|These terms and conditions apply to all purchases made from the Black Mountain Quarries, including both online purchases and those made by post, phone and fax.Black Mountain Quarries Ltd
Registered office: Howton Court, Pontrilas, Herefordshire, HR2 0BG
Registered in England No. 5379019
In these terms and conditions of sale, “the Company” shall mean Black Mountain Quarries Ltd and “the Customer” shall mean the company or person placing an order with the Company.
By placing an order with the Company, the Customer agrees to be bound by and accepts these terms and conditions of sale. These terms and conditions supersede and replace any prior written or oral agreements, representations or understandings between the Company and the Customer.
The Customer acknowledges that it shall not purchase the goods on the basis of, or having relied upon, any representation, information or advice given to it by the Company or its staff.
All orders for goods are subject to availability. The Company will inform the Customer as soon as possible if the goods are not available.
It is the Customer’s responsibility to check that all details of its order are correct.
The Company will not be liable for any typographical error or omission in any print or web document.
Prices shall be exclusive of VAT, delivery and any customs or import duties, which shall be payable in addition.
Prices, quotations or estimates are those current on the date when given or when set out on the Company’s web site, but the Company shall have the right to vary them without notice for any reason, including but not limited to:
an increase in supplier’s prices; or
an increase in labour/materials costs; or
any additional costs caused by the Customer including, but not limited to, late or altered instructions, or amended delivery schedules.
Given that different consignments of the same products may differ in appearance, colour and size, it is recommended that the Customer ensures that it orders enough of the goods to cover the entire area which it wishes to cover, in order to obtain, as far as possible, an even blend of colour and size.
Local Stone Roofing Tiles
These tiles should be stored for 6 months before laying. Storage is the responsibility of the Purchaser. All stone roofing is sold as freshly cut, new, not stored.
Examination and Acceptance
If the Customer is acting in the course of its business, paragraph (i) applies. If the Customer is not acting in the course of its business (ie it is a consumer), then clauses (ii), (iii) and (iv) apply.
(i) The Customer 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, the Customer must notify the Company within 48 hours of delivery or collection (as the case may be) for correction, replacement or refund of all or part of the price (at the Company’s option), which will be the Customer’s sole remedy. If the Customer does not reject them within this time, it will be deemed to have accepted them and the Company will have no liability to it. The foregoing sets out the Customer’s 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.
(ii) If the goods are not of the correct type, of satisfactory quality and undamaged and the Customer notifies the Company within 7 days (starting on the day after the day of delivery or on the day after the day of collection, as appropriate), the Customer will be entitled to reject them and the Company will either refund to the Customer the price of the goods (including delivery charges) or make available replacement goods (at the Customer’s option). If the Customer opts for replacement goods and it paid for delivery of the original goods, the Company will deliver the replacements to the Customer; if the Customer collected the original goods, the Company will make the replacements available for collection by the Customer.
(iii) If an incorrect amount of the goods is delivered or collected and the Customer notifies the Company within the 7 days, the Company will arrange to deliver or make available (as appropriate) the correct quantity of the goods.
(iv) The Customer will be deemed (assumed) to have accepted the goods if the Customer has not returned them to the Company or informed the Company of their rejection within the 7 days, or if the Customer has used, laid or installed them.
Right of Cancellation for Consumers
This paragraph only applies if the Customer is acting for a purpose outside its business or if the Customer has not visited the Company’s premises in relation to its order for the goods.
The Customer may cancel its order within 7 working days beginning the day after it receives the goods.
The Customer cannot cancel if the goods are made specifically for it, or it has installed or laid or used them, or if it has damaged the goods in any way.
If the Customer wishes to return the goods then it must send them to the Company, or the Company can collect them from the Customer. The Customer must pay for the cost of sending the goods back to the Company or the Company’s cost of collection. The goods must be returned undamaged and unaltered.
To cancel, the Customer must let the Company know in writing that it wishes to cancel. It may do so by personal delivery, letter, fax or email sent within the 7 days to the Company at the address set out above. If the Customer tells the Company verbally, it will nevertheless need to confirm in writing within the 7 days.
For general help and information see our Delivery section.
Due to the special nature of our products, our normal method of delivery within the UK is by a multi-drop courier, who will supply a kerbside delivery service to your specified delivery address. When we receive your order we will contact you to arrange a convenient day for delivery. Deliveries for stock products are normally made within five working days. A signature will be required for all deliveries. For large quantities or where a kerbside delivery is not convenient, you can contact us to arrange a quotation for your required delivery method.
