1 The contract between us (for delivery see section 5)1.1 We must receive payment of the whole of the price for the goods that you order, when that happens you will receive an acknowledgement of receipt. If you pay by cheque, we will not be deemed to have received payment until your cheque has cleared. Once payment has been received by us we will confirm that your order has been received by sending an email to you at the email address you provide in your order form. Our acceptance of your order occurs on despatch of the goods and brings into existence a legally binding contract between us.
1.2 Notwithstanding the provisions of clause 1.1, if we accept an order from you without full payment in advance of delivery, you will pay the price for the goods within 30 days of the date of our invoice. Overdue amounts shall attract interest at the rate of 3% above Ulster Bank rate from the date of due payment of the invoice until payment.
1.3 If you allow us to enter or make an order on your behalf it is an acceptance of our Terms & Conditions.
1.4 If we enter an order for you a copy will be sent to the email address you give us. It is your responsibility to check all details are correct. We cannot be held responsible for any errors or omissions made when entering an order on your behalf.
1.5 You (the customer) are responsible for obtaining all necessary planning permission and local authority consents and permissions for any work to be carried out. You are responsible for obtaining any permits to allow roadside delivery or storage of goods on the public highway.
2 price2.1 The prices payable for goods that you order are quoted as exclusive of VAT. The square metre prices detailed will not include delivery. The cost of delivery if advertised will be based on the standard delivery option. Published prices are subject to change without notice. We will confirm delivery charge for your purchase prior to your placement of an order.
2.2 You may be required to pay extra for certain deliveries and it might not be possible for us to deliver to some locations.
3 Consumers only – Right for you to cancel your contract3.1 If you are purchasing as a consumer, you may cancel your contract with us for the goods you order at any time up to the end of the seventh working day after the date you receive the ordered goods, subject to clause 3.2 below. You do not need to give us any reason for cancelling your contract, subject to clause 3.2 below.
3.2 You cannot cancel your contract in the following circumstances:
(i) if the goods you have ordered are not a stock item in our yard or not 'off-the-shelf' standard products (a bespoke order) but were configured or assembled pursuant to your requirements.
(ii) if the goods you have ordered have already been despatched from the delivering depot.
(iii)The product must be unused, in its original packing and in a saleable condition.
3.3 To cancel your contract you must notify us in writing. To do this, please email or write to us at the address provided under clause 9.
3.4 If you have received the goods before you cancel your contract then (unless clause 3.2 applies) you must send the goods back to our contact address at your own cost as per the Distance Selling Regulations. If we arrange collection for you, the relevant fee will be deducted from your final refund. If you cancel your contract but we have already processed the goods for delivery you are requested to refrain from unpacking the goods when they are received by you and you must send the goods back to us at our contact address AT YOUR OWN COST AND RISK as soon as possible. There may be a variable percentage re-stocking charge imposed depending on circumstance and dependant on supplier if products have been supplied by a third party. If you wish, this can be arranged by us and charged at the current rate of return.
3.5 Once you have notified us that you are cancelling your contract, any sum debited to us will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in a reasonable condition. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you and to include any relevant re-stocking charges.
3.6 Business purchasers have no right to cancel orders under clauses 3.1 to 3.5.
4 Cancellation by us4.1 We reserve the right to cancel the contract between us if: (i) we have insufficient stock to deliver the goods you have ordered; (ii) we do not deliver to your area; or (iii) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error or change in the pricing information.
4.2 If we do cancel your contract we will notify you by e-mail or by letter and will re-credit to your account any sum deducted as soon as possible but in any event within 30 days of your order.
5 Delivery of goods to youRemember, it is your responsibility to ensure good and reasonable access for the delivery vehicles.
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. We reserve the right to deliver to your billing address only.
5.2 Our normal method of delivery is either by a courier service where the products will be packaged in boxes and delivered to your door, or for larger orders, via the pallet Express network where deliveries will be made using a tail lift offload vehicle and pallet truck which is a roadside drop only.† This is our standard method of delivery. Other forms of delivery are available at an additional cost and by request only. Please indicate this to us on your order or by telephone otherwise we will deliver in good faith to your road address using either of the above methods. Please remember on our standard delivery we can only give a delivery day and not a time.
5.3 Deliveries will not be completed until the goods are signed for by the customer or the customer’s nominated representative on site. If there is nobody to sign for the goods, the customer will be charged for the cost of redelivering the goods. If you no longer wish to accept the goods then you will be charged for the return of the goods to our depot.
5.4 We will endeavour to make the delivery as soon as possible after your order is accepted, paid for and monies received by us. We aim (but are not obliged) to dispatch all goods for delivery on the next working day after your payment is cleared. Providing the materials you have ordered are in stock, the usual delivery period is between 2 to 5 working days after clearance of your payment.
5.5 We reserve the right to separately ship orders of more than one item (but in such circumstances you will not charged for additional delivery charges).
5.6 Once goods have been signed for, this indicates acceptance of the goods. SmartStone cannot be held responsible for damage to the goods or their subsequent use or misuse.
5.7 If you are a business purchaser, then ownership and title in the goods you have ordered will pass to you on the later of delivery or clearance of your payment. Once goods have been delivered to you they will be held at your own risk.
5.8 Goods in transit from us to you are covered by our carrier’s insurance. Transit has deemed to have been completed on receipt of the customer’s signature
5.9 General Info: For smaller deliveries, we may use a courier network and deliveries will usually be made to your door in person. For the larger pallet deliveries, we use the pallet Network and delivery is normally kerbside only, this is our standard method of delivery . For Example…. ***The vehicles used on our standard deliveries will be large curtain-sided box vehicles. We do not deliver on flat bed vehicles therefore height access needs to be good (no overhanging trees).*** Your order is collected and taken back to the collecting depots premises, it travels overnight to a central distribution hub, from there it will go to the delivering depots premises and finally delivered to you on your allotted day . Delivery price will be confirmed on ordering.
Delivery Lead TimesOnce payment has been received, we aim to deliver all stock orders within 5 working days (working days are classed as Monday to Thursday excluding Bank Holidays) and most stock orders will be delivered based on 2 to 5 working days after date of order, however some deliveries direct from suppliers may take up to 10 working days This is providing products are in stock and available for release. We will contact you to arrange a delivery day / date. Please be sure to leave a contact telephone number We may also deliver to another address other than your billing address, please be sure to input the correct delivery address.