These terms and conditions apply to all contracts for the sale of goods and services between the Company and the Customer. Please read them carefully before placing an order.
Your attention is particularly drawn to Section 1 (General Terms), Section 2 (Business Customers), and Section 3 (Consumer Customers). The section that applies to you will depend on whether you are acting as a Business or a Consumer.
SECTION 1: GENERAL TERMS APPLICABLE TO ALL CUSTOMERS
1. Definitions
- “The Company”: Marble & Granite Designs Ltd T/A Hereford Granite
- “Customer”: The person, firm, or company purchasing Goods and/or Services.
- “Business Customer”: A Customer purchasing Goods and/or Services in the course of their business, trade, or profession.
- “Consumer”: An individual purchasing Goods and/or Services wholly or mainly for their personal use and not for use in connection with any trade, business, or profession.
- “Goods”: Any items sold by the Company, including stone offcuts and Custom Goods.
- “Services”: Any services provided by the Company, including templating, fabrication, and installation.
- “Custom Goods”: Goods that are fabricated or finished to the Customer’s specific requirements (e.g., kitchen worktops, vanity tops).
2. Application of Terms
2.1. These terms and conditions form the entire agreement between the Company and the Customer. Any variation must be agreed upon in writing and signed by a Director of the Company.
2.2. By placing an order with the Company, the Customer agrees to be bound by these terms.
2.3. All Customers are bound by Section 1. Business Customers are additionally bound by Section 2. Consumers are additionally bound by Section 3. In case of any conflict between the sections, Section 2 shall take precedence for Business Customers and Section 3 for Consumers.
3. The Nature of Our Goods
3.1. Natural Stone Products: The Customer acknowledges that stone is a natural material subject to variations in colour, shade, texture, veining, and the presence of natural fissures or pitting. These are inherent characteristics of the material and are not defects.
3.2. Samples & Illustrations: Any samples, drawings, or illustrations provided are for guidance only. They are not binding and cannot be taken as an exact representation of the final Goods supplied. The Company cannot guarantee a precise match to any sample.
3.3. Inspection: The Customer or their appointed agent is responsible for inspecting all Goods upon delivery and before any fixing, installation, or alteration. Installation of the Goods constitutes acceptance of the Goods’ condition, appearance, and suitability.
3.4. Offcut and ‘As-Is’ Goods: Goods sold as ‘offcuts’, ‘remnants’ or on an ‘as-is’ basis are remnants from larger projects. The Customer acknowledges that such Goods are sold as seen and may include surface scratches, chips, or other imperfections which are reflected in the price. The Customer is responsible for ensuring the ‘as-is’ condition is acceptable for their purpose before purchase.
4. Quotations and Orders
4.1. All quotations provided by the Company are valid for 30 days from the date of issue, unless otherwise stated. Prices are subject to change without notice after this period.
4.2. An order is considered accepted only when the Company issues a written confirmation or begins to process the order, at which point a contract is formed.
4.3. For Consumers, the price quoted will be the total price, inclusive of VAT. For Business Customers, prices are quoted exclusive of VAT, which will be added at the applicable rate.
5. Custom Goods – Fabrication Process
5.1. Site Readiness: For Services that require a site visit (e.g., templating), the Customer must ensure the site is ready. All base cabinets must be level, secured in their final position, and have all necessary supports in place. Sinks, taps, hobs, and other appliances must be on-site for measurement. Delays or repeat visits caused by the site not being ready will incur additional charges.
5.2. Drawings & Sign-Off: Following templating, the Company will provide drawings for the Custom Goods. The Customer is responsible for reviewing all details (dimensions, cut-outs, materials, finishes) and providing a written sign-off (approval). Fabrication will not commence until this sign-off is received. The sign-off is the Customer’s final confirmation that all details are correct.
5.3. Tolerances: All dimensions for Custom Goods are subject to a manufacturing tolerance of +/- 2mm.
6. Delivery
6.1. Delivery dates are provided as an estimate and are not guaranteed. The Company shall not be liable for any reasonable delay in delivery.
6.2. The standard delivery service is to the kerbside of the specified address. The Customer must ensure a responsible person is present to accept and sign for the delivery. The Customer is responsible for moving the Goods from the kerbside onwards.
6.3. The Customer must notify the Company of any access restrictions for a large vehicle at the time of ordering. Failed deliveries due to access issues or the Customer not being present will be chargeable.