For certain products we may require more specific information to calculate the delivery charge. These products will be marked as ‘Call for Delivery’ and will require you to contact us for a delivery quotation. If you have processed your order online prior to contacting us for a quotation, we will contact you to discuss delivery charges and process payment. Alternatively you may choose to process your entire order over the phone when obtaining your delivery quotation.
Time of delivery is not guaranteed nor of the essence. Any schedule given by the Company for delivery is given in good faith and the Company shall endeavour to comply with it. The Company will be in no circumstances be liable for any costs or expenses incurred as a result of late or non-delivery.
Access to the delivery point must be on level, hard standing. The Company reserves the right (in its absolute discretion) not to deliver the goods or to deliver them to the nearest area of level, hard standing in the event that the delivery point is not on level, hard standing.
It is the Customer’s responsibility to make the Company aware of any access restrictions or difficulties and to ensure that a responsible person is on site to supervise off-loading.
Should the Company decide not to deliver the goods as a result of the foregoing, the Customer shall nevertheless be responsible for the costs of delivery, re-delivery (if applicable) and storage.
Should the Company decide to carry out the delivery to the delivery point even though it is not on hard standing or there are access restrictions or difficulties, the Customer shall indemnify the Company for any loss or damage caused to the delivery vehicle or goods and for any injury to any person directly or indirectly resulting.
Where delivery or collection of an order is made by instalments, each delivery or collection will be deemed to be the subject of a separate contract. Any failure by the Company in respect of any one delivery shall not entitle the Customer to repudiate the order or any remaining instalments to be delivered.
For delivery practicalities please also see our Delivery page.
Payment is due before delivery unless credit facilities have been agreed in advance. All invoices allocated to credit accounts to be paid no later than 30 days after the last day of the month in which the items are despatched. The Company may, on due notice in writing at any time withdraw or alter the credit facilities that it has extended to the Customer.
The Customer shall make all payments due under the contract without any deduction whether by way of set-off, counterclaim, discount or otherwise, unless they have written confirmation from the Company.
If the Customer fails to pay the Company any sum due by the due date, the Company may suspend further deliveries until payment is made or terminate the contract. The Customer will be liable to pay interest to the Company on such sum from the due date at the monthly rate of base rate plus 2% of Natwest Bank Plc from time to time, accruing on a daily basis until payment is received. The Company reserves the right to claim interest and compensation for late payment under the Late Payment of Commercial Debts (Interest) Act 1998.
Limitation of Liability
The remedies set out at “Examination and Acceptance” shall be the sole remedies of the Customer to the fullest extent permitted by law.
The Company’s liability to the Customer (whether in contract, tort (including negligence) or statute) shall in any event be limited to the price paid for the goods (including delivery). The Company shall not be liable for loss of profit, business, goodwill, reputation, anticipated savings or for any indirect or consequential loss.
Nothing in these terms and conditions shall limit any rights which the Customer may have as a consumer under statute or to limit the Company’s liability for death or personal injury caused by the Company’s negligence or for fraud or fraudulent misrepresentation.
Risk & Title
Unless otherwise stated, title to the goods passes to the Customer upon receipt of payment in full for the goods, in cleared funds.
Risk of damage to, or loss of, the goods shall pass to the Customer at the time when the goods are either collected by the Customer at the Company’s premises, or when delivery is made to the address specified by the Customer.
Samples, Variations, Quantities and Suitability
Samples submitted by the Company are an approximate indication of texture, size, colours and general appearance only. Technical or other data are intended as guide only. As the products are all natural materials, there may be significant colour and surface differences between a number of items within the same range.
Variations in colour will occur as stone and timber are natural products. With time after laying fading can occur. This is a natural process for which the Company will not be liable or responsible.
It is the Customer’s responsibility to ensure that it has ordered the correct quantity of goods.
The Company does not give any warranty as to the suitability of the goods for any given environment.
The Company shall not be liable for any failure to supply or deliver the goods to the Purchaser arising from circumstances outside its reasonable control.
The information, descriptions and images appearing on the Company’s web site are for information only and should not be relied upon. The Company reserves the right to modify the content of its web site at any time and without prior notification, such changes to take effect on publication.
Any variations to these terms and conditions must be in writing and signed by a director of the Company.
No third parties are intended to have any right to enforce any provision of these terms and conditions.
Price & Payment
The price for the goods will be as specified on the Black Mountain Quarries web site at the date and time at which you order them. Unless otherwise stated the price does not include delivery charges or VAT which are extra. Where prices are shown to include VAT this is at the current rate in the UK where applicable.
Any customs or import duties levied once the package reaches your country will be the responsibility of the customer as we have no control over these charges and cannot predict what they might be.
