Terms and Conditions
“Agreement” Means the agreement by which you agree to purchase and we agree to sell the Goods.
“We” and “Us” Means Whitehall Reclamation Ltd, Company Number 05400059 whose registered office is at 33 Bridge Street, Hereford HR4 9DQ.
“You” Means the customer
“Business Sale” Includes selling to a trade, profession or professional body.
“Consumer Sale” Include 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 agree to provide to you on these terms.
“Delivery Date” Means the date on which we agree to deliver the Goods to the Delivery Address.
“Price of Goods” Means the price of the Goods shown as exclusive of VAT and delivery in the case of Business Sales and the prices shown as inclusive of VAT but exclusive of delivery in the case of Consumer Sales.
“Total Price” Means the price of the Goods in any delivery cost inclusive of VAT.
1. An order for Goods placed by you, the Buyer, through our website, shall be subject to these Terms and Conditions.
2. All other Terms and Conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
3. Nothing in these Terms and Conditions shall affect the statutory rights of any consumer.
4. These terms are the express Terms and Conditions governing the Agreement, any variation or change to any matter in this Agreement shall be in writing and signed by both of us.
5. It is your responsibility to check that all the details relating to your order are correct and particularly important that you check your measurements carefully. We recommend you allow an additional 10% to allow for likely wastage arising as a consequence of cutting the Goods or minor imperfections in the Goods, as can be expected with the type of stone and finish ordered. If you initially order insufficient Goods and as a consequence you place a second order we cannot guarantee that the subsequent Goods will be exactly the same as the original, as the Goods are a naturally occurring product.
6. It is your responsibility to provide accurate measurements to ensure the correct quantities of Goods are ordered. We recommend you seek professional advice as variations in surfaces and angles may affect the quantities required. Any quantities that we provide are estimates only which will be based upon measurements that you have supplied. We will not be responsible for any shortfalls or surpluses.
7. As we have not carried out any survey or inspection of the installation site, we cannot give any warranty as to the suitability of the Goods for that site. In the event of this sale being a Business Sale you agree that you are not relying on any implied or express representation, advice or information given to you by us unless it is expressly incorporated into this Agreement and is signed by both of us.
8. Additionally where this Agreement evidences a Business Sale you are confirming that in deciding to enter into this Agreement, you are not relying on any representation made to you by us that is not expressly included within this Agreement in writing and signed by both of us. In the case of Business Sales the terms of this Agreement between us are the only terms of the Agreement.
9. No order submitted by you shall be deemed to be accepted by us unless and until we confirm acceptance of your order by email (where applicable) or by telephone.
10. We are entitled to refuse any order placed by you and will not be required to provide an explanation.
Goods(Return to Top)
11. The Goods are natural and variations will occur in terms of colour, markings, texture, size and between consignments, which such variations are beyond our control.
12. All images, whether in print or on the internet, descriptions and samples of our Goods are intended to provide you an appropriate representation of the Goods only.
13. As all of the Goods are porous to some degree, we recommend that they should be sealed. You are advised that some Goods may easily be scratched and/or be subject to natural pitting or chipping.
Price(Return to Top)
14. The price of the Goods will be the price quoted on the website at the date the order is received and is exclusive of any value added tax and delivery charge, which you must pay in addition. Please see delivery details for more information and description of our charges.
15. The price of the Goods will be the price quoted on the website at the date the order is received and will inclusive of value added tax, but exclude delivery charges, which you must pay in addition. Please see delivery details for more information and description of delivery charges.
16. We reserve the right to amend prices, before delivery, in accordance with any change in value added tax duty or if there is any increase in the cost to us as a consequence of, but not exclusively foreign exchange fluctuations, or increases in the cost of materials. In the event that it is necessary for us to change the price and you are not prepared to agree the amended price, you will be able to cancel your order. However, where your order includes non-standard products or products which are fabricated for you, your order cannot be cancelled after the order or fabrication process has started.
Ordering and Payment(Return to Top)
17. You may pay by Visa, Mastercard, Amex, Maestro or Visa Debit. Payment is required on placement of your order, delivery will not be arranged until we are in receipt of cleared funds.
Dispatch and Collection(Return to Top)
18. The cost of delivery is in addition to the price and subject to VAT. Please see delivery details for more information.
19. We use an independent delivery company for which we are not responsible so whilst we will use every reasonable endeavour to meet the Delivery Date, we cannot guarantee to do so and time for delivery is not of the essence of this Agreement.
20. Please note the carrier is only responsible for delivery to the address you quote and will off load the Goods at the nearest accessible point to the Delivery Address. You are responsible for ensuring a person is at the Delivery Address at the time of delivery to acknowledge receipt of the Goods. Please make us aware if there are any access issues such as width or height restrictions which may make delivery difficult.
21. In the event that we are unable to deliver the Goods as the result of your failure to comply with your obligations under this Agreement, you will be responsible for any re-delivery or storage charges.
