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Retail In Store Terms and Conditions

  1. Introduction

    1. "London Stone" or "we/our/us/the seller" (Or any other trading names such as Chelmer Valley Brick Co/Chelmer Valley), means Habitus Materials Group LIMITED, a company registered in England (Company Number 5663226) and with its registered office at The Berkshire Garden Centre, Sutton Lane, Langley, Berkshire, SL3 8AH.
    2. London Stone, Chelmer Valley and Chelmer Valley Brick Co are trading names of Habitus Materials Group LIMITED and trade under the same terms and conditions as detailed herein.
    3. These terms and conditions form a contract between you - "the Customer" and "London Stone" or "the Seller".
    4. These terms and conditions apply to your purchase of products and services from this location (your "Order"). Please read and make sure you understand them before proceeding with the purchase.
    5. Any purchases made over the telephone or via inquiries from the website are subject to our distance selling Terms and Conditions, which are provided when relevant.
    6. By placing an Order at the Point of Sale the Customer agrees to be bound by the terms and conditions set out below.
    7. You must read and accept all of the terms and conditions contained herein before you place an Order.
    8. These terms and conditions supersede any written or oral representations, statements, understandings or agreements, except where specifically varied by written agreement by London Stone.
    9. The Customer is responsible for providing a satisfactory level of cooperation and for providing all necessary information and access to enable London Stone to deliver a quality service including; provision to London Stone promptly of all information and documentation reasonably required by London Stone, the correct measurements, Product details, quantity and all relevant details and provision of suitable access.
    10. The Customer is recommended to cater for Wastage when placing an order. Due to the natural characteristics, production and transportation methods involving some of the products supplied products up to 10% of your order may not be useable due to any of the following; chips, blemishes, surface variations, breakages, discolouration
    11. We strongly advise ordering a minimum of 10% additional material to cover the natural markings and variation in the products. London Stone will not replace or credit any material classed as wastage below 5% of the order quantity.
    12. Additional material may also be required to cover positioning and any wastage caused by cuts and the installation process.
    13. The customer must read and adhere to the details listed in the product guide as provided by London Stone.
    14. Definitions in this Agreement:-

      "Point of Sale" means here, the place where you purchased the Paving Stone or related products and where these Terms and Conditions are displayed.
      "Products" means any items sold by London Stone more fully described in the Order Confirmation.
      "Wastage" means the natural wastage due to the nature of cutting, treating and transporting some of the Product provided. We recommend that Customers order an additional 10% to cover wastage of some of our products, details of which will be provided in the buying guide.
      "Buying Guide" means the guide listed on the Website detailing the process of ordering products from London Stone.

  2. Payment

    1. All payment must be received prior to delivery.
    2. The charges are based upon the Customer paying for the Products in advance.
    3. All quotations issued will be valid for 30 days from the date the issued.

  3. Product Characteristics

    1. The nature of our products means that the look, colour, tone and texture may vary resulting in the actual physical product differing in shape, size and appearance from that photographed in our brochure, samples or website and any other marketing materials.
    2. It is strongly recommended that Customers request physical samples from any range before placing orders.
    3. The Customer is responsible for ensuring that the goods are suitable for their intended purpose and no warranty condition or representation is given by the London Stone as to the fitness of the goods for any particular purpose unless otherwise expressly agreed.
    4. The goods are sold on the express understanding that they are subject to formation characteristics, variation in colour, texture and markings and are all part of the makeup and appeal of our products.

