Terms of service

1. TERMS AND CONDITIONS

This section, along with any documents referred to within it, comprises the terms and conditions (“Terms”) on and subject to which you make use of Stonelux Limited’s (“Stonelux” or “our”) websites at www.stonelux.co.uk (“the Website”). The Terms apply to the supply to you of any of the goods provided through the Website (“Goods”).

2. CONDITIONS OF USE

Please read these Terms carefully before you start to use the website and before placing your order.

By using the Website, you indicate that you accept the Terms and you agree to abide by them. Should you refuse the Terms, you cannot purchase the Goods from the Website.

If you choose to access the Website from a country other than the United Kingdom you do so on your own initiative and are responsible for compliance with applicable local laws.

3. YOUR STATUS

By placing an order for Goods through the Website you warrant that you are legally capable of entering into binding contracts, you are resident in, and accessing the Website from, the United Kingdom or Northern Ireland; and you are at least 18 years of age.

4. ORDERS

4.1 Your order constitutes an offer to Stonelux to purchase the Goods and is not a contract of sale (“Contract”). The Contract is confirmed upon dispatch of the Goods.

4.2 All orders are subject to availability. Stonelux reserves the right to refuse any order at its discretion.

4.3 The Goods purchased through the Website are supplied for domestic, private or business end-use only. You may not resell, distribute or otherwise supply the Goods to any third party unless expressly authorised in writing by Stonelux under a separate distribution or resale agreement.

5. PRICE

5.1 All prices quoted on the Website are inclusive of VAT at the standard rate.

5.2 The availability, specification and price Goods are subject to change without notice.

5.3 All descriptions, drawings and specification on the Website are for illustrative purposes only and are not binding on us. Stonelux does not warrant that product descriptions or other Website content is accurate, complete, reliable or error free.

5.4 From time to time there may be information on the Website that contains typographical errors, inaccuracies or omission relating to product descriptions, pricing, and availability. We are under no obligation to provide mispriced Goods and an incorrect (lower) price if the pricing error is obvious and unmistakeable and could reasonably have been recognised as incorrect pricing.

6. DISPATCH AND DELIVERY

6.1 All dispatch and delivery times are estimates only and are not guaranteed. Time is not of the essence of the Contract.

6.2 Goods will usually be dispatched within four (4) working days (“Working Days” means Monday to Friday, excluding bank holidays). For orders exceeding four hundred (400) litres in total volume, extended lead times may apply. You are responsible for contacting Stonelux in advance for information on dispatch times for such orders.

6.3 Delivery times apply after dispatch, not from date of order. 

6.4 Orders placed after 12pm, at weekends, or on bank holidays may be processed on the next working day. For dispatch timeframes, the first full working day begins after the order has been processed. For example, if an order is received after 12pm on a Monday and processed  on Tuesday morning, Day 1 of the dispatch process will be Wednesday. 

6.5 DELIVERY AND RISK (CONSUMERS)

6.5.1 Delivery shall be deemed completed when the Goods are delivered to the delivery address provided by you and come into the physical possession of you or any person at that address who reasonably appears authorised to accept delivery on your behalf.

6.5.2 Risk in the Goods shall pass at the time delivery is deemed completed in accordance with clause 6.5.1.

6.5.3 Where you instruct Stonelux or the relevant carrier to leave the Goods unattended or in a specified safe place, or in accordance with any alternative delivery instruction provided by you, delivery shall be deemed completed and risk shall pass once the Goods have been left in accordance with those instructions.

6.6 DELIVERY AND RISK (BUSINESS CUSTOMERS)

6.6.1 Delivery shall be deemed completed upon the first delivery attempt to the address provided by you or, where you have requested or authorised any alternative delivery instruction, to the address or location specified in accordance with that instruction, including any nominated safe place, neighbour, parcel shop, depot or collection point.

6.6.2 Risk in the Goods shall pass to you upon such first delivery attempt, whether or not the Goods are physically received by you, and including where the Goods are left in accordance with any delivery instruction, delivery preference, nominated safe place, redirection request or other alternative delivery arrangement made by you or on your behalf.

6.6.3 Once risk has passed to you under clause 6.6.2, any subsequent loss, theft or damage to the Goods, including during or after any further delivery attempt, storage, holding period, collection, redirection or other delivery arrangement, shall be at your risk.

