TERMS & CONDITIONS
‘Condition’ means the standard terms and conditions of sale set out below, including any special terms and conditions, agreed in writing by us; by which you agree to purchase and we agree to sell the Goods.
‘Agreement’ means the agreement by which you agree to purchase and we agree to sell the goods.
‘We’ means Portland Villas Limited (incorporated in England and Wales under company number: 11567590) trading as Natural Angle Hove whose showroom and office is at 232-234 Portland Road, Hove, East Sussex, England BN3 5QT.
Email: email@example.com, Telephone Number: 01273 121923.
‘You’ means the customer seeking to purchase the goods from us.
‘Business Sales’ includes selling to a trade, profession or professional body.
‘Consumer Sales’ includes selling to any person who is purchasing for purposes outside of their normal business.
‘Delivery Address’ means the address at which we agree to deliver the Goods.
‘Goods’ means the goods which we shall supply in accordance with these conditions.
‘Delivery Date’ means the date on which we agree to deliver the Goods to the Delivery Address.
‘Special Orders’ means any goods which are made to your specification, are ordered specifically for your order, or items which are personalised to your specification.
‘Price of Goods’ means the price for the Goods excluding delivery, packaging, insurance and VAT.
2.Basis of Contract
2.1 These terms set out the whole agreement between you and us for the sale of goods. Please read and understand these terms and check that you agree to these terms and your order is complete and accurate before you commit yourself to the contract. You will be bound by these terms once a contract comes into existence between us in accordance with Clause 2.4.
2.2 You order and agree to buy, and we agree to sell the Goods at the Price, subject to these terms and conditions.
2.3 Products which are not standard and are therefore specifically ordered for you or fabricated for you must be paid for in full before the order/fabrication will be processed and cannot be cancelled after the order/fabrication process has started.
2.4 Prices and delivery charges are those that are in force at the time you submit your order. If the prices or charges are different to those published, this will be brought to your attention before we accept your order, giving you the option to cancel should you wish.
2.5 You should be aware that certain goods require a level of treating and aftercare. Some may easily be scratched and/or be subject to natural pitting/chipping. Entering into the agreement is acceptance of the above.
3.1 These terms are the express terms and conditions governing the Agreement.
3.2 There cannot be a variation or change to anything in these Terms and Conditions unless it is agreed in writing and signed by both parties.
3.3 In placing an order with us, you warrant that you have the necessary permission and authority to enter into this Agreement.
3.3 It is your responsibility to check that all the details relating to your order are correct and to provide us with all relevant information relating to the environment in which the Goods are intended to be used and for their delivery.
3.4 It is important that you check your measurements carefully. An order should always include an additional 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 you do not order enough, subsequent goods (as they are a naturally occurring product) may not be exactly the same as the original goods.
3.5 We can provide estimates of quantities of goods but this will be based on general guidelines and the measurements which you have supplied. It is your responsibility to provide accurate measurements to ensure that the correct quantities of goods are ordered. You should therefore seek professional advice as variations in surfaces and angles may affect the quantities required. We will not be responsible for any shortfalls or surpluses. Surplus goods are not returnable or refundable.
3.6 Where you are acting other than as a consumer, you confirm that you are not entering into this Agreement on the basis of, or relying on, any representation made to you by us that is not expressly incorporated into this Agreement in writing and signed by both of us.
3.7 As we have 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 consumer, you cannot rely on any implied or express representation, advice or information given to you by us that is not incorporated into the Agreement and signed by both of us.
3.8 We cannot be held responsible for circumstances beyond our reasonable control. This may include (without limitation) shortfalls at source, natural disasters and restraints or delays affecting suppliers or transportation to us. We will endeavour to notify you as soon as possible should these problems occur.
3.9 We strongly advise you not to book your installation until you have received your order in full and you have inspected the goods.
3.10 We will not be responsible for fitting costs or penalties relating to delayed deliveries.
3.11 We will not be responsible for any lead time changes for any products from when a proforma is issued and paid for. We will do our utmost to inform you if possible.
3.12 In the case of Business Sales, you confirm that these are the only terms of the agreement between us and any provisions upon which you purport to purchase including those on any of your purchase order, or confirmation of order or similar documents or forms do not apply to this agreement between us.
4.Description and samples
4.1 All descriptions, images (in both print and on the internet) and samples of our Goods are for the purpose of giving an approximate representation of the Goods only.
