Terms and Conditions
- USE OF NITYA STONES
The Nitya Stones site is provided to you free of charge for your personal use, subject to these terms and conditions. By using the Nitya Stones site, you are agreeing to these terms and conditions. These do not affect your statutory rights.
We may update these terms and conditions from time to time, and any changes will be notified to you via the email address provided by you on account registration or via a suitable announcement on the Nitya Stones site. The changes will apply to the use of the Nitya Stones site after we have given notice. If you do not wish to accept the new terms and conditions, you should not continue to use the Nitya Stones site. If you continue to use the Nitya Stones site after the date on which the change comes into effect, your use of the Nitya Stones site indicates your agreement to be bound by the new Terms and Conditions.
- THE CONTRACT BETWEEN US/PURCHASE FROM WEBSITE
We must receive full payment for the price of the goods that you order before your order can be processed. Once payment has been received by us, we will confirm that the goods ordered are available and in stock by sending an email to you at the email address you provided on the checkout page. We will then dispatch the goods to the address provided on the checkout page. In the unlikely event that the goods ordered are not available, we shall email you at the email address you provided on the checkout page and arrange for your payment to be refunded or a suitable alternative.
5.1. The price payable for goods that you order is set out on our website at the time of purchase.
5.2 You may be required to pay extra for delivery, and it might not be possible for us to deliver to some locations. Our delivery charges and restricted delivery areas are fully detailed on our Delivery Page.
5.3 Quotes are given based on the current price of the goods. Prices are subject to fluctuation and cannot be guaranteed.
- VARIATIONS & INSTALLATION
We strive to display as accurately as possible the colours and sizes of our products on our website; however, each batch is unique. We strongly advise reading through all product descriptions thoroughly and to avoid basing purchasing decisions on images alone. For further information on variations in natural stone, please see the information on our website here.
The variations that you will see in each crate may differ from the images displayed on our website, and we do our best to display images of each product as accurately as we can. Please keep in mind that these are customer-submitted images of natural products in natural lighting and cannot account for differences in natural lighting, moisture within the slabs or any products used during or after installation.
A natural product will often have a fine layer of dust from the quarrying process, and this can sometimes cause the slabs to look a little lighter in colour at first. Colours will intensify and darken when the slab is wet, and once laid, the stone will naturally take in moisture from the mortar bed, which will help to bring out more of the natural colours. To test this, you can pour a little water onto the slabs whilst they are still in the crate, which will bring out some more of the natural colours.
An allowance should be made for +/- 5mm to cover natural variations in the dimensions specified for sandstone, slate and limestone paving, +/- 2mm for granite paving, and +/- 10mm for cobbles & setts.
7. RIGHT TO CANCEL YOUR PURCHASE
7.1. You have the right to cancel your contract with Nitya Stones for the goods you have ordered within 14 days, without providing a reason for cancellation.
7.2. Please refer to Nitya Stones’ Returns Policy for more information.
7.3. If your goods have already been dispatched, you may arrange for collection by Nitya Stones, subject to a collection charge, or you may return the goods at your own expense. Any damages to the goods must be declared to Nitya Stones before you return the goods. Failure to declare damages will result in a deduction from the refund amount.
7.4. Upon cancellation, any payment made by you to Nitya Stones will be refunded as soon as possible, within 30 days of your order. However, initial delivery charges, return charges, restocking fees or goods returned to us that are not in a resellable condition will be excluded from the refund amount.
8. CANCELLATION BY NITYA STONES
8.1. Nitya Stones reserves the right to cancel your Purchase if:
8.1.1. There is insufficient stock to deliver the goods you have ordered;
8.1.2. Delivery is not available in your area; or
8.1.3. One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received from suppliers.
8.2. In the event of cancellation by Nitya Stones, you will be notified by email and any payment made by you to Nitya Stones will be refunded within 30 days of your order. Nitya Stones will not be liable for any additional compensation for any disappointment suffered.
9. DELIVERY OF GOODS
Please refer to Nitya Stones’ full Delivery Information for more information.
Nitya Stones’ standard delivery method involves a one-man, kerbside delivery using a tail-lift and manual pallet truck to deliver onto a hard, level surface on the kerb or at the roadside. HIAB or grab lorries are not part of our standard delivery method.
Each crate weighs up to one tonne and will be moved manually with a pallet truck. Pallet trucks will not move on grass, gravel or inclines. Delivery will need to be made to a hard, flat and level surface on the kerb or at the roadside.
Delivery requires clear access with space to manoeuvre and turn for an 18-tonne vehicle. Please inform Nitya Stones or our couriers of any access restrictions at the delivery point to ensure that delivery does not fail. If delivery fails, re-delivery or return fees will apply. Vehicles require obstacle-free access to the kerbside to be able to make the delivery. Please Note: Delivery vehicles require a different level of access to bin lorries and clear access must be left along the road whilst making the delivery.
Estimated lead times begin from the date that the order was paid.
Accepting Your Delivery
Please check the goods upon delivery before signing the delivery note/POD. If you notice any issues, please sign for the delivery as ‘Damaged’. If you are unable to check or sign for the goods, we recommend having somebody do this on your behalf. If you would like the goods left unsigned, please inform us in the customer-provided notes at checkout.
