Terms and conditions
These terms and conditions apply to all purchases made from RP Williams-Jones Ltd including both online purchases and those made by post and phone.
RP Williams-Jones Ltd Registered office: Pant Ruthin Fach Farm, St Mary Hill, Nr. Bridgend, Vale of Glamorgan, CF35 5HY. Registered company No. 08636625.
General
In these terms and conditions of sale, “the Company” shall mean RP Williams-Jones Ltd and “the Customer” shall mean the company or person placing an order with the Company.
By placing an order with the Company, the Customer agrees to be bound by and accepts these terms and conditions of sale. These terms and conditions supersede and replace any prior written or oral agreements, representations or understandings between the Company and the Customer.
The Customer acknowledges that it shall not purchase the goods on the basis of, or having relied upon, any representation, information or advice given to it by the Company or its staff.
All orders for goods are subject to availability. The Company will inform the Customer as soon as possible if the goods are not available. It is the Customer’s responsibility to check that all details of its order are correct.
The Company will not be liable for any typographical error or omission in any print or web document.
Prices
Prices shall be exclusive of VAT, delivery and any customs or import duties, which shall be payable in addition.
Prices, quotations or estimates are those current on the date when given or when set out on the Company’s web site, but the Company shall have the right to vary them without notice for any reason, including but not limited to: an increase in supplier’s prices; or an increase in labour/materials costs; or any additional costs caused by the Customer including, but not limited to, late or altered instructions, or amended delivery schedules.
Mixing Stone
Given that different consignments of the same products may differ in appearance, colour and size, it is recommended that the Customer ensures that it orders enough of the goods to cover the entire area which it wishes to cover, in order to obtain, as far as possible, an even blend of colour and size.
When laying flagstones or building stones it is recommended that they are laid out to get ideal colour spread before fixing to the ground or walls.
Descriptions
Building Stone
Random rubble / random cropped
This generally all shapes and sizes but can be reduced in size but.
Cropped / semi coarsed / semi cropped
These can be squares and rectangles but not exclusively.
Colour can vary and can change over time.
Cladding
Due to the nature of cladding returns cannot be made. Cladding will be checked before the sale and any damage due to own transportation or storage will be at the customer’s liability.
Beams
Oak is a natural product that can twist and split due to changing temperatures and conditions. The customer on purchasing oak products, accepts these changes. Bespoke products cannot be returned. Customers must make sure that they are happy with the colour of waxing and understand that every beam is different and can take the wax differently and the same wax show a variation in colour on different beams.
Paving
Paving stones are a natural product and weather differently in different atmospheric conditions. Variation in colour and texture are normal. Efflorescence or mineral deposits can emerge from natural stone leaving marking or rusty appearance on stone. This is beyond our control and removal of these natural substances or any staining on other materials is not the Company’s issue and the decision to remove or not is the customers prerogative.
No returns or complaints will be entertained after the product has been laid. Porcelain paving cannot be returned if it has been over ordered as batch numbers are constantly changing. It is up to the customer to measure correctly. If further work is to be undertaken at a later date, it is recommended to purchase all the porcelain slabs at the same time as batch variations will take place over time.
Examination and Acceptance
If the Customer is acting in the course of its business, paragraph (i) applies. If the Customer is not acting in the course of its business (ie it is a consumer), then clauses (ii), (iii) and (iv) apply.
Business Sales
(i) The Customer must inspect the goods on delivery or collection (as the case may be) to ensure that they are the correct type, of satisfactory quality, undamaged and the correct amount and if they are not, the Customer must notify the Company within 48 hours of delivery or collection (as the case may be) for correction, replacement or refund of all or part of the price (at the Company’s option), which will be the Customer’s sole remedy. If the Customer does not reject them within this time, it will be deemed to have accepted them and the Company will have no liability to it. The foregoing sets out the Customer’s only rights and remedies in relation to the goods and all other terms and conditions, express and implied, relating to the quality or fitness for purpose of the goods are hereby excluded to the fullest extent permitted by law.