22. In the event that you wish to collect your Goods, please contact us to discuss the necessary arrangements.
23. The title of the Goods will pass to you on payment in full of the price of the Goods. The risk of breakage, loss and damage of 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.
Unpacking, Stacking and Storing(Return to Top)
24. Care needs to be taken when unpacking the Goods as the spacers may need to be removed from the packaging before the Goods are lifted out. The Goods should always be stacked and stored vertically on edge, but not on a hard surface as this may cause unnecessary edge chipping. In the case of stone tiles, they may need to dry out before you commence the installation process. You should seek expert advice from your installer in this regard.
Acceptance(Return to Top)
25. We take care to ensure that all our Goods leave us in perfect condition. If there is any obvious damage to the Goods, please make a note of that damage on the delivery note. If we accept it to be proven that the Goods were damaged at the time of delivery, we will bear the cost of redelivery and replacement Goods. The notification requirements that are specified in the below clauses will still apply.
26. You must inspect the Goods on delivery or collection (as the case may be) and if you believe there is any damage, shortages or other defects in the Goods, notify us within 48 hours of delivery or collection, for correction, replacement or refund, of all or part of the price (at our option), which will be your sole remedy. In the event you maintain the Goods to be damaged or otherwise to be of unsatisfactory quality, we reserve the right to request documentary evidence, for example a photograph, in support of your statement. If you do not reject the Goods within 48 hours or if you install them, you will be deemed to have accepted them and we will have no liability to you.
27. If the Goods are defective, or there are shortages you should notify us within 48 hours and we will either refund to you the total price or make available replacement Goods (at your option). If the fault with the order is 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 or replacement Goods and collection of the original Goods.
Limitation of Liability(Return to Top)
28. 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 obligation to you will be (at our option):
28.1. To make good any shortage or non-delivery; or
28.2. To replace or repair any damaged or defective Goods
29. 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 compensation. Our total liability to you (whether in contract, tort (including negligence), statute or otherwise) shall in no event exceed the price.
30. We reserve the right to charge a restocking and collection charge for Goods returned to us which are not for reasons outlined in clause 28 above.
31. We will be liable for your losses arising out of the provision by us of a shortfall in, or defective or damaged Goods, to the extent that such losses are reasonably foreseeable. However 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.
Refund Policy/Cancellation by Consumers(Return to Top)
32. This clause only applies if you are acting for a purpose outside your business and there has been a distance contract.
33. 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.
34. You may cancel this Agreement within 7 working days (the cancellation period) beginning the day after you receive the Goods.
35. To cancel you must let us know in writing that you wish to cancel. You may do this by fax, letter or email sent within the 7 days to us at our address. If you tell us verbally of your wish to cancel, you must still send confirmation in writing within the 7 days.
36. You cannot cancel if the Goods are made specifically for you or you have installed, or laid them or used them.
37. If you wish to cancel Goods which have already been delivered then you must return the Goods to us at your cost, or, at our option, we can collect them from you and if we do, you will liable for the cost of collection. If you cancel during the cancellation period, then until such time as the Goods are returned to us in the condition in which they were delivered, then the responsibility for safe keeping of the Goods remains with you and we reserve the right to charge for any damages caused by failure to carry out that responsibility.
Advice on Fixing and Installation(Return to Top)
38. Any advice given by us or our staff relating to fixing Goods and or installation of Goods is given in good faith but is a guide only as we have not carried out a survey of the place of installation of the Goods and therefore cannot be sure that our advice is correct. We recommend that you always take advice from an appropriate expert in respect of the suitability of the Goods for the environment in which you propose to install them.
39. We cannot be responsible for the manner of installation of the Goods or for damage caused during or arising out of installation.
Website(Return to Top)
40. We will attempt to ensure that the information on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as is practical after becoming aware or being notified of these.
41. All drawings, descriptive matter and specification of the Goods on the website are for the sole purpose of giving an approximate description of the Goods.
42. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database content, or restrict access to parts or all of the website without notice or liability.
General(Return to Top)
43. We may from time to time change, alter, adapt, add or remove portions of these Terms and Conditions but if we do so we will post any such details on the website.
44. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be effected.
45. English law will apply to this Agreement, and the parties agree to submit to the exclusive jurisdiction of the English Courts.
46. The headings in this Agreement are for convenience only and will not effect their interpretation.
Third Parties(Return to Top)
47. This Agreement is in intended to and does not give any third parties any right to enforce any of its provisions.
Delivery(Return to Top)
48. Deliveries are normally dispatched within 7 working days of order.
49. Delivery times are between 9am – 5pm, Monday – Friday.
50. No deliveries on bank holidays.
51. The deliveries are made by a national delivery company, but help will be required for unloading, and need to be on a hard standing area. This maybe curbside, or any area that is deemed suitable for the goods to be unloaded.
52. We must be notified if there is restricted access.
53. Orders must be examined prior to signing for.
54. If a faster service is required then please contact us directly, there will be an additional charge.
55. EXPORT deliveries can be arranged. Please contact us directly for costings.
56. Delivery standard rate is £50 + vat for full or half pallet