02 033 185 018
Finest Natural Stone
Terms and Conditions
1.   Definitions
2.   Formation of this contract
3.   Order
4.   Payment
5.   Delivery
6.   Right of Cancellation and Returns
7.   Liability
8.   Company Liability
9.   Intellectual Property
Definitions
In these Conditions:
"The Company" means FNS Limited.
"The Customer" means the company or person who agrees to buy the Goods from the Company.
"The Goods" means the goods which the Company is to supply in accordance with these Conditions. Any reference to "the Goods" shall, where appropriate, include a reference to part of them.
"The Price" shall mean the purchase price as stated in the Company's quotation.
      2 . Formation of this contract
FNS ltd reserves the rights to change these terms and conditions at any time and without prior notice.
The Customer's order constitutes an offer by the Customer to purchase the Goods from the Company on these Conditions and the contract between the Company and Customer is made by the Company's acceptance of the Customer's offer.
These Conditions of Sale override any other terms which the Customer may subsequently seek to impose.
Any statement by an employee or representative (other than a director) of the Company to vary any of these terms or introduce any other terms, written or oral, into the contract;
to give any advice, make any representation, agree any condition precedent or enter into any collateral contract or to give any guarantee of delivery dates or times, shall not be binding on the Company unless confirmed by the Company in writing and signed by a director.
     3. Order  
The Customer orders and buys and the Company sells at prices subject to these terms and conditions only.
Any quotation for a bespoke order given by the Company is valid for 30 days only unless otherwise stated therein.
Any given discounts and promotions have their end date and they are not valid after this date
Prices include VAT, but not any other custom duty or sales tax which may be added.
All prices include packaging.
The Company reserves the right to make an additional charge in respect of preparation of working drawings or designs which are necessary for processing the Customer's order or are requested by the Customer including, but not limited to, drawings for use by the Customer in connection with other associated building work or trades.
The company keeps the rights to adjust the prices because of increasing the cost of raw materials, transport, components or labor. 
The Company may adjust the price accordingly subject to giving to the Customer notice of increase.
All orders are accepted by the Company subject to materials and components being available to the Company from its suppliers and by accepting an order the Company does not give a warranty as to availability.
The Company reserves the right to vary the agreed specification of materials used if, in its opinion, the finished product will be of an equivalent or higher standard.
Customer accepts and agrees that all products are made of natural stone and variations in      shade,color and texture will most probably occur.
   4. Payment
Except in the case of customers with a pre-agreed credit facility, the Goods shall be paid for in full prior to delivery .
No order will be accepted before all funds are cleared.
All goods are property of the Seller until all funds are cleared.
The Customer  can pay with VISA, MasterCard, Maestro or Paypal.
Card security is high priority and all precautions are taken to ensure that all information provided by the Customer is stored confidentially.
The Company shall have the right of set off for amounts owed to the Customer against amounts owed by the Customer.
   5. Delivery
Delivery shall be deemed to take place at the moment of discharge from the delivery vehicle at the Delivery Point
If the Customer refuses to accept delivery of the Goods or fails to give the Company adequate delivery instructions and address, then the Company may store the Goods until actual delivery to the Customer . The Customer shall be liable to pay a charge for handling, transportation, storage and insurance of the Goods under this clause.
A delivery note which is signed by and on behalf of the Customer shall be conclusive proof of delivery of the Goods described in the delivery note. Customers should arrange presence at the time of delivery.
Once the order has been placed, accepted by the company and fully paid, we will deliver in about 15 days if products are available in stock.
However the company cannot say an exact delivery date.
Customer's billing address and delivery address may not be the same; delivery address must be in UK ( i.e. must have Royal Mail Postcode)
Email will be sent to you with the exact date of Delivery
Usually the delivery time is Monday through Friday between 9a.m. and 5p.m.
Most parcels will be delivered on pallets with lorries with tail lift, so it is very important the courier to have enough space as the courier will unload to the nearest possible place at the delivery address given.
The company is not responsible for installing the goods at your premises. Customers should arrange installing on their own.