Consumer Sales
(ii) If the goods are not of the correct type, of satisfactory quality and undamaged and the Customer notifies the Company within 7 days (starting on the day after the day of delivery or on the day after the day of collection, as appropriate), the Customer will be entitled to reject them and the Company will either refund to the Customer the price of the goods (including delivery charges) or make available replacement goods (at the Customer’s option). If the Customer opts for replacement goods and it paid for delivery of the original goods, the Company will deliver the replacements to the Customer; if the Customer collected the original goods, the Company will make the replacements available for collection by the Customer.
(iii) If an incorrect amount of the goods is delivered or collected and the Customer notifies the Company within the 7 days, the Company will arrange to deliver or make available (as appropriate) the correct quantity of the goods.
(iv) The Customer will be deemed (assumed) to have accepted the goods if the Customer has not returned them to the Company or informed the Company of their rejection within the 7 days, or if the Customer has used, laid or installed them.
Right of Cancellation for Consumers
This paragraph only applies if the Customer is acting for a purpose outside its business or if the Customer has not visited the Company’s premises in relation to its order for the goods. The Customer may cancel its order within 7 working days beginning the day after it receives the goods. The Customer cannot cancel if the goods are made specifically for it, or it has installed or laid or used them, or if it has damaged the goods in any way. If the Customer wishes to return the goods then it must send them to the Company, or the Company can collect them from the Customer. The Customer must pay for the cost of sending the goods back to the Company or the Company’s cost of collection. The goods must be returned undamaged and unaltered. To cancel, the Customer must let the Company know in writing that it wishes to cancel. It may do so by personal delivery, letter, or email sent within the 7 days to the Company at the address set out above. If the Customer tells the Company verbally, it will nevertheless need to confirm in writing within the 7 days.
Delivery
Due to the special nature of our products, our normal method of delivery within the UK is either by ourselves or by a multi-drop courier, both will supply a kerbside delivery service to your specified delivery address. When we receive your order we will contact you to arrange a convenient day for delivery.
Time of delivery is not guaranteed nor of the essence. Any schedule given by the Company for delivery is given in good faith and the Company shall endeavour to comply with it. The Company will be in no circumstances be liable for any costs or expenses incurred as a result of late or non-delivery.
Access to the delivery point must be on level, hard standing. The Company reserves the right (in its absolute discretion) not to deliver the goods or to deliver them to the nearest area of level, hard standing in the event that the delivery point is not on level, hard standing.
It is the Customer’s responsibility to make the Company aware of any access restrictions or difficulties and to ensure that a responsible person is on site to supervise off-loading.
Should the Company decide not to deliver the goods as a result of the foregoing, the Customer shall nevertheless be responsible for the costs of delivery, re-delivery (if applicable) and storage.
Should the Company decide to carry out the delivery to the delivery point even though it is not on hard standing or there are access restrictions or difficulties, the Customer shall indemnify the Company for any loss or damage caused to the delivery vehicle or goods and for any injury to any person directly or indirectly resulting.
Where delivery or collection of an order is made by instalments, each delivery or collection will be deemed to be the subject of a separate contract. Any failure by the Company in respect of any one delivery shall not entitle the Customer to repudiate the order or any remaining instalments to be delivered.
Payment
Payment is due before delivery unless credit facilities have been agreed in advance. All invoices allocated to credit accounts to be paid no later than 30 days after the last day of the month in which the items are despatched. The Company may, on due notice in writing at any time withdraw or alter the credit facilities that it has extended to the Customer.
The Customer shall make all payments due under the contract without any deduction whether by way of set-off, counterclaim, discount or otherwise, unless they have written confirmation from the Company.
If the Customer fails to pay the Company any sum due by the due date, the Company may suspend further deliveries until payment is made or terminate the contract. The Customer will be liable to pay interest to the Company on such sum from the due date at the monthly rate of base rate plus 2% of Handelsbanken from time to time, accruing on a daily basis until payment is received. The Company reserves the right to claim interest and compensation for late payment under the Late Payment of Commercial Debts (Interest) Act 1998.
Limitation of Liability
The remedies set out at “Examination and Acceptance” shall be the sole remedies of the Customer to the fullest extent permitted by law.
