Please read these terms and conditions carefully, they contain important
information about your rights and obligations.
A Introduction
A.1 Please read these
terms and conditions carefully before using the web site operated
by “The Heritage Stone Company” (“we” or
“us).
A.2 Without prejudice
to the above, by using or accessing our web site and/or placing
an order you agree to be legally bound by these terms and conditions
of use as they apply to your use of or access to our web site.
A.3 If you do not wish
to be bound by these terms and conditions then you should not use
our web site.
B. Our web site
B.1 Our web site is a
place for you to select and order any goods to be supplied to you
by us (the “Products”). Our web site describes the Products
in more detail.
B.2 Please note that the
contents of our web site are aimed at users aged 18 and above. You
must be over 18 years to purchase the Products using the payment
method displayed on our web site.
C. Purchasing
products from this web site
C.1 To order a product
you will need to follow the ordering procedures set out on our web
site.
C.2 Details of our prices
for the Products and the procedures for payment and delivery are
displayed on our web site. You must pay by credit or debit card
at the time of order. The price of any Product is the price in force
at the date and time of your order. We may change the price of any
Product before you place an order.
We try to ensure that
our prices displayed on our web site are accurate but the price
on your order will need to be validated by us as part of the acceptance
procedure. We will inform you if a Product’s correct price
is higher than that stated in your order and you may cancel the
order and decide whether or not to order the product at the correct
price.
C.3 “The Heritage
Stone Company” is entitled to refuse any order placed by you.
If your order is accepted, we will confirm acceptance to you by
online electronic means to the email address you have given us on
registration or on ordering. The order will be fulfilled by the
date set out in the confirmation or if the confirmation contains
no date, within 30 days.
C.4 You undertake that
all details you provide to us for the purpose of purchasing goods
or services which may be offered by us on our web site will be correct,
that the credit or debit card which you use is your own and that
there are sufficient funds or credit facilities to cover the cost
of any goods or services. We reserve the right to obtain validation
of your credit or debit card details before providing you with any
goods or services.
C.5 If the Product ordered
by you is unavailable we may provide to you a substitute of an equivalent
quality and price. Sometimes product specifications may change,
in which event; we will do our best of offer you a substitute of
the same or better quality.
D. Returns
D.1 The provisions set
out in this paragraph 4 are only for the benefit of customers who
are entitled to rely on the Consumer Protection (Distance Selling)
Regulations 2000.
D.2 You may return any
Products you have purchased within 7 working days of delivery for
any reason (including if you simply change your mind). To do so
you must notify us in writing or other durable medium (including
email) within those 7 working days. You will then be entitled to
a refund or where applicable a replacement on goods damaged on delivery
from “The Heritage Stone Company”, which will be paid/delivered
as soon as possible, but in the event of a refund within 30 days.
You must arrange for and
pay the costs of returning to “The Heritage Stone Company”.
On request, we will collect the Products from you, but the cost
of this will be charged to you and we may deduct this from the refund.
While in your possession, you must keep any Products you intend
to return to us in good condition.
D.3 If:
D.3.1 the Product delivered
is not what you ordered (including any substitute product) ; or
D.3.2 the Product delivered is not of a satisfactory quality;
“The Heritage Stone Company” will, at its option, deliver
to you a replacement Product or refund to you the price paid and
your reasonable costs of returning the Products. Or where appropriate
on request collection could be arranged.
D.4 If you have any complaints,
you should direct them to us via email or by post to:
The
Heritage Stone Centre Ltd (trading
as Heritage Stone Company)
Unit 3
Pimhill
Harmer Hill
Shrewsbury
Shropshire
SY4 3DY
Telephone:
+44 (0) 1939 210 702
Fax: +44 (0) 1939 290 772
Email: info@heritagestonecompany.com
E. Modifications
to our web site
We reserve the right to
alter, suspend or discontinue any aspect of our web site or the
content or services available through it, including your access
to it. Unless explicitly stated any new features including new content
and/or the sale of new Products shall be subject to these terms
and conditions.
F. The Information
you provide us
F.1 The following applies to any information you provide to us,
for example during any registration or ordering process:
F.1.1 You authorise us
to use, store or otherwise process any personal information which
relates to and identifies you, including but not limited to your
name and address, to the extent reasonably necessary to provide
the services which are available through our web site by us or our
sub-contractors. If you obtain or choose to buy Products through
our web site then we may collect information about your buying behaviour
and if you send us personal correspondence such as e-mails or letters
then we may collect this information into a file specific to you
(together, the various purposes set out in this paragraph and in
our privacy policy shall be known as “the Purposes”).
All such information collected by us shall be referred to in these
terms and conditions as “Personal Information”.
F.1.2 You must ensure
that the Personal Information you provide is accurate and complete
and that all ordering or registration details (where applicable)
contain your correct name, address and other requested details.