4.2 You acknowledge that the Goods are natural and geological variations will occur in terms of colour, markings, texture, size and between consignments, which are beyond our control. We advise you to view as much of the Goods as possible before entering into this Agreement.
4.3 You should be aware that all of the Goods are porous to some degree and should be sealed. Some may easily be scratched and/or be subject to natural pitting/chipping.
5.Pricing and Payment
5.1 If you are a registered business please contact us with your project for a bespoke quote. Trade prices apply. All trade prices are exclusive of any value added tax.
5.2 The Price is the price indicated as inclusive or exclusive of any value added tax, depending on your selection on the website. In any case the price excludes delivery charges, which you must pay in addition.
5.3 We reserve the right to change the Price by giving you notice at any time before delivery to reflect any increase in the cost to us such as foreign exchange fluctuations, alteration of duties, increase of the costs of materials and such like. If we change the price and you are not happy with it, you will be able to cancel your order.
5.4 Products which are not standard and are therefore specifically ordered for you or are fabricated for you cannot be cancelled after the order/fabrication process has started. If we do agree to cancel the order, you will be liable for any reasonable costs incurred.
5.5 Payment of all goods must be made in advance by BACS Payment, Credit or Debit card. We accept payment with Visa, MasterCard and Maestro payment cards.
5.6 If required, we can store purchased items in our warehouse until they are required. Storage is free of charge for the first three weeks from the day of purchase. After three weeks, every beginning week is charged at £6,00 per pallet, per week.
6.1 Payment is required on placement of your order. Please note that we will not arrange delivery until we are in receipt of cleared funds.
7.Delivery & Collection
7.1 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 of this Agreement. We often use an independent delivery company for which we are not responsible so we cannot guarantee delivery times.
7.2 The goods will be delivered to the delivery address specified on the order; please check the delivery address if this is not your account address.
It is the customer’s responsibility to ensure that the Delivery Address is correct.
7.3 You must make us aware of any access restrictions or difficulties for a large lorry e.g. overhead electricity or telephone cables, sharp turns, small alley ways etc. Please inform us of access restrictions as a difficult property access will affect delivery charges. If you do not notify us of e.g. overhead electricity or telephone cables or any kind of restricted access and the lorry cannot unload the goods a re-delivery charge will apply.
7.4 The cost of delivery is in addition to the Price and subject to VAT. We work with third party delivery companies. If delivery has been requested, we will add the delivery charge to the estimate-proforma. This is an estimated charge and can change once we receive confirmation from the third-party supplier about the exact costs (based on weight and dimensions). Therefore, the delivery cost on the actual invoice might be different from the estimate-proforma.
7.5 If we are not able to deliver the Goods as a result of you not complying with your obligations under these terms, the Goods will be retained by the driver and you will be responsible for any re-delivery or storage charges.
7.6 Any indication given by us as to the date for delivery of goods, is given as an estimate only. No liability whatsoever is accepted by us in respect of late deliveries. We often use independent delivery companies for which we are not responsible so we cannot guarantee delivery time. Please do not commence any installation work, book plumbers or other tradespersons until the Goods have been received and thoroughly checked for damage or discrepancies, in line with clause 9.2.
7.7 Goods are subject to availability. If an item ordered is out of stock, you will be notified and given an opportunity to change or cancel your order. If you choose to wait for stock, having been made aware of the delay, we will estimate an approximate delivery date for you. Delay in delivery of goods is beyond our control because delivery of goods is dependent on suppliers, carriers, logistics and/or customs clearance. Buyers are advised to only commit to an installation schedule once the goods have been received and checked. We shall not be liable for any costs or other losses incurred by you, your agents or any other third party due to an installation schedule committed to by you prior to the goods being received and checked. We shall have no liability whatsoever for any failure to perform, or any delay in the performance of any of our obligations under the Agreement arising wholly or in part by reason of any factor beyond our direct control.
7.8 If we are not able to deliver the whole of the order at one time for any reason, including operational reasons or shortage of stock, we can deliver the order in installments, this might incur additional charges. If you ask us to deliver the order in instalments, we will charge you the published delivery charge of each consignment.
7.9 Deliveries will be made by specially selected third-party carriers. Deliveries will be made to the nearest access point to your property at the discretion of the driver, which may be kerbside. The driver will not handle the Goods further.
