Terms & Condition Of Sale Of Dhustone

1 DEFINITIONS

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of
Goods incorporating these Terms and Conditions;

1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Dhustone Unit 7 The Laundry Industrial Estate, Seifton, Ludlow, Shropshire, SY8 2DH. England that owns and operates Dhustone.com.
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means Dhustone.com.

2 CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.

3 ORDERING

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in our store software.

3.4 All new account applicants should have either a physical shop or established independent website. Sales of our products are acceptable on both Amazon and eBay however; you may only use these forums using a ‘Buy It Now’ or Fixed Price structure. You may not offer our products for auction. Any person or company that attempts to Auction our products will no longer be allowed access to our products.

4 PRICE AND PAYMENT

4.1 The price of the Goods shall be that stipulated on the Website and may alter without prior notice. The price is exclusive of VAT. The price excludes delivery charges which are shown separately.

4.2 There will be a small order charge that includes carriage for UK mainland orders as follows and only affects business resellers:

                   For orders under £100 (ex VAT) minimum charge £15

                   For orders under £250 (ex VAT) minimum charge £10

                   For orders over £250 (ex VAT) carriage paid

4.3 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to final confirming the order.
4.4 Payment of the price plus VAT and delivery charges must be made in full on your agreed payment terms.
4.5 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above the base rate of the Bank of England from time to time in force.

4.6 Discretionary discount applies to all products. This scheme is constantly under review and may change without notice. To qualify for your discount you must adhere to the below trading terms:-

  • Order value is over the carriage paid terms
  • You must physically hold our range in stock
  • Products are not sold in a way that devalues our brand

4.7 All overseas order prices are ex-works. Carriage will be charged at cost.

5 RIGHTS OF SELLER

5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6 AGE OF CONSENT

6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

7 WARRANTY

The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

8 DELIVERY

8.1 Goods supplied within the UK will normally be delivered within 2 working days of acceptance of order.
8.2 Goods supplied outside the UK will normally be delivered within 10 working days.
8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date.
8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.6 Risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8.7 Title / Property in the Goods shall not pass to the Buyer until payment in full has been made.
8.8 Until such times as the price of the goods has been paid, the buyer hereby irrevocably agrees that representatives of Dhustone may enter the buyers premises with such vehicles and equipment as may be necessary to remove the goods.

8.9 Any losses or pilferages during transit must be reported in writing within three days from the delivery date.

8.10 We do not deliver to third party addresses

9 RETURN AND REFUND POLICY

9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller In writing within 3 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund if the Goods are in fact defective.
9.3 Damaged or faulty goods replacements can only be credited if they are accompanied by a completed returns form obtainable from the seller.
9.4 Goods to be returned must clearly show the order number obtained from the Seller on the package.
9.5 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9.6 The buyer is responsible for the cost of any returns except, where there is a defect in the item/s that have been purchased in which case the standard postage costs will be refunded.
9.7 If an item is being returned for exchange the buyer will be liable for the shipping cost of the replacement item/s except where there is a defect in the original item/s.
9.8 Any item may be returned for a full refund in accordance with the above policies or, for any reason other than these policieswithin 30 days of purchase. These policies do not contravene your consumer rights under EU legislation.

10 LIMITATION OF LIABILITY

10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

11 WAIVER

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

12 FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

13 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

14 CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

15 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.