For more information about how we deal with your Personal Information,
please read our privacy policy.
F.2 By accepting these
terms and conditions, you agree to the processing and disclosure
of the Personal Information for the Purposes. You also agree that
the Purposes may be amended to include other uses or disclosures
of Personal Information following notification to you by means of
a notice on our web site, which you should check regularly. If you
would like to review or modify any part of your Personal Information
then you should contact us. Our contact details are set out in our
privacy policy.
G. The use of
our web site
G.1 We have used our best
endeavours to ensure that our web site complies with UK law. However,
we make no representations that the materials on our web site are
appropriate or available for use in locations outside the United
Kingdom.
G.2 “The Heritage
Stone Company” makes no warranties, express or implied that
making the Products available in any particular jurisdiction outside
the UK is permitted under any applicable non-UK laws or regulations.
Accordingly, if making the Products or any part available in your
jurisdiction or to you (by reason of nationality, residence or otherwise)
is prohibited, those Products are not offered for sale to you. You
accept that if you are resident outside the UK, you must satisfy
yourself that you are lawfully able to purchase the Products. “The
Heritage Stone Company” accepts no liability, to the extent
permitted by applicable law, for any costs, losses or damages resulting
from or related to the purchase or attempted purchase of the Products
by persons in jurisdictions outside the UK or who are nominees of
or trustees for citizens, residents or nationals of other countries.
H. Copyright and Monitoring
The contents of our web
site are protected by international copyright laws and other intellectual
property rights. The owner of these rights is “The Heritage
Stone Company” or other third party licensors. All product
and company names and logos mentioned in our web site are the trade
marks, service marks or trading names of their respective owners,
including us. You may download material from our web site for the
sole purpose of placing an order with “The Heritage Stone
Company” or using our web site as a shopping resource.
However, you may not modify, copy, reproduce, republish, upload,
post, transmit or distribute, by any means or in any manner, any
material or information on or downloaded from our web site including
but not limited to text, graphics, video, messages, code and/or
software without our prior written consent, except where expressly
invited to do so, for example in order to complete any test or questionnaire.
I. Linked sites
and our web site
'The Heritage Stone Company'
makes no representations whatsoever about any other web sites which
you may access through our web site or which may link to our web
site. When you access any other web site you understand that it
is independent from “The Heritage Stone Company” and
that we have no control over the content or availability of that
web site. In addition, a link to any other site does not mean that
“The Heritage Stone Company” endorses or accepts any
responsibility for the content, or the use of, such a web site and
shall not be liable for any loss or damage caused or alleged to
be caused by or in connection with use of or reliance on any content,
goods or services available on or through any other web or resource.
Any concerns regarding any external link should be directed to its
web site administrator.
J. The Availability
of this web site
We will try to make our
web site available but cannot guarantee that our web site will operate
continuously or without interruptions or is error free and can accept
no liability for its unavailability. You must not attempt to interfere
with the proper working of our web site and, in particular, you
must not attempt to circumvent security, tamper with, hack into,
or otherwise disrupt any computer system, server, web site, router
or any other internet connected device.
K. Liability
K.1 Save as expressly
provided in these terms and conditions and except where Products
are sold to a person dealing as a consumer within the meaning of
the Unfair Contract Terms Act 1977, all warranties, conditions or
other terms implied by statute or common law are excluded to the
fullest extent permitted by law. We will do our best to ensure that
all materials and information published on our web site are accurate,
but please note that all materials and information on our web site
are provided on an ‘as is’ basis.
K.2 In relation to the
purchase of Products, we accept no liability for any indirect or
consequential loss or damage, or for any loss of data, profit, revenue
or business (whether direct or indirect), however caused, even if
foreseeable. In circumstances where you suffer loss or damage arising
out of or in connection with the viewing, use or performance of
our web site or its contents other than as a direct result of purchasing
Products, we accept no liability for this loss or damage (except
where we have been negligent) whether due to inaccuracy, error,
omission or any other cause and whether on the part of “The
Heritage Stone Company” or our servants, agents or any other
person.
K.3 If we are liable to
you for any reason, our liability will be limited to the amount
paid by you for the Product concerned. This limit does not apply
to any liability we may have for death or personal injury resulting
from our negligence or our statutory liability for defective goods
under the Consumer Protection Act 1987.
K.4 You are responsible
for ensuring that your computer system meets all relevant technical
specifications necessary to use our web site and is compatible with
our web site. You also understand that we cannot and do not guarantee
or warrant that any material available for downloading from our
web site will be free from infection, viruses and/or other code
that has contaminating or destructive properties. You are responsible
for implementing sufficient procedures and virus checks (including
anti-virus and other security checks) to satisfy your particular
requirements for the accuracy of data input and output.
