Welcome to the ForestStone.uk Terms of Business Agreement (the “Agreement” between us the Supplier and you the Client). This Agreement describes the terms and conditions applicable to your use of the ForestStone.uk web site, purchase of Forest Stone’s products and services available under the domain https://www.foreststone.uk/ (the “Site”). This Agreement is entered into between you as the Client of the Site (the “Client”) and ForestStone.uk. Please bookmark (or print) this page which forms your copy of the agreement you are entering into when choosing to purchase from Forest Stone.
1. Acceptance of our Terms of Business.
1.1 For purposes of this Agreement, a Client is any person who accesses the Site for whatever purpose, regardless of whether such Client has registered with ForestStone.uk as a registered user or whether such Client is a paying Client for a product or service provided by ForestStone.uk. A Client includes the person using this Site, buying from Forest Stone and any legal entity which may be represented by such person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a Client, and you shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site or purchase from this Site or Forest Stone.
1.3 ForestStone.uk may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by ForestStone.uk of the amended and restated Agreement and your continued use of the Site and Forest Stone shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorised employee of Forest Stone.
2. Purchasing Our Products
2.1 Clients must be aware that the stone paving products we supply are natural. Their colour shades and tones can not be guaranteed and are often unique to each slab or piece. All our natural stone is full of slight blemishes, colour variations, chips, pores, veins and fissure lines – if you do not want these features we advice Clients to purchase alternative paving materials. Refunds will not be offered on the basis that a stone product contains any of these naturally occurring characteristics. By purchasing a natural stone product from Forest Stone the Client is agreeing to receive items that contain all these characteristics.
2.2 Clients must be aware that our porcelain paving products are produced in batches. Although the design could be the same within a product line the colour may vary slightly from batch to batch. If a Client wishes to guarantee their paving looks uniform throughout their scheme we advise that they must buy all of the porcelain they require from the same batch.
2.3 With both our natural stone and porcelain paving products we advise Clients to order at least 5% more than they require to allow for breakages, cuts and wastage which are usual occurrences during landscape construction. Forest Stone are not liable for products that are broken during the course of installation & after installation. If a Client is purchasing natural stone that features some colour variations they may not like aesthetically then they are advised to order more than required to allow for re-purposing or re-selling the slabs they don’t like the look of.
2.4 If more than 5% of your order appears broken on delivery you must report this to Forest Stone, with supporting images, within 14 days of the material being delivered. Forest Stone deals with each situation around breakages in its own right but if items have been genuinely damaged before arriving at the Client’s property Forest Stone will endeavour, but does not guarantee, to replace these items.
2.5 Forest Stone reserves the right to deny service and access to any Client for whatever reason in order to protect Forest Stone’s interests.
3.1 Unless the Client collects from our yard delivery charges apply to all of our products. A Client’s delivery charges are calculated at checkout or by one of our sales team if you are configuring a bespoke delivery option.
3.2 Forest Stone does not guarantee delivery dates and by purchasing from Forest Stone the client accepts there can in some cases be delays to scheduled deliveries.
3.3 Forest Stone advises all clients to only book tradesman and or tool hire once they have received their materials from us. Our paving products can be delayed for a plethora of reasons and Forest Stone are not liable for any lost construction time or charges due to a delivery being delayed for any reason.
3.4 Deliveries for in stock items usually take between 2 and 5 business days to arrive unless you have arranged a bespoke delivery option with our sales team. Once your order is confirmed you will receive an email confirmation with guidance on delivery timescale. If the proposed delivery date is unsuitable for any reason you need to contact Forest Stone immediately (and at least 24 hours prior to delivery) to re-arrange your delivery. If our product delivery has failed due to the Client not being able to accept delivery, for any reason, then the original delivery charge still applies and is non-refundable. The Client is then also liable for a further delivery charge if they wish to receive the goods on a further delivery attempt.