6.7 FAILED OR RETURNED DELIVERIES

6.7.1 Where Goods are returned to Stonelux for reasons not attributable to our error, including but not limited to incorrect or incomplete delivery details, failure to accept delivery, failure to rearrange delivery, failure to collect from a depot or collection point, refusal of delivery, restricted or inaccessible premises, or failure to pay customs duties or related charges (where applicable).  Stonelux reserves the right to deduct from any refund due:

(a) the original delivery charge;

(b) any return carriage charges incurred; and 

(c) any reasonable administrative or handling costs directly arising from the failed delivery. 

6.7.2 In such circumstances, and where the return is due to failed delivery not attributable to Stonelux, the Contract shall be treated as terminated once the Goods are returned to Stonelux.

6.7.3 This clause does not affect your statutory rights if you are a Consumer.

6.8 Couriers or carriers may require a person aged 18 or over to accept delivery.

6.9 Where you provide instructions to a courier, carrier or Royal Mail to leave Goods unattended, redirect delivery, or where you have a pre-existing delivery preference or nominated safe place registered with the courier, delivery will be deemed completed once the Goods have been left in accordance with those instructions or delivery preferences. Risk in the Goods passes to you at the time the Goods are left in accordance with those instructions or delivery preferences, and we accept no responsibility for any loss, damage or theft thereafter.

6.10 Stonelux reserves the right to deliver an order in instalments. Each instalment constitutes a separate contract, and failure to deliver one or more instalments does not entitle you to terminate the Contract as a whole.

6.11 Deliveries to certain locations (including Scotland, Northern Ireland, the Channel Islands, Isle of Man and Isle of Wight) may take longer and may attract delivery surcharges.

8.3 We do not in any way exclude or limit our liability for:

8.3.1 death or personal injury caused by our negligence;

8.3.2 fraud or fraudulent misrepresentation;

8.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

8.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

8.3.5 defective products under the Consumer Protection Act 1987.

9. LIABILITY (BUSINESSES)

9.1.1 death or personal injury caused by our negligence;

9.1.2 fraud or fraudulent misrepresentation;

9.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

9.1.4 defective products under the Consumer Protection Act 1987.

9.2 Subject to clause 9.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

9.2.1 any loss of profits, sales, business, or revenue;

9.2.2 loss or corruption of data, information or software;

9.2.3 loss of business opportunity;

9.2.4 loss of anticipated savings;

9.2.5 loss of goodwill; or

9.2.6 any indirect or consequential loss.

9.3 Subject to clause 9.1 and clause 9.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the invoice price of the Goods purchased.

9.4 Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

10. CANCELLATION

10.1 If you are a consumer, you may cancel the Contract within fourteen (14) days from the date you received the Goods, unless your Goods fall within the exclusions set out below.

10.1.1 Excluded Goods are: Stone Fleck and Antiqued Stone finishes (as these are mixed to order); custom-made items, such as hand-painted swatches, colour matches and bespoke colours; and tubs and paint cans that have been opened.

10.1.2 If exercising your right to cancel, you must return the Goods to us without undue delay and in any event within fourteen (14) days of notifying us of the cancellation. The Goods must be returned in the same condition in which you received them (unopened, seal unbroken and in their original packaging), and at your own cost and risk.

10.1.3 You have a legal obligation to take reasonable care of the Goods while they are in your possession. We reserve the right to reduce the refund to reflect any reduction in the resale value of the Goods resulting from handling beyond what is necessary.

10.1.4 To cancel the Contract you should contact Stonelux on 01405 720281 or send an email notification of cancellation to info@stonelux.co.uk. Cancellation of a Contract is effective from the date of the phone call or when the email is sent.

10.2 If you are not a consumer, you have no statutory right to cancel the Contract. However, you may be eligible to return Goods under Stonelux’s goodwill returns policy set out in Section 13.

10.3 Stonelux reserves the right to cancel the Contract at any time and/or claim damages for breach of contract if we suspect that you have made a fraudulent misstatement to us, whether orally or in writing, prior to or after entering into the Contract.