K.5 The limitations and
exclusions in this clause only apply to the extent permitted by
English law. Where goods are sold under a consumer transaction (as
defined by the Consumer Transactions (Restrictions on Statements)
Order 1976) the statutory rights of the consumer are not affected
by these terms and conditions.
L. General
L.1 We may alter these
terms and conditions from time to time and post the new version
on our web site, following which all use of our web site will be
governed by that version. You must check the terms and conditions
on the web site regularly.
L.2 These terms and conditions
together with the privacy policy, any order form and payment method
instructions, if any, are the whole agreement between you and “The
Heritage Stone Company”. You acknowledge that you have not
entered into this agreement in reliance upon any warranty or representation
made by “The Heritage Stone Company” or any other person
and you waive any rights to damages/rescission you may have for
misrepresentation (other than a fraudulent misrepresentation) that
is not contained in the terms and conditions, privacy policy, order
form and payment method instructions.
L.3 If any provision or
term of these terms and conditions shall become or be declared illegal,
invalid or unenforceable for any reason whatsoever, such term or
provision shall be divisible from the other terms and conditions
and shall be deemed to be deleted from them.
L.4 These terms and conditions
and your use of our web site are governed by English law and you
submit to the exclusive jurisdiction of the English courts.
M. Notices
M.1 All notices shall
be given:
M.1.1 to us via email at info@heritagestonecompany.com
; or
M.1.2 To you at either the e-mail or postal address you provide
during any ordering or registration process.
Notice will be deemed
received when an email is received in full (or else on the next
business day if it is received on a weekend or a public holiday
in the place of receipt) or 3 days after the date of posting.
N. Privacy Policy
N.1. “The Heritage
Stone Company” is the owner of any personal information (by
which a user is identifiable and referred to as “Personal
Information”) collected on this web site (“Site”).
N.2. We respect your privacy
and do not collect any Personal Information from users except when
specifically and knowingly provided by such users through our request
forms. The Personal Information which you provide will be kept confidential.
We will not sell; share, lease or otherwise transfer or dispose
of such Personal Information other than as described in this Privacy
Policy without the user’s prior consent or as may otherwise
be permitted under the Data Protection Act 1998. We are registered
under the Data Protection Act 1998 and comply with its provisions
in all our dealings with Personal Information.
N.3. A user will be asked
to provide contact information (such as name, mailing and email
addresses) on a request form. This information is used to contact
the user about the services and information on the Site in respect
of which the user has expressed an interest and for the “The
Heritage Stone Company” marketing and mailing purposes. We
do not disclose or sell Personal Information outside “The
Heritage Stone Company”. We may use your Personal Information
for future email mailings, support, notification of new products
or business activities, general correspondence regarding the products
or business activities and correspondence which may relate to you.
If you would rather not receive future emails or information from
us please inform us. Our contact details are set out below.
N.4. A cookie is a piece
of data stored locally on your computer and contains information
about your activities on the internet. On our Site we use cookies
to track users’ progress through the Site allowing us to make
improvements to the Site, for example so that a user does not need
to log in a password more than once. If a user rejects a cookie
the user will still be able to access the site. However, the user
may not be able to access all of the features on the Site.
N.5. This Site contains
links to other sites. Please be aware that we are not responsible
for the privacy practices of such other sites. This privacy policy
applies only to Personal Information collected by this Site.
N.6. Any Personal Information
provided to us shall not be released to third parties outside “The
Heritage Stone Company” or transferred outside the EEA without
the user’s prior consent save where it may otherwise be permitted
by the Data Protection Act 1998.
N.7. In accordance with
UK data protection legislation, we need your consent to process
or transfer your Personal Information for any purpose to which you
do not consent when providing us with such Personal Information,
for example, the transfer of such Personal Information outside the
EEA. By submitting your personal details on the request form or
otherwise through or in connection with the Site, you will be taken
to have provided consent to the use of any and all such Personal
Information for the purposes set out in this Privacy Policy. If
you do not agree to such use, you have the option not to submit
such Personal Information.
N.8. Users have an opportunity
to ‘opt-out’ of having their Personal Information used
for purposes not directly related to our Site at the point where
we ask for such information to be provided on the request form as
we require the user to tick a box if the user wishes to receive
further information on related products or
from other companies within “The Heritage Stone Company”.
We inform users of the Site when their Personal Information is being
collected so that such users may make an informed choice whether
to proceed.
N.9. For
further information from us on data protection and privacy or to
amend or update your contact details please contact:
The
Heritage Stone Centre Ltd (trading
as Heritage Stone Company)
Unit 3
Pimhill
Harmer Hill
Shrewsbury
Shropshire
SY4 3DY
Telephone:
+44 (0) 1939 210 702
Fax: +44 (0) 1939 290 772
Information
on the Data Protection Act 1998 is also on the Information Commissioner’s
web site at www.dataprotection.gov.uk |