Terms and Conditions
General
Welcome to the Martin Moore Website. By continuing to use this Website You are indicating that You accept these Conditions of use. If You do not accept these Conditions You must not use this Website.
Please read Our privacy policy section regarding data protection and how We use the information You give Us.
The Website is intended for users in the United Kingdom only.
By using the Website You are confirming that You are at least 18 years old.
1) DEFINITIONS
In these Conditions:-
1.1 the following terms have the following meanings:
“Business Sales” sales to a Person acting in the ordinary course of his business.
“Conditions” these terms and conditions as set out in the Website.
“Consumer Sales” sales to a Person other than in his ordinary course of business.
“Contract” the contract between Us and You for the manufacture, sale and provision of the Goods.
“Delivery Address” the address set out in the Order Acknowledgement for delivery of the Goods.
“Delivery Date” the date the delivery is set out in the Order Acknowledgement.
“Goods” the goods to be purchased by You forming the subject of the Contract.
“Order” the order placed by You with Us through the Website for the manufacture, sale and provision of the Goods.
“Order
Acknowledgement” Our written acknowledgement and acceptance of Your Order.
“Person” an individual, body corporate, limited liability partnership or any entity having a separate legal personality.
“Price” the price for the Goods as set out in the Order Acknowledgement.
“Us” “We” “Our” Martin Moore Limited (Company Number 03958298).
“Website” Our website (www.martinmoorestone.com)
“You”, “Your” the Person using the Website.
1.2 the singular includes the plural and vice versa and words importing one gender include all genders.
1.3 headings are for ease of reference only.
2) ORDER AND SALE
2.1 By placing an Order You are offering to purchase the Goods on and subject to these Conditions.
2.2 The Contract comprises these Conditions, the Order and the Order Acknowledgement.
2.3 No Contract shall have been formed until the Offer constituted by Condition 2.1 has been accepted by Us and written confirmation of such acceptance has been sent by Us to You on the Order Acknowledgement. For the avoidance of doubt, e-mail confirmation of receipt of Your Order does not constitute such acceptance. You must notify Us within 7 days of the date of the Order Acknowledgement if any of the details are incorrect, otherwise the details set out in the Order Acknowledgement shall be deemed to be correct.
2.4 Only these Conditions apply to the Contract and shall override any other terms, conditions or warranties which You may seek to impose. Your acceptance of the Goods shall be conclusive evidence that these Conditions are accepted by You and apply to the Contract.
2.5 No variation to the Contract shall apply unless agreed in writing by Us.
2.6 We do not have to accept Your Order and for example, We will not accept Your Order if:
2.6.1 We do not have the Goods in stock;
2.6.2 Your payment is not authorised;
2.6.3 There is an error on Our Website regarding the Price or other details of the Goods.
We reserve the right to refuse any Order.
2.7 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.
2.8 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.
2.9 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 and any additional delivery caused by a short measurement will incur a charge for any additional Goods required and the additional delivery charge.
2.10 Where You are acting other than as a consumer, You confirm that You are not entering into the Contract on the basis of, or relying on, any representation made to You by Us that is not expressly incorporated into the Contract in writing and signed by Us.
2.11 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 Contract and signed by Us.
2.12 No Contract may be cancelled by You except with Our written agreement and on the terms that You shall indemnify Us in full against all loss including, but not limited to, loss of profit, costs (including the costs of labour and materials used), damages and other expenses incurred by Us as a result of such cancellation.
3) DESCRIPTIONS AND SAMPLES
3.1 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.
3.2 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.
3.3 We advise You to view as much of the Goods as possible before entering into the Contract.
3.4 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.
4) THE PRICE
4.1 We reserve the right, by giving notice in writing to You at any time prior to completion of the Contract, to increase the Price to reflect any increase in the cost to Us in executing the Contract due to any factor beyond Our control (including, without limitation, any increase in the cost of labour, raw materials or overheads, currency fluctuations, any change in delivery dates, quantities or specifications for the Goods arising as a result of any error or omission or changes deemed necessary by You or any delay or interruption in the Contract not attributable to Us).