The Company’s liability to the Customer (whether in contract, tort (including negligence) or statute) shall in any event be limited to the price paid for the goods (including delivery). The Company shall not be liable for loss of profit, business, goodwill, reputation, anticipated savings or for any indirect or consequential loss.
Nothing in these terms and conditions shall limit any rights which the Customer may have as a consumer under statute or to limit the Company’s liability for death or personal injury caused by the Company’s negligence or for fraud or fraudulent misrepresentation.
Risk & Title
Unless otherwise stated, title to the goods passes to the Customer upon receipt of payment in full for the goods, in cleared funds.
Risk of damage to, or loss of, the goods shall pass to the Customer at the time when the goods are either collected by the Customer at the Company’s premises, or when delivery is made to the address specified by the Customer.
Samples, Variations, Quantities and Suitability
Samples submitted by the Company are an approximate indication of texture, size, colours and general appearance only. Technical or other data are intended as guide only. As the products are all natural materials, there may be significant colour and surface differences between a number of items within the same range.
Variations in colour will occur as stone and timber are natural products. With time after laying fading can occur. This is a natural process for which the Company will not be liable or responsible.
It is the Customer’s responsibility to ensure that it has ordered the correct quantity of goods.
The Company does not give any warranty as to the suitability of the goods for any given environment.
Force Majeure
The Company shall not be liable for any failure to supply or deliver the goods to the Purchaser arising from circumstances outside its reasonable control.
Web Site
The information, descriptions and images appearing on the Company’s web site are for information only and should not be relied upon. The Company reserves the right to modify the content of its web site at any time and without prior notification, such changes to take effect on publication.
Variations
Any variations to these terms and conditions must be in writing and signed by a director of the Company.
Third Parties
No third parties are intended to have any right to enforce any provision of these terms and conditions.
Price & Payment
The price for the goods will be as specified by RP Williams-Jones Ltd at the date and time at which you order them. Unless otherwise stated the price does not include delivery charges or VAT which are extra. Where prices are shown to include VAT this is at the current rate in the UK where applicable.
Any customs or import duties levied once the package reaches your country will be the responsibility of the customer as we have no control over these charges and cannot predict what they might be.
We accept all major credit and debit cards, including Visa, MasterCard, Eurocard, Switch, Solo, JCB, and Visa Electron. We do not currently accept Diners, American Express or Laser. All transactions are in pounds Sterling.
Responsibility For The Goods
You will be responsible for the Goods from the time when they are delivered to you. We will assume responsibility for the Goods while they are in transit so that if they are damaged on arrival under our returns policy we will replace them free of charge. To take advantage of our returns policy, you must, however, inform us within 3 working days of their being delivered to you that they are damaged. You can contact us on 01656 862214.
Returns
Unwanted Goods
Some of our products are made to order, which means that we cannot exchange or take back an item unless it is actually defective. If this is the case, we will let you know that the item is non-returnable before we process your order.
With all other products, we are happy to exchange for another RP Williams-Jones Ltd product or provide a full refund as required, if, when you receive your order you decide you don’t want it. You must contact us within 3 days of receipt, then return the item in perfect condition and in the original packaging within 30 days from the date of purchase. When returning items we strongly recommend you obtain proof of delivery, as we can’t accept responsibility for items lost in transit. We regret that you may be required to pay an additional delivery charge to cover costs incurred as a result of returning the item and sending out a replacement.
Damaged or Defective Goods
You must contact us within 3 days of receipt if items are damaged or defective on arrival. Goods which have been damaged in transit can be replaced at no cost with free delivery.
Company Information
Registered Address: RP Williams-Jones Ltd, Pant Ruthin Fach, St Mary Hill, Vale of Glamorgan CF35 5HY. Company Registration Number 08636625. VAT Registration Number 331119108.
Privacy
We follow strict security procedures, as required by the UK Data Protection Legislation regarding the storage and disclosure of any information given by you. Under these guidelines we offer our assurance of total confidentiality and promise that your details will not be disclosed to any to other companies other than to fulfill your order, in which case the minimal information will be supplied.