  4. Delivery

    1. Completed Orders will be sent to the delivery address that you have given on your order form. We do not deliver to PO boxes.
    2. London Stone's times of delivery will be agreed with the Customer following our acceptance of the Order.
    3. London Stone shall bear all risk in respect of consignments until delivered to the Customer. Once a Completed Order has been received by you, all risk of damage to, or loss of, the products shall pass to you.
    4. We shall be entitled to (a) deliver a completed Order in instalments and each instalment shall be deemed to constitute a separate contract and (b) supply only part of an order.
    5. Delivery dates are approximate only and not an essential term of the Agreement. London Stone shall have no liability in respect of delay in delivery to the Customer.
    6. If in the opinion of London Stone the ground or access over which delivery or unloading is required is unsuitable for safe passage London Stone may refuse to deliver or deliver to the nearest accessible point.
    7. The Customer shall indemnify London Stone in respect of any claim for loss or damage arising or unloading of the goods.
    8. We only deliver to the kerbside. However in the event that the Customer requires us to deliver on their private property. This will be at the discretion of the driver/management and may be refused and will be subject to the Customer indemnifying London Stone against all damages.
    9. We reserve the right to use 3rd party haulage companies to deliver Products.
    10. The Customer is responsible for informing London Stone as to the nature of the delivery address, road surface. Some surfaces (such as gravel or loose, uneven or sloping ground) are not suitable for a pallet truck. If the point of delivery is unsuitable for delivery by pallet truck and we are unable to make the delivery due to this, the Customer may be liable for additional delivery charges.
    11. Notification of damage, delay or loss of goods in transit or of non-delivery must be given in writing to London Stone and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of notification of despatch of the goods/agreed delivery date) and any claim in respect thereof must be made in writing to London Stone and the carrier within seven clear days of delivery (or in the case of non-delivery, within 42 days of notification of despatch).
    12. All other claims must be made to us writing within 28 days of delivery. London Stone shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as possible.
    13. Should London Stone) not receive delivery instructions or b) be unable through no fault of London Stone to effect delivery within 30 days after notification to the Customer that items are ready for despatch, the Customer shall take delivery or arrange for storage. Should the Customer fail to take delivery or arrange for storage, we shall be entitled to arrange storage either at our own works or elsewhere on your behalf and all charges for storage, for insurance or for demurrage shall be payable by you.
    14. We reserve the right to cancel the contract between us if:
      1. we have insufficient stock to deliver the Products you have ordered;
      2. we do not deliver to your area; or
      3. one or more of the Products you ordered was listed at an incorrect price due to a typographical error or an error or change in the pricing information.
    15. If we do cancel your Order we will notify you by e-mail or by letter and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your Order.
    16. If delivery of special orders are delayed through no fault of London Stone, the customer will be invoiced in full 30 days after the agreed delivery date, regardless of delivery having been made or not.
    17. Storage and transport cost fees will also be charged for all special order deliveries where the delay is in excess of 30 days from agreed delivery date.

  5. Returns

    1. We do not offer refunds except in the case of the London Stone being at fault resulting in delivery of incorrect Product or Products delivered damaged.
    2. London Stone do not offer returns for bespoke Products or other non-standard Orders.

  6. Cancellation Policy

    1. To cancel your Order, please contact London Stone Limited, at The Berkshire Garden Centre, Sutton Lane, Langley, Berkshire, SL3 8AH or emailing info@londonstone.co.uk, giving details of the items ordered, within 48 hours of placing the Order.
    2. If you cancel your Order, we will refund all monies paid by you including any delivery charges you have paid. We will refund any monies to you within a maximum of 30 days of receiving your cancellation notice.
    3. Please note this will incur a collection charge. Products returned to us remain at your risk until received by us. Other than what is set out above no early cancellation offered by London Stone. No refunds will be made in respect of cancellation of bespoke Products or other non-standard Orders.

  7. Liability

    1. ue to the nature of our product's inherent characteristics, product Wastage is part of the manufacturing process and the Customer is advised to make allowances for such issues.
    2. Nothing in these terms and conditions seeks to limit or exclude our liability if something we do or fail to do causes death or personal injury through our negligence.
    3. We are not liable for any external circumstances preventing suppliers delivering against deadlines or preventing delivery of 3rd party against agreed commitments including incorrect postal addresses, issues with delivery or any other external reason for not delivering the Product.
    4. If either you or we breach this contract and the party not in breach ignores this, the party not in breach will still be entitled to use its rights and remedies at a later date. If any part of these terms and conditions is unenforceable (including any provision in which our liability to you is excluded) the enforceability of any other part of these terms and conditions will not be affected.
    5. These terms and conditions are governed by English law and both you and we agree to submit to the exclusive jurisdiction of the English courts.