4.2 All Prices are exclusive of VAT and similar taxes, which You shall be additionally liable to pay to Us upon presentation of a suitable invoice from Us.
4.3 Unless otherwise agreed in writing the Price is inclusive of packing and pallets, but exclusive of all charges and costs arising in connection with delivery of the Products (including carriage and insurance). You shall be responsible for and shall in addition to the Price pay to Us Our reasonable charges for delivery and transport and other costs incurred by Us ex works in respect of the Goods.
5) PAYMENT
5.1 Payment of the Price (and VAT or any other duty if applicable) shall be due on delivery of Our invoice which shall be made with the Order Acknowledgement (notwithstanding that delivery may not have taken place, and the title in the Goods has not passed to You). The time of payment of the Price shall be of the essence of the Contract. Payment may be made in Sterling. No Product shall be manufactured or delivered until We have received payment of the Price in full.
5.2 Interest on overdue invoices shall accrue from the date when payment became due from day to day until the date of payment at a rate of 8% per annum and shall accrue at such a rate both before and after judgment. You agree to reimburse to Us all Our costs and expenses (including legal costs on a full indemnity basis) incurred in the collection of any overdue account. If You fail to make any payment due to Us on the due date, then without prejudice to any other right or remedy available to Us, We shall be entitled to cancel the Contract so far as any Goods remain to be manufactured or delivered under it, or suspend any further manufacture or delivery of Goods.
5.3 No right of set off shall exist in respect of any claims by You against us unless and until such claims are accepted in full by Us in writing and You shall not be entitled to withhold all or any part of any sum which has become due for payment under the Contract.
5.4 If the Goods are to be delivered in instalments, then notwithstanding the provisions of Condition 5.1 We reserve the right to invoice you on the delivery of each instalment separately, and You shall pay such invoices in accordance with these Conditions.
6) DELIVERY
6.1 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 the Contract. We often use an independent delivery company for which We are not responsible so We cannot guarantee delivery times and have no responsibility for costs incurred on site due to any delay with delivery.
6.2 Your must ensure there is sufficient access and flat ground to allow the Goods to be unloaded from a large lorry, either by crane or tail lift. We will advise You of the minimum width required to permit the delivery lorry to enter onto private property, but it is Your responsibility to sure that the lorry can pass between any gate posts to the Delivery Address, and to navigate any corners and to fit on Your driveway. You must make Us aware of any access restrictions or difficulties for a large lorry. The delivery will be to the nearest practical point to permit unloading. The delivery driver has complete discretion in relation to how, where and if a delivery can be made. Once the Goods have been unloaded, the delivery driver will not handle the Goods further, and it is Your responsibility to provide sufficient labour and equipment to move the Goods from the point of unloading to Your designated area. If We were led to believe that unloading was practical at the Delivery Address, and this (in the sole discretion of the delivery driver) is not the case, You will be liable for any additional delivery charges for any redelivery or delivery to a location where unloading is practical. You must ensure that a duly authorised person is present at the Delivery Address at the actual time of delivery to sign for the Goods.
6.3 The cost of delivery is in addition to the Price and subject to VAT.
6.4 If We are not able to deliver the Goods as a result of You not complying with Your obligations under Conditions 6.2 and 6.3, the Goods will be retained by the driver and You will be responsible for any re-delivery or storage charges.
6.5 You may only collect your Goods from a location agreed in writing with Us by prior arrangement and only in a vehicle capable of being fork-lift loaded (unless otherwise agreed in writing). If You arrange transportation of the Goods, it is at Your own risk and we will not accept claims for damage or breakages.
7) RISK AND PROPERTY
7.1 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.
7.2 The ownership of the Goods will not pass to You until we have received payment of the Price in full in cleared funds.
