installation of the goods or for the damage caused during or arising out of installation.

12.6 It is the responsibility of the  installer to use where possible, goods from a variety of boxes or cates to ensure that an even blend of tones can be achieved. It is not advised to work from one crate or box at any one time.

 

 

 

Privacy Policy

13. Privacy Policy

As of the 25th May 2018 our Privacy Policy has updated to be in compliance with GDPR. We are committed to your privacy and will always be transparent with how we store and use your data.

13.1 How we collect your data

When you order samples from us, place an online order, make an enquiry or order over the phone we have a secure system that stores the details you have given.

13.2 Why we collect your data

We collect your data for sending out samples, giving quotations and advice, delivering goods and providing the best overall customer experience – including sending out newsletters and promotions. When ordering a sample or placing an order online you have the option to opt in or out of our mailing list.

13.3 When we’ll share your data

We never sell or share your data to third parties. We only ever share your data with our trusted transport companies when you place an order with us, so that we can deliver your goods. We will always ask first if we are needed to share any information otherwise.

13.4 As a company, we attain customer data through many different channels such as a visit to our showroom to ordering a sample online. With this in mind, we have full explanations on each potential stage that you are required to provide your contact information and how we store and use your data…

13.5 Requesting a sample

When you request a sample, you are required to provide a delivery address and contact details. This is so we can send out the samples to you. All our free hand samples are sent via Royal Mail. Your contact details when requesting a sample are never shared with third parties except for postage labels with Royal Mail.

We also ask you a few questions such as the approximate m2 needed, how you heard about us and if you would like to receive our newsletter. This information is never shared with third parties and is kept on a database purely for in-house analysis to improve customer experience and to help us understand our audience better.

13.6 Enquiring for information

When you call up, use our online chat or contact form for any enquiries and information, we will request a name, contact number and email. This can also be the case when visiting our showrooms. Often this is so we can provide further information, quotations and give the best customer experience. We will sometimes ask you for a postcode to quote delivery costs. Your data collected from your enquiry is only ever used for follow-up and is never shared with any third parties.

13.7 Placing an order

Whether you place an order using our online shopping cart or over the phone with one of our team. To process the order, we require a few details from you such as name, delivery details, an email and contact number. This data is stored on our secure system and will be used for producing sales orders, an order receipt sent only to the customer, arranging delivery and contacting for any further communication needed.

We only ever share your delivery details, name and contact number with our representative transport company in order for you to receive your goods. We have a few transport companies we work closely with that can be trusted with this information and your confidentiality.

13.8 Our updated Privacy Policy will automatically come into effect for our existing customers – you will need to contact us should you wish to opt out of your data being stored on our system. Please be aware this will result in no further communications and we will be unable to send out samples, offers and any orders of goods. Future customers will have to check a box on our online checkout to say they agree with our Privacy Policy and the GDPR to request a sample or place an order.