3.5 Deliveries occur between 8am and 6pm – Monday to Friday excluding bank holidays. While it is possible to obtain a rough ETA on the day of delivery Forest Stone often uses external couriers and we can’t control whether they advise the Client on a delivery window on the day of delivery.
3.5 Unless the Client has made arrangements for a bespoke delivery all deliveries will be made to the kerbside or the entrance of your property using a tail-lift offload lorry and manual pump truck. In order for us to make delivery the client must have a level hard-standing area (not grass or loose gravel) for the drive to offload to. The Client must make Forest Stone aware of any obstacles that may prevent this kind of access prior to delivery. Failure to do so will result in a failed delivery attempt and the Client will be liable for any re-delivery charges.
3.6 Client’s are able to upgrade their delivery to a crane-off load type lorry. This is available at request and prices & services need to be configured by our sales team. Client’s interested in this service need to contact our sales team directly.
3.7 If during a Forest Stone delivery a delivery vehicle has to move onto a Client’s land Forest Stone is not responsible for any damage that may occur to that Client’s property as a result of the delivery or the products being delivered. The Client accepts full responsibility for any resulting damage or issues caused by a delivery on their property.
3.8 All deliveries must be checked and any problems with our products reported within 48 hours. If you have an issue relating to damaged goods from a delivery and it has not been reported to us within 48 hours we are not liable for the cost of replacing or repairing the product.
4.1 The Client has a right to cancel their order. If the Client cancels their order for in stock items before the items are picked, packed and/or delivery is attempted then they are entitled to a full refund within a few days of the cancellation request.
4.2 If the Client has ordered bespoke products and masonry services or has used Forest Stone to obtain a product on the Client’s behalf and wishes to cancel their order they are not entitled to a refund. These services are supplied on a strictly non-refundable basis.
4.3 If products have been picked and packed prior to cancellation then the Client is liable for a re-stocking fee charged at 25% of the total order value.
4.4 If a Client cancels an order when it is out for delivery or has already been delivered then the Client is liable for a 25% re-stocking fee plus any charges incurred by Forest Stone to collect the items and bring them back into stock. Items must also be in the same packaging and same condition as when they left Forest Stone.
5. Returns & Refunds
5.1 If the Client wishes to return goods bought from Forest Stone once they’ve received them they are entitled to do so.
5.2 Should a Client wish to return their products to Forest Stone they need to inform us within 14 days of receiving delivery. Attempts to return goods outside of this time-frame will not be accepted.
5.3 For a return to be accepted the goods must ideally be in the same packaging and in a re-saleable condition.
5.4 The Client is responsible in packing the goods correctly and suitably to ensure they arrive back at Forest Stone in a re-saleable condition. Forest Stone will not provide a refund on any goods that arrive back with us damaged or with signs of having been used or installed.
5.5 Any refund on returns is offered on the basis the Client is responsible for the costs of getting the goods back to Forest Stone and the Client must accept there will be a re-stocking fee of at least 25% levied against any refund.
5.6 Installation or use of any Forest Stone product constitutes the Client’s acceptance of them being ‘Fit for Purpose’ and the Client does not have any re-course or option for a refund once use or installation of the product has occurred.
6. Coverage Guidance & Sizing
6.1 All sizing and coverage guides provided by Forest Stone are approximate. Should you wish to purchase an exact amount for your coverage we strongly recommend you hire a Quantity Surveyor to survey your project and liaise with us as to expectations on coverage. Whilst Forest Stone uses its expertise to give approximate coverage guidance the Client accepts when purchasing that this guidance could be inaccurate by 10% or more.
6.2 Many of our products are natural and not made by machines to exacting specifications. The Client accepts when purchasing from Forest Stone that the delivered size of some products will not be exact and may not be as advertised.
6.3 Forest Stone does not guarantee in any way the accuracy of the sizing listed on the Site. All listed sizes are for guidance purposes only.