8) UNPACKING, STACKING AND STORING
8.1 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. We cannot be held responsible for damage which occurs after delivery or, if You decide to collect the Goods, after collection.
8.2 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.
9) EXAMINATION, ACCEPTANCE AND LIMITATION OR LIABILITY
9.1 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 Conditions 9.2, 9.3 and 9.4.
Business Sales
9.2 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). 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 so notify Us Our only obligation to You will be (at Our option):
9.2.1 to make good any shortage or non-delivery; or
9.2.2 to replace or repair any damaged or defective Goods.
9.2.3 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 (whether in contract, tort (including negligence), statute or otherwise) shall in no event exceed the Price.
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.
Consumer Sales
9.3 If the Goods are not of the correct type or of satisfactory quality, ie, damaged, You should notify us as soon as possible (preferably within 7 days) and We will either refund to You the Price or make available replacement Goods (at Your option). 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.
9.4 If an incorrect amount of the Goods are delivered or collected, You should notify us as soon as possible (preferably within 7 days) 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.
9.5 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.
9.6 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.
9.7 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.
10) FIXING PRODUCTS AND INSTALLATION
10.1 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.
10.2 We do not usually 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.
10.3 We cannot therefore be responsible for the manner of installation of the Goods or for damage caused during or arising out of installation.
10.4 If We have agreed (as part of the Contract) to install the Goods, an installation date will be agreed with You. It is Your responsibility to provide a warm, secure, dry, well lit room or external area, free from all other materials or obstacles. We reserve the right to deem the location not compliant with these requirements and to delay installation until compliance has been achieved. We reserve the right to charge You all Our costs or expenses which We suffer or incur on account of delays which were not directly caused by Us, including additional deliveries, storage, and lost time associated with unprepared sites (at a rate of £300 per day per man plus VAT). Any such charges must be paid to Us in cleared funds within seven days of the date of the invoice. No additional deliveries or installation work will be made until such charges have been paid.
10.5 You must be aware of the potential for major problems caused through use of inexperienced stone fitters. Fixing stone to floors is very different from fixing tiles to a wall. We strongly recommend that You do not use inexperienced subcontractors to fit the Goods. Stone naturally varies in colour and should be blended and harmonised throughout the floor. Strong colours should be placed under furniture and in less dominant locations to reduce their impact. Correct sub-floor preparation to prevent movement and cracking is essential. Use of flexible grouts and adhesives may be necessary. Care in the selection of the pattern in which the stone is to be laid and width of the grout is essential. Wet stone must not be sealed and finished until dry.
11) INTELLECTUAL PROPERTY
11.1 You acknowledge and will respect all intellectual property rights We own or may own or those owned by a third party in the look and feel of the Website and its contents including any sounds, music, text, graphics, data, stills, photographs and moving images. Such intellectual property rights shall include any registered or unregistered intellectual property rights, rights of any type or nature including trademarks and community marks. You further agree that You will not infringe Our copyright or copyright of a third party by any method or manner now known or as may exist in the future.
11.2 You may use, store, print and download information contained in pages from this Website for Your own personal use to enable You to create a ‘wish list’ of products from the product range.
11.3 You may not copy, reproduce, distribute, republish, download, display, post or transmit any part of the Website without Our written consent.
12) USE OF THE WEBSITE
12.1 You shall not use the Website in any way that will damage it or interrupt its provision. You shall not use the Website to transmit or post any computer viruses.
12.2 We make every effort to ensure that this Website is free from viruses or defects. However, We cannot guarantee that Your use of this Website or any website accessible through it will not cause damage to Your computer. It is Your responsibility to provide adequate protection for Your equipment which You use to access this Website. We will not be liable to You or anyone else for any loss or damage which may be caused to any equipment arising as a result of Your use of this Website.
12.3 We will try to make sure that the Website is always available. However, this will not always be possible and We will not be liable if the Website is unavailable for any reason.