11. FAULTY GOODS (CONSUMERS)

11.1 If the Goods are delivered damaged, incorrect or otherwise visibly not in conformity with the Contract, you should notify Stonelux as soon as reasonably practicable and, where applicable, within forty-eight (48) hours of delivery, providing your order number and clear photographs of the Goods and packaging. This is required to enable prompt investigation and any claim against our courier.

11.2 Minor leakage or seepage in transit shall not be treated as a defect where it does not affect the quality or performance of the Goods.

11.3 Any rejection of the Goods must be notified to Stonelux within thirty (30) days of delivery. Goods may not be returned without prior authorisation. A returns authorisation (RA) number and return instructions must be obtained before dispatch.

11.4 Stonelux reserves the right to request reasonable evidence of any alleged defect and to require the Goods to be returned for inspection before any remedy is provided. Failure to provide reasonable evidence or to preserve the Goods for inspection may affect the resolution of your claim.

11.5 Where return instructions are issued by Stonelux, the Goods must be dispatched within fourteen (14) days of those instructions being issued. If the Goods are not dispatched within that period, Stonelux may treat the rejection as withdrawn.

11.6 Goods must be returned at your own cost and risk. Where Goods are confirmed to be faulty following inspection, Stonelux will reimburse your reasonable return postage costs upon presentation of proof of payment.

11.7 Where the Goods are found not to be faulty or not in breach of contract, return carriage costs shall remain your responsibility and Stonelux reserves the right to recover reasonable inspection and handling costs. The Goods will be returned to you at your cost upon payment of the applicable carriage charge. If payment or return instructions are not provided within fourteen (14) days of notification, the Goods will be disposed of without further liability.

11.8 A refund will only be issued once the Goods have been received and inspected and confirmed to be faulty. Where deterioration in the condition of the Goods occurs after notification of rejection due to delay in return or failure to take reasonable care, Stonelux reserves the right to make a reasonable deduction to reflect any reduction in value. Any refund due will be processed without undue delay.

12. FAULTY GOODS (BUSINESS CUSTOMERS)

12.1 This clause applies only if you are a Business Customer. You must inspect the Goods immediately upon delivery.

12.2 Any damage, shortages or defects must be notified to Stonelux in writing within forty-eight (48) hours of delivery, together with reasonable supporting evidence. Failure to notify within that period shall constitute acceptance of the Goods and a waiver of any right to reject on that basis.

12.3 Minor leakage or seepage in transit which does not affect the quality or performance of the Goods shall not be treated as a defect.

12.4 Goods alleged to be defective must not be returned without prior written authorisation from Stonelux. Stonelux reserves the right to request further information, photographs or other evidence before issuing a returns authorisation (RA) number.

12.5 Where authorised, Goods must be dispatched back to Stonelux within fourteen (14) days of return instructions being issued. Failure to dispatch within that period shall entitle Stonelux to withdraw the returns authorisation and reject the claim.

12.6 Goods must be returned at your own cost and risk. Stonelux shall not be responsible for Goods lost or damaged in transit.

12.7 Following inspection of the returned Goods, if the Goods are proven to be defective, Stonelux’s liability shall, at its option, be limited to repair or replacement of the defective Goods.

12.8 Where the Goods are found not to be defective or not in breach of contract, return carriage costs shall remain your responsibility and Stonelux reserves the right to recover reasonable inspection and handling costs. The Goods will be returned to you at your cost upon payment of the applicable carriage charge. If payment or return instructions are not provided within fourteen (14) days of notification, the Goods will be disposed of by Stonelux without further liability to you.

13. RETURNS (NON-FAULTY GOODS)

In addition to your statutory rights, we offer a returns policy for non-faulty Goods. The conditions below apply to all returns under this policy.

13.1 The Goods must be received by us within 28 days of the date of purchase.

13.2 Proof of purchase must be provided. 

13.3 The total quantity of any single colour and finish must not exceed twenty (20) litres of paint or tint, or fourteen (14) kilograms of filler, per order. 

13.4 The following Goods are not eligible for return under this policy:

• Stone Fleck and Antiqued Stone finishes (as these are mixed to order);
• Custom-made items, such as hand-painted swatches, colour matches and bespoke colours;
• Tubs and paint cans that have been opened.

