Delivery, Returns & Cancellations

Thorverton Stone Company Ltd: Conditions of Sale for ecommerce purchases of our landscape ornament products

1. These terms and conditions apply to all ecommerce sales of garden sculptures / landscape ornament products sold by us and any variation or additional term must be expressly confirmed in writing by the company.
2. All prices include VAT at the current rate unless otherwise stated.
3. All prices include a delivery charge per item unless otherwise stated.

Delivery:

4. It is the customers’ responsibility to provide a suitable site for delivery.
5. The goods are delivered on a non-returnable pallet.
6. Goods are delivered via a tail lift van or lorry and it is the customers’ responsibility to make sure there is suitable access for such vehicles.
7. The goods will be delivered onto hard-standing only. Gravel, grass or any other soft ground cannot be used for delivery.
8. The goods will not be unpacked or moved to any on-site location by the delivery driver.

Order Cancellation:

9. Orders placed via ecommerce may be cancelled within 14 days of the date the order was placed.

Returns:

10. Items purchased via ecommerce may be returned to us.
11. The cost of returning the goods lies solely with the Customer.
12. All goods must be returned to us on a pallet which is accessible by a Fork-Lift Truck or a pallet-truck.
13. The goods must be secured to the pallet in such a way that they cannot be damaged in any way.
14. Thorverton Stone Company will not accept liability of any kind for damage to a returning product.
15. Thorverton Stone Company will not accept any liability for damage to any property of a third party or customer’s property used in delivering returned goods.

General:

16. The Company do not undertake to deliver or collect any load over roads or other ground which we consider to be unsuitable. If a vehicle used for performing our contract with any Customer at his request delivers or collects a load to or from a place situated off a hard roadway, the Customer is to be solely responsible for any accident or damage resulting in consequence thereof.
17. Goods sold by the Company shall be of the type shown on our ecommerce platform, and shall accord with the specification stated. No other specification is to be implied.
18. The Contract between this Company and the Customer shall come into affect when the Customer’s order is accepted by the Company in writing -via electronic means.
19. The risk in the goods shall pass to the Customer at the moment of unloading from the delivery vehicle at the Customer’s site, or on loading the goods into the Customer’s vehicle or other container.
20. The Customer should examine the goods and satisfy himself that they are in good order before signing delivery notes as in no circumstances will the Company be responsible for breakages or damage notified after delivery.
21. Goods are to be unloaded by the Customer immediately on arrival. Waiting time will be charged for every hour or part thereof.
22. Time of delivery is not guaranteed. Any programme given for delivery or collection of goods is given or agreed by the Company in good faith, and every endeavour will be made to comply therewith. The Company shall not, however, be liable for any loss or damage consequential or otherwise arising through its failure to make delivery by the due date or time.
23. Property in goods shall pass on payment. Any transaction in goods carried out by the Customer prior to the receipt by the Company on the full sale price shall be in the capacity of Agent for the Company to whom the Customer shall be fully accountable for any moneys received.
24. The Company will not accept any complaint of any kind unless it is received in writing within 14 days after the time of supply of the materials or goods of which complaint is made.
25. The Company does not accept liability for late receipt of information, delays or costs arising from any cause beyond its control, including, but not confined to electronic or internet related failures, strikes, lock-outs, accidents and machinery breakdowns.
26. If any dispute or difference shall arise between the parties concerning this Contract, such dispute or difference shall be and is hereby referred to the arbitration of a person to be agreed between the parties or, failing agreement, a person appointed at the request of either party by the President for the time being of the Chartered Institute of Arbitrators.
27. Where goods supplied by the Company are proved to be defective, the Company will replace the goods as promptly as possible. The Company will not be liable for any expenses how so ever incurred which exceed fifty per cent of the value of the related item.  The Company will not be responsible for any part of the expense incurred by the Customer which is due to:-
        a) delays not caused by the Company, its servants or agents.
        b) The goods being used for a purpose for which they are not suitable.
        c) The goods being wrongly handled, treated, placed or fixed.
        d) Any defect in the design or specification provided by the Customer.
28. a) Net payment for goods must be received by the company not later than the twenty-eighth day following the supply of the goods.
    b) The Company may at its discretion refuse to execute any further order and/or suspend or discontinue deliveries of goods or impose such special payment terms and conditions as the Company deems appropriate. The Customer will be charged for storage and any other direct costs resulting from non-payment.
29. Supply of goods may be partially or totally suspended during any period when the Company is prevented or hindered in supplying goods by any cause outside the Company’s reasonable control. The Company will advise the Purchaser promptly whenever possible of any such suspension or disruption of supply.
30. The Customer shall not withhold any payment properly due to the Company in the event of any dispute with the Company.