We accept all major credit and debit cards, including Visa, MasterCard, Eurocard, Switch, Solo, JCB, and Visa Electron. We do not currently accept Diners, American Express or Laser. All transactions are in pounds Sterling (£).
We also accept orders paid by cheque if you prefer. Cheques should be made payable to Black Mountain Quarries Ltd. For security reasons orders cannot be despatched until your cheque has cleared.
All purchases are processed through WorldPay, an internationally-recognised and separate secure payment processing system affiliated to a major UK bank. Your credit or debit card information is encrypted before being securely transmitted over the internet, meaning that only we are able to decode it to obtain your personal details.
For your security, none of your personal or card details are held on the website. Although this means that you will need to re-enter the information every time you order, it protects you from the possibility of someone else obtaining your details on a shared computer.
In the event of unauthorised use of your credit or debit card, most banks and card issuers either wholly cover all charges incurred, or if they hold you responsible, may limit your liability to just £50.00.
In the unlikely event that your credit or debit card is used fraudulently as a direct result of shopping with Black Mountain Quarries, we will cover your liability up to £50.00, providing the unauthorised use is through no fault of your own.
In the event of unauthorised use of your credit or debit card, you must notify your card provider in accordance with its reporting rules and procedures.
Responsibility For The Goods
You will be responsible for the Goods from the time when they are delivered to you. We will assume responsibility for the Goods while they are in transit so that if they are damaged on arrival under our returns policy we will replace them free of charge. To take advantage of our returns policy, you must, however, inform us within 3 working days of their being delivered to you that they are damaged. You can contact us on 01981 241 541. If they do not arrive at all we will also replace the Goods free of charge.
Some of our products are made to order, which means that we cannot exchange or take back an item unless it is actually defective. If this is the case, we will let you know that the item is non-returnable before we process your order. We realise it’s difficult to know exactly what you’re getting when you buy from a photo, so for made-to-order items we can arrange to send you material samples in advance.
With all other products, we are happy to exchange for another Black Mountain Quarries product or provide a full refund as required, if, when you receive your order you decide you don’t want it. You must contact us within 3 days of receipt, then return the item in perfect condition and in the original packaging within 30 days from the date of purchase. When returning items we strongly recommend you obtain proof of postage/delivery, as we can’t accept responsibility for parcels lost in transit. We regret that you may be required to pay an additional delivery charge to cover costs incurred as a result of returning the item and sending out a replacement.
Damaged or Defective Goods
You must contact us within 3 days of receipt if items are damaged or defective on arrival. Goods which have been damaged in transit, or don’t work, or are different from the information given about them on the site, can be replaced at no cost with free delivery. If this is the case, please let us know by clicking the checkbox on the form.
Black Mountain Quarries Ltd., Howton Court , Pontrilas, Herefordshire , HR2 0BG
Company Registration Number 5379019
Vat Registration Number 850975692
We follow strict security procedures, as required by the UK Data Protection Legislation regarding the storage and disclosure of any information given by you. Under these guidelines we offer our assurance of total confidentiality and promise that your details will not be disclosed to any to other companies other than to fulfill your order, in which case the minimal information will be supplied.
If you have selected to receive future updates, you will be emailed information about Black Mountain Quarries, offers & promotions from time to time. You can unsubscribe at any time by emailing us at firstname.lastname@example.org and writing “unsubscribe” in the subject heading. We will not supply your email address to any third party.
You may only use the web site for lawful purposes. You must not illegally transmit, distribute or store any material or violate any applicable regulation. This includes, without limitation, material which is protected by copyright, trademark, trade secret or intellectual property right which you use without permission.
In the interests of all our users, Black Mountain Quarries will co-operate with investigations by any law enforcement or relevant authorities of suspected criminal activity or violation of systems or network.
Governing Law And Disputes
Any dispute arising in any way in relation to this web site shall be governed by English Law and any such dispute shall be referred to the English Courts.
If any provision in these terms is found to be invalid by any court, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.
Intellectual Property Rights
Any intellectual property rights of whatever nature arising in respect of the name, brand, interface design, graphics, software, underlying source code and all other material (the ‘Content’) on the Black Mountain Quarries website belong to Black Mountain Quarries and Futura Interactive Limited or its licensers, all rights reserved.
The copyright of all of the products within the shop belong to third parties.
If you would like to use any of the material on the site in any way other than to make a purchase, please email us at email@example.com. Please don’t copy it, modify it or try to publish it without our permission, because we’ll be obliged to take issue.
Black Mountain Quarries Ltd, Howton Court, Pontrilas, Herefordshire, HR2 0BG. United Kingdom.