If the goods are damaged, the Customer should note that in the delivery note and hand it back to the Driver. Damaged goods will be replaced as soon as possible according to stock availability.
The Customer shall be deemed to have accepted the Goods upon delivery and it shall be conclusively agreed that the Goods are in accordance with the contract unless:
- within 24 hours after delivery and prior to their use the Customer serves on the Company a written notice specifying the alleged defect in the quantity, quality or state of the Goods which would be apparent upon careful inspection or by such testing as it is reasonable in all the circumstances for the Customer to undertake and
thereinafter provides the Company with a reasonable opportunity of inspecting or testing the Goods before they are used or resold.
-  in the case of delivery by a third party carrier within twenty-four hours after delivery and prior to their use or re-sale the Customer gives the Company verbal or written notice specifying the matters.
The Customer must refuse parcels delivered in a damaged condition.
- if the alleged defect in the quality or state of the Goods would not be apparent upon careful inspection or reasonable testing the Customer serves on the Company written notice of such defect forthwith upon its discovery, and in any event not more than 6 months after delivery, specifying the matters complained of and affording the Company a reasonable opportunity of inspecting or testing the Goods.
Your statutory rights are not affected.
   6. Right of Cancellation and Return policy
Customers may cancel the order 24 hours after order.
If the buyer has made a bespoke order, order cannot be canceled. That's why the Company recommends sizes to be taken carefully before order.
After receiving the goods, the Customer may return them in 7 days. 
The Customer must notify The Company in writing within 7 days of delivery (as per the despatch note) of the requirement to return goods stating the relevant despatch note number. In the case of goods delivered on The Company's transport these will then be collected by The Company's transport and a handling charge applied.
In the meantime, while Customers have the Goods, they should take care of them until the Company collects them.
The Company reserves the right to levy a handling charge. Products accepted for return will be credited at invoice value and the appropriate handling charge (if any)applied. Products to be returned should be adequately packed and despatched freight prepaid clearly labeled to FNS Ltd.
In addition or subject to any other warranty or condition previously agreed in writing, the Company warrants that, subject to the terms, the Goods are of satisfactory quality and correspond, within reasonable tolerance levels, to the quantity ordered and to the Company's specification or description of the Goods.
   7. Liability
The Customer shall have no right of rejection of the Goods and the Company shall have no liability for negligence or breach of contract  which clause is in substitution for any other legal remedy of the Customer.
The Company shall have no liability for ascertaining whether the Goods are suitable or reasonably fit for the purpose for which they were ordered or for any other advice it may give whether by itself, its employees or agents as to the application or suitability of Goods for any purpose whatsoever.
The Company shall not be liable for breach of contract attributable directly or indirectly to circumstances beyond the Company's reasonable control, including but not limited to war, rebellion, strikes, lockouts, breakdown of plant or government.
The Company shall not be liable for any loss or damage to the Goods in transit that are at the Company's risk where the Customer's packing and protection specification differs from that recommended by the Company.
The Company shall have no liability in contract or in negligence or otherwise for consequential loss, indirect loss, or economic loss, howsoever arising. This exclusion would include but is not limited to loss of profit, loss of contracts, damage to the property of the Customer or of a third party.
The provisions of Clause 11 do not apply:
-to claims for death or personal injury to persons arising out of the Company's negligence,
-to claims for breach of warranty of title implied by law.
8. COMPANY LIABILITY
The Customer shall have no right of rejection of the Goods and the Company shall have no liability for negligence or breach of contract except as provided in Clause 10, which clause is in substitution for any other legal remedy of the Customer.
 The Company shall have no liability for ascertaining whether the Goods are suitable or reasonably fit for the purpose for which they were ordered or for any other advice it may give whether by itself, its employees or agents as to the application or suitability of Goods for any purpose whatsoever.
The Company shall not be liable for breach of contract attributable directly or indirectly to circumstances beyond the Company's reasonable control, including but not limited to war, rebellion, strikes, lockouts, breakdown of plant or government.
The Company shall not be liable for any loss or damage to the Goods in transit that are at the Company's risk where the Customer's packing and protection specification differs from that recommended by the Company.