7. Installation
7.1. Where the Company is engaged to install Custom Goods, our service is limited to the installation of the stone only. It does not include any plumbing, electrical, or carpentry work. The Customer is responsible for arranging these services with qualified tradespeople.
7.2. The Company is not responsible for making good any decoration or tiling following installation.
8. Liability
8.1. Nothing in these terms shall limit or exclude the Company’s liability for: a) Death or personal injury caused by its negligence. b) Fraud or fraudulent misrepresentation. c) Any matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
9. General
9.1. The Company reserves the right to subcontract any part of the work or order.
9.2. This contract shall be governed by English Law, and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
SECTION 2: TERMS APPLICABLE ONLY TO BUSINESS CUSTOMERS
10. Payment and Credit
10.1. For Customers with an approved credit account, payment is due in full within 14 days of the date of the invoice, unless otherwise agreed in writing.
10.2. For other Customers, payment terms will be specified on the quotation or order confirmation.
10.3. The Company reserves the right to claim interest, compensation, and reasonable debt collection costs under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) on any overdue amounts.
11. Risk and Title
11.1. Risk in the Goods shall pass to the Customer upon delivery.
11.2. Title (ownership) of the Goods shall not pass to the Customer until the Company has received payment in full for the Goods and any other sums due from the Customer.
11.3. Until title has passed, the Customer must store the Goods separately, marked as the Company’s property, and must not resell or use them.
12. Claims and Liability
12.1. Any claim for non-delivery must be notified in writing to the Company within 7 days of the date of the advice note. 12.2. Any claim for shortages or damage to Goods must be notified in writing to the Company within 3 days of delivery. Failure to do so may result in the claim being rejected.
12.3. Subject to clause 8, the Company’s total liability in contract, tort, or otherwise arising in connection with the performance of the contract shall be limited to the contract price of the Goods/Services.
12.4. The Company shall not be liable to the Customer for any loss of profit, loss of business, depletion of goodwill, or any indirect or consequential loss whatsoever.
12.5. All warranties, conditions, and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract.
13. Cancellation
13.1. Orders may be cancelled only with the Company’s written sanction.
13.2. Orders for Custom Goods cannot be cancelled under any circumstances once fabrication has commenced.
SECTION 3: TERMS APPLICABLE ONLY TO CONSUMER CUSTOMERS
14. Your Statutory Rights
14.1. As a Consumer, you have legal rights in relation to Goods that are faulty or not as described. The Company has a legal duty to supply Goods that are in conformity with this contract. Nothing in these terms will affect your legal rights under the Consumer Rights Act 2015. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
15. Right to Cancel (for Online, Phone or other ‘Distance’ Contracts)
15.1. For most Goods purchased online or by phone, you have a legal right to change your mind within 14 days of receiving the Goods and receive a refund (the “cooling-off period”).
15.2. Exception for Custom Goods: Your right to cancel does not apply to Custom Goods that are made to your specifications. By providing your signed approval of the fabrication drawings (as per clause 5.2), you are giving your express consent for us to begin the fabrication service. At this point, you will lose your 14-day right to cancel the contract.
15.3. How to Cancel: To exercise your right to cancel, you must inform us of your decision by a clear statement (e.g., a letter sent by post or an email). You can use the model cancellation form available on our website, but it is not obligatory.
15.4. Returning Goods: If you cancel this contract for standard (non-custom) Goods, you must send them back to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation. You will have to bear the direct cost of returning the Goods.
16. Faulty Goods
16.1. If the Goods are faulty, please contact us immediately. Under the Consumer Rights Act 2015, you have a right to reject faulty goods within 30 days of delivery for a full refund. After 30 days, you have the right to a repair or replacement of the faulty Goods.
17. Payment
17.1. Payment for standard Goods is due at the time the order is placed.
17.2. For Custom Goods, a non-refundable deposit of 50% is required at the time of order to cover the cost of materials and templating. The final 50% balance is due on the day of installation or prior to delivery.
18. Our Liability to You
18.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable.
19. Data Protection
19.1. We will use the personal information you provide to us to supply the Goods and/or Services, to process your payment, and to inform you about similar products that we provide (you may stop receiving these at any time by contacting us). We will process your information in accordance with our Privacy Policy and UK data protection law.