13.5 Goods must be unopened, unused, in their original packaging and in the condition that you received them. For the purposes of this policy, “unopened” means that the lid has not been removed, lifted, loosened or otherwise disturbed and that there is no evidence of opening, tampering, paint residue on the rim, deformation of the lid, or other signs of interference.

13.6 You must notify us of the return either in writing at the address below, by telephone at 01405 720281 or by email at info@stonelux.co.uk.

13.7 You must arrange, at your own non-refundable expense, to return the Goods in a saleable condition to Returns, Stonelux, 1 Eco Business Park, Eco Way, Doncaster, DN7 4JJ. Please ensure that you include your name, address and order number with the return.

13.8 We strongly recommend that you return the Goods in their original packaging or packaging of equal strength and that you fully insure the items that you are returning and obtain proof of delivery. We are unable to issue refunds for Goods that are no longer in a re-saleable condition (this includes any damage that may occur while Goods are being returned).

13.9 Goods will not be deemed as returned until they are received by us.

13.10 Eligibility for return under this policy will be determined following inspection of the Goods upon receipt by Stonelux. 

13.11 On compliance with the above, a refund will be processed, less a restocking charge of 15% of the order value to reflect administrative, inspection, handling and warehouse restocking costs.

13.12 In the event of a dispute regarding the eligibility of a return, Stonelux’s determination following inspection will be final.

14. COLOUR ACCURACY

14.1 Images of the Goods on the Website are for illustrative purposes only.

14.2 Stonelux have made every effort to display the colour of the Goods as accurately as electronic devices will allow. Stonelux does not warrant or guarantee an exact match of the on-screen colour to the colour of the actual Goods and the colours displayed on the Website should not be relied upon as colours will vary depending on your individual screen settings.

14.3 We strongly recommend testing a colour prior to making a larger purchase. Please note samples are colour testers only and are not representative of the quality or specification of the Goods later purchased.

14.4 Stonelux products contain natural materials and as such there will be some natural colour variation between installments or batches of Goods. Manufactured pigments can differ from batch to batch; tinting machines produce slightly different strength colours each time and other raw materials will vary every time a paint is made. The finished colour is always dependant on the properties of the substrate being coated (absorption rate, type of the material etc) variation in colour will occur. Stonelux does not accept any liability for variation in colour.

15. CHANGES TO THESE TERMS

15.1 We reserve the right to amend and change the Terms from time to time without notice.

15.2 You will be subject to the Terms in force at the time that you order the Goods from us.

16. FORCE MAJEURE

16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").

16.2 A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:

16.2.1 strikes, lock-outs or other industrial action;

16.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

16.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

16.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

16.2.5 impossibility of the use of public or private telecommunications networks; and

16.2.6 the acts, decrees, legislation, regulations, or restrictions of any government.

16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

17. COMMUNICATIONS AND NOTICES

17.1 Where we refer to “in writing” in these Terms this will include email.

17.2 If we have to contact you to give you notice in writing, we will do so by email or by post to the address you provided to us in your order.

17.3 If you are a business, any notice given by you to us will be deemed received and properly served 24 hours after an email is sent, or 3 days after the date of posting any letter. The provisions of this clause shall not apply to the services of any proceeding or other documents in any legal action.

18. GENERAL
18.1 The Contract is between you and us. The rights and obligations under these Terms cannot be transferred to another person or business without Stonelux’s written consent.

18.2 A person who is not a party to the Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract and/or these Terms. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

18.3 If any paragraphs of these Terms are determined unlawful by a Court or other competent authority, such paragraph will, to that extent, be severed from the remaining Terms, which will remain in full force and effect.

18.4 The Terms are governed by English law. The Contract and any dispute or claim arising out of or in connection with it or its subject matter of formation (including non-contractual disputes or claims) will be governed by English law. You agree that the courts of England and Wales will have exclusive jurisdiction (unless you are a consumer and resident in either Northern Ireland or Scotland, in which case you may also bring proceedings in those countries).

18.5 We own all intellectual property rights in the Goods and you agree that these rights may not be used in any way without our written consent.

18.6 All content included on the Website is owned by Stonelux Limited and is protected by all intellectual property rights. You are not permitted to download any of Stonelux’s logos and trade marks. The Website and its contents may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial benefit other than with the written consent of Stonelux.

18.7 Stonelux is not responsible for the content of any third-party websites which are linked to the Website.