The Company shall have no liability in contract or in negligence or otherwise for consequential loss, indirect loss, or economic loss, howsoever arising. This exclusion would include but is not limited to loss of profit, loss of contracts, damage to the property of the Customer or of a third party.
The provisions of Clause 7 do not apply:
to claims for death or personal injury to persons arising out of the Company's negligence,
to claims for breach of warranty of title implied by law.
      9. INTELLECTUAL PROPERTY
The Customer shall indemnify the Company against all actions, proceedings, claims, costs and expenses which may be brought against or incurred by the Company by reason of its supplying the Goods or applying any process or service in
relation to goods of the Customer in accordance with any such drawings, specifications or other information whether or not it alleged in such actions, proceedings and claims that any patent mark design copyright or other intellectual property or other exclusive right of any third party has been infringed.
      10. DATA PROTECTION
The Customer consents to the Company processing any personal data the Company may from time to time receive in the course of dealings with the Customer in relation to any partner, officer, servant, agent or referee of the Customer.
The Customer in giving such consent warrants to the Company that it has the authority of the individual to whom the personal data relates.
       11. PROPER LAW
The contract shall be governed by English Law and the non-exclusive jurisdiction of the UK Courts.
In the absence of any code the product shall be deemed outside the scope of registration. Telephone calls may be recorded for training and / or security purposes.
The following provisions are supplemental to and vary our Conditions of Sale and apply specifically to dealings between the Company and Customer via the Internet:
1. FORMATION AND TERMS OF CONTRACT
1.1 No contract shall subsist between the Company and the Customer until the Company accepts by e-mail the Customer's order.
1.2 Acceptance of an order will be deemed complete and effectively communicated to the Customer at the time the Company sends an acceptance e-mail to the Customer.
1.3 All descriptions and illustrations contained in this web site or any price list or other information communicated to the Customer are intended merely to present a general idea of the Goods, and do not form any part of the contract between the Company and the Customer.
1.4 Prices shown on the Company's web site may differ from those contained in the Company's published price list and apply solely to Goods ordered via the web site.
1.5 For the avoidance of doubt any contract formed between Customer and Company will be subject to English Law and both parties submit to the non-exclusive jurisdiction of the English Courts.
2. LIABILITY
2.1 The Company will take reasonable steps to ensure confidentiality of the Customer's data within the terms of the Company's Privacy Policy.
2.2 Save as set out in 2.1 the company does not accept liability for the security of e-mails or data transferred over the Internet.
2.3 The Customer shall keep confidential all passwords and PINs nominated for use in connection with use of the Company's web site. The Company may disclose any information in connection with the Customer's accounts to anyone who correctly quotes the Customer's password.
2.4 The Company's exclusion of liability contained at clause 11.5 of its Conditions of Sale shall extend to any direct, indirect or consequential damage, loss, expense or claim arising from use of the Company's web site or any transfer of data between the Company and Customer by e-mail or attachment or otherwise including but not limited to damage caused by any virus or trojan horse.
3. DATA PROTECTION
3.1 The Customer in entering into a Contract or registering as a web site user consents to the Company collecting and processing personal data relating to the Customer, or the Customer's officers, employees or agents for the following purposes:
3.1.1 Arranging and managing credit facilities to the Customer
3.1.2 Managing the Customer's account, including credit records and overdue payments.
3.1.3 Provision and administration of the Contract or any other contract between the Customer and Company.
3.1.4 Development, research and marketing of the Company's business.
3.2 The Customer further consents to the electronic transfer of any personal data collected for the above purposes outside of the European Economic Area for the purposes of data processing.
4. INTELLECTUAL PROPERTY
4.1 All web site design, text, graphics and the selection and arrangement thereof and all software compilations, source codes software and other material on the Company's web site are the copyright of the Company.
4.2 The Customer may electronically copy and print to hard copy portions of the Company's web site for the sole purpose of conducting legitimate business with the Company.
4.3 Reproduction or other use of materials on the Company's web site other than as set out above is strictly forbidden without written permission of the Company.
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