7. Limitation of Liability
7.1 The features and services on the ForestStone.uk site are provided on an “as is” and “as available” basis, and ForestStone.uk hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
7.2 ForestStone.uk makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the site. ForestStone.uk does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the site does not violate any third party rights; and ForestStone.uk makes no representations or warranties of any kind concerning any product or service offered or displayed on the ForestStone.uk site.
7.3 Any material downloaded or otherwise obtained through the Site is done at each Client’s sole discretion and risk and each Client is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any Client from ForestStone.uk or through or from the Site shall create any warranty not expressly stated herein.
7.4 Under no circumstances shall ForestStone.uk be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
7.5 Each Client hereby agrees to indemnify and save ForestStone.uk, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such Client’s use of the Site (including but not limited to the display of such Client’s information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each Client hereby further agrees to indemnify and save ForestStone.uk, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from Client’s breach of any representations and warranties made by Client to ForestStone.uk. Each Client hereby further agrees to indemnify and save ForestStone.uk, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each Client hereby further agrees that ForestStone.uk is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each Client. ForestStone.uk reserves the right; at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with ForestStone.uk in asserting any available defences.
7.6 ForestStone.uk shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
i. the use or the inability to use the Site;
ii. any defect in goods, samples, data, information or services purchased or obtained from a Client or a third-party service provider through the Site;
iii. violation of Third Party Rights or claims or demands that Clients’ manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
iv. unauthorised access by third parties to data or private information of any Client;
v. statements or conduct of any Client of the Site.
7.7 ForestStone.uk makes no guarantees on the availability of products advertised on the site nor the rate of their prices. All products contain correct information and pricing details at the time they are published. By using the Site and agreeing to these Terms and Conditions the Client acknowledges that availability and pricing is variable and likely to change from time to time due to natural market fluctuation. Due to these circumstances which are out of the Site’s control we can not guarantee availability or pricing of any product after the publish date. However if a Client is interested in sourcing a product which is no longer available as part of Forest Stone’s service we will endeavour to find said Client a valid supply source.
8. Intellectual Property Rights
8.1 ForestStone.uk is the sole owner or lawful licensee of all the rights to the Site and the ForestStone.uk Content. The Site and ForestStone.uk Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and ForestStone.uk Content shall remain with ForestStone.uk, its affiliates or licensors of the ForestStone.uk Content, as the case may be. All rights not otherwise claimed under this Agreement or by ForestStone.uk are hereby reserved.
8.2 “ForestStone.uk” and related icons and logos are trademarks or service marks of ForestStone.uk and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.
9. Trading Terms
9.1 ForestStone.uk is run and managed by its holding company Asprilla Limited.
9.2 If a Client uses any of the Site’s services Asprilla Limited may appear on their respective bill/bank statement as this is ForestStone.uk’s holding company.
9.3 Users must be advised that, depending on your card provider, payments made to ForestStone.uk may appear on your statement as payments to “FOREST STONE” or “ASPRILLA LTD”. This are the billing names used for our service by some card providers.
10.1 All notices or demands to or upon ForestStone.uk shall be effective if in writing and shall be duly made when sent to Forest Stone in the following manner: to Forest Stone, C/O New Forest Fencing, Mill Lane, Nursling, Southampton, SO16 0YE.
10.2 All notices or demands to or upon a Client shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the Client to ForestStone.uk, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a Client shall be deemed to be received by such Client if and when:
i. ForestStone.uk is able to demonstrate that communication, whether in physical or electronic form, has been sent to such Client, or
ii. Immediately upon ForestStone.uk’s posting such notice on an area of the Site that is publicly accessible without charge.
11.2 ForestStone.uk and the Client are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
11.3 If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
11.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
11.5 ForestStone.uk’s failure to enforce any right or failure to act with respect to any breach by a Client under these terms and conditions will not waive that right nor waives ForestStone.uk’s right to act with respect with subsequent or similar breaches.
11.6 ForestStone.uk shall have the right to assign its obligations and duties in this Agreement to any person or entity.
11.7 This Agreement shall be governed by and interpreted in accordance with English law. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.