Please notify us of any access restrictions that may affect delivery. It is your obligation to ensure a responsible person is at the property at the time of delivery to supervise the offload and sign for the delivery.
7.10 Large or difficult to handle items, e.g. a bath, may require a two-man team for delivery which may incur additional charges. These charges will be notified to you at the point of order or by our delivery team. You will have the right to cancel your order if you do not wish to accept the increased charges.
7.11 We may decline to deliver the goods if we believe it would be unsafe, unlawful or unreasonably difficult to do so, or the premises (or access to them) are unsuitable for the delivery vehicles we use.
7.12 A failed delivery is classed as any order where we have not received notification of your wish to postpone delivery within 48 hours of the suggested delivery date on your order, where delivery restrictions have not been notified or when a responsible adult has not been available to sign for the delivery.
7.13 If you fail an arranged delivery, we reserve the right to pass on additional delivery charges for the new delivery.
7.14 We shall have no liability for late delivery.
7.15 You may only collect your goods from our warehouse by prior arrangement and only in a suitable vehicle. If you arrange transportation of the goods, it is at your own risk and we will not accept claims for damage or breakages. You must inspect the goods on collection to ensure that they are the correct type, of satisfactory quality, undamaged and the correct amount and if they are not, you must notify us immediately in the case of ancillary before leaving the premises, or within 48h for any other goods.
7.16 A product will be your responsibility from the time we or our delivery provider deliver those goods to the address you gave us or when you collect the product from our warehouse. If you provide us with an incorrect delivery address and your order is signed for by someone else, or if the intended recipient is no longer resident or employed at the delivery location you specify, we cannot be responsible for any losses you may incur as a result, for example, theft of the products.
8.Risk and Property
8.1 The risk of, for example, breakage, loss and damage in the goods will pass from us to you on completion of delivery or, if you decide to collect the goods, at the point of collection.
8.2 The ownership of the goods will not pass to you until we have received payment of the total price in full in cleared funds.
9.Unpacking, stacking and storing
9.1 Goods should always be stacked and stored vertically but not on a hard surface as this may cause unnecessary edge chipping. We cannot be held responsible for damage which occurs after delivery or, if you decide to collect the goods, after collection.
9.2 Stone tiles may need to dry out before the installation process begins. You should ask your fitter to advise you if this is the case. Stone tiles should be fitted by an installer with natural stone fitting experience.
10.Acceptance of Goods
10.1 We take care to ensure that all of our goods leave us in perfect condition. If there is any obvious damage to the goods, please make a note of the damage on the delivery note. If the goods are deemed and proven to be damaged on delivery, by way of documentary evidence such as a photograph, we will bear the cost of re–delivery and replacement goods. Please note that you will still be required to notify us under clause 10.2, 10.3 and 10.4 (as applicable).
10.2 You 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, you must notify us 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 our option), which will be your sole remedy. If the goods are damaged or of unsatisfactory quality, we reserve the right to request documentary evidence, such as a photograph, in support of your statement. If you do not reject them within this time, or if you have installed them, you will be deemed to have accepted them and we will have no liability to you. The foregoing sets out your 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.
10.3 If the goods are not of the correct type or of satisfactory quality, i.e. damaged, you should notify us immediately, within 48 hours, and we will either refund you or make available replacement goods. If the fault with the order proves to be an error on our part, we will bear the cost of redelivery of replacement goods and collection of the original goods. If the fault with the order proves to be an error on your part, you will be required to bear the cost of redelivery of replacement goods and collection of the original goods.
10.4 If an incorrect amount of the goods are delivered or collected, you should notify us as soon as possible (within 48 hours) and we will arrange to deliver or make available (as appropriate) the correct quantity of the goods. If this proves to be an error on our part, we will bear the cost of delivery of the balance of the order. If this proves to be an error on your part, you will bear the cost of delivery of the balance of the order.
11.Limitation of liability
11.1 We will only be liable to you under or in relation to this Agreement or in relation to the goods if you tell us about any shortfall, proven damage or defect in the goods within 48 hours after delivery or collection (as appropriate) but not otherwise. We reserve the right to request documentary evidence, such as a photograph, of the damage or fault. If you so notify us, our only obligation to you will be (at our option):
11.2 to make good any shortage or non-delivery; or
11.3 to replace or repair any damaged or defective goods.
11.4 We will not be liable to you for loss of profits or loss of business, depletion of goodwill or for any indirect or consequential loss or other consequential compensation. Our total liability to you shall in no event exceed the Price.
11.5 We reserve the right to charge a 25% restocking and collection charge for goods returned to us which are not for reasons outlined in clause 11.1.
11.6 We will not be liable to you for lost working time or the cost of third party contractors where you (or your contractor) fail to install the goods correctly or fail to use the correct base, sealants or installation techniques or if the environment in which the Goods are installed is unsuitable.
11.7 Please note that we sometimes provide extra and/or damaged extra tiles to you free of charge with your order, which may be of use to you. We will therefore only be liable to you if we have not provided you with the quantity of goods which you ordered in a non-defective and undamaged condition.
11.8 Nothing in this Agreement is intended to limit any rights that you may have as a consumer under statute or to limit our liability to you in respect of death or personal injury resulting from our negligence or for fraud or fraudulent misrepresentation in respect of an untrue or misleading statement.
12.Right of Cancellation for Consumers
This clause only applies if you are acting for a purpose outside your business and there has been a distance contract.
Distance Contract means any contract concerning goods or services between a supplier and a consumer under a distance sales or service provision scheme that makes exclusive use of distance communication up to and including the moment at which a contract is made.
12.1 You may cancel this Agreement within 7 working days (period of cancellation) beginning the day after you receive the Goods.
12.2 To cancel you must let us know in writing that you wish to cancel. You may do this by email sent within the 7 days to us at the address set out in clause 1. If you tell us verbally you will need to send confirmation in writing within the 7 days.
12.3 You cannot cancel if the goods have been specifically ordered or specifically made for you, or you have installed or laid them or used them.
There is no right to cancel for the following contracts – the supply of bespoke goods that are made to the customer’s specification or are personalised – for example, a made-to-measure unit, worktop etc. However, this exemption does not apply to standard stock items.
In addition, consumers will lose their right to cancel if they:
unseal goods that are not suitable for return if they are unsealed.
combine goods with other goods after delivery so that they become inseparable.
12.4 If you wish to cancel Goods which have already left our premises, you will be liable for the cost of returning the Goods to the Natural Angle warehouse.
12.5 You have a duty of care during the period of cancellation to ensure that the goods are returned to us in the condition in which they were delivered. We reserve the right to charge for any damages caused by failure to carry out your duty of care.
13.Return of Goods
13.1 We operate a non-return policy for ancillary services like adhesives and grouts as these chemicals react to the surrounding, they have been stored in.
13.2 We do not accept the return of surplus material. It is advisable to keep surplus material as in case of future replacements/repairs it is oftentimes difficult to find similar shading especially when it comes to natural materials.
13.2 If you wish to return an order (except those goods mentioned in clause 13.1) following delivery you may do so by informing us within 7 days of receipt of delivery. We ask that you take reasonable care when handling the goods and return the goods unopened, unused and in their original packaging.
13.3 Returning goods to us is at your own cost and risk, a restocking charge of 25% will apply.
13.4 With the exception of an approved Natural Angle collection, we are not responsible for any loss or damage to any returned goods in transit and as such we recommend that you return the goods through a recorded delivery service.
13.4.2 If returned goods are damaged in part, or in full, we reserve the right to deduct the value of damaged goods from your final refund.
13.4.3 We reserve the right to ask for photographs as evidence of damage
13.5 The final refund will exclude all delivery charges.
13.6 Special order items are non-returnable unless they are damaged on delivery or are faulty.
14.Fixing Products and Installation
14.1 Any advice given by us or our staff relating to fixing products and installation is given in good faith but should be used as a general guide only as we have not carried out a survey of the place of installation of the goods and cannot therefore be sure that our advice is correct. It is your 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. We recommend that you take advice from a professional fitter.
14.2 We do not offer an installation service and it is your responsibility to ensure a professional fitter is carrying out your installation. We strongly recommend that you take up independent references.
14.3 We cannot therefore be responsible for the manner of installation of the Goods or for damage caused during or arising out of installation.
14.5 Third Parties
This Agreement is not intended to and does not give any third parties any right to enforce any of its provisions.
15.Proper Law of Contract
This Contract is subject to the Law of England and Wales.