Customers are responsible for checking the goods for any visible damages with the driver present. If there are any visible damages to the crate, such as splintered wood or if the crate is leaning slightly to one side, please sign the delivery note/POD as ‘Damaged’.
Although we take every precaution to ensure that our crates are packed safely and securely, damages may occur during transit. Therefore, please ensure that you have all the usable goods on-site before booking any tradespeople or starting your project. This will allow you time to check for damage and make a claim before your project begins, avoiding any delays.
If a successful claim is made, we will refund the total value of the damaged goods. However, please note that we do not offer free replacements.
If any slabs are damaged, they can usually be used for offcuts. We recommend using any damaged slabs in a way that discards any unsuitable portions, allowing you to use the maximum amount of stone possible.
Chips to the edges or corners of a slab may occur during unpacking or transportation. These will not affect the slab’s performance and are typically concealed once the patio has been pointed.
We cannot accept claims for orders that customers have collected or arranged for a third party to collect. Claims cannot be accepted for any product that has been used.
If you have noted any damages at the time of accepting your delivery, please follow our claims procedure.
10.1. We will have no liability to you unless you notify us in writing within 72 hours of the final delivery of the goods in question if the goods we deliver are not what you ordered, are damaged, defective, or the delivery is of an incorrect quantity. The burden of proof is on the customer to prove that the item is not of satisfactory quality, and a second opinion from an independent party may be necessary to provide evidence. Nitya Stones Products Ltd cannot be held liable if the issue is due to fair wear and tear, misuse, or accidental damage.
10.2. Some damage can occur due to the long distances that our products travel. If the product you purchased is damaged or faulty, we may offer an exchange or refund as appropriate, as per sections 10.4.1., 10.4.2., and 10.4.3. If the goods have arrived damaged, please sign for them as “damaged” on arrival and inspect the delivery before signing. If the delivery note is not marked, we cannot process any claim for damages. We recommend opening a claim after delivery, as described here.
10.3. We will not refund or replace tiles or slabs that fall under the minimum of 5% of acceptable loss. Please consider this when placing your order, as we advise adding 10-15% to allow for wastage and cuts.
10.4. If you do not receive the goods you ordered within 30 days of the order date, we will have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the order date. Our only obligation, at our option, will be:
10.4.1. To make good any shortage or non-delivery;
10.4.2. To replace or repair any damaged or defective goods; or
10.4.3. To refund you the amount paid by you for the goods in question in whatever way we choose.
10.5. Except where precluded by law, we will not be liable to you for any indirect or consequential loss, damage, or expenses (including loss of profits, business, or goodwill) arising from any problem you notify us of under this condition. We will have no liability to pay any money.
10.6. Nothing in these terms and conditions is intended to limit any rights you may have as a consumer under applicable UK law or other statutory rights that cannot be excluded. We do not intend to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
- UNFORESEEABLE EVENTS
We will not be held responsible for any failure to deliver the goods you have ordered, any delay in doing so, or for any damage or defect to the goods that is caused by circumstances beyond our reasonable control. Such circumstances may include but are not limited to, vehicle delays, strikes, lockouts, and other industrial disputes, breakdowns in systems or network access, flood, fire, explosion, or accident.
- USAGE RESTRICTIONS
You are not permitted to use the Nitya Stones website & site/warehouse for any of the following purposes:
- Distributing any unlawful material, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability, or otherwise breaches any relevant laws, regulations, or codes of practice.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person’s use or enjoyment of the Nitya Stones site.
- Breaching any laws concerning the use of public telecommunications networks.
- Interfering or disrupting networks or websites connected to the Nitya Stones site.
- Creating, transmitting, or storing electronic copies of copyrighted materials without the owner’s permission.
You will be responsible for indemnifying us against all losses, liabilities, costs, and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction, and all settlement sums paid by us resulting from any settlement agreed to by us arising out of or in connection with:
- Any claim by any third party that your use of the Nitya Stones site is defamatory, offensive, or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation, or code of practice.
- Any claim by any third party that your use of the Nitya Stones site infringes on that third party’s copyright or other intellectual property rights of any nature.
- Any fines or penalties imposed by any regulatory, advertising, or trading body or authority in connection with your use of the Nitya Stones site.
- NITYA STONES SITE AVAILABILITY
While Nitya Stones aims to provide you with the best service possible, we make no promise that the services offered at the Nitya Stones site will meet your requirements. We cannot guarantee that the service will be fault-free. If a fault occurs in the service, please report it and we will attempt to correct the fault as soon as reasonably possible.
Your access to the Nitya Stones site may be occasionally restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to restore the service as soon as reasonably possible.
- SUSPENSION OR CANCELLATION OF YOUR REGISTRATION
We may suspend or cancel your registration at our discretion or if you breach any of your obligations under these Terms and Conditions. You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Nitya Stones site.
The suspension or cancellation of your registration and your right to use the Nitya Stones site shall not affect either party’s rights or liabilities.
Paragraphs 11 and 15 of these Terms and Conditions shall survive cancellation.
- LIABILITY OF NITYA STONES
The Nitya Stones site is provided without any warranties or guarantees. You must assume the risks associated with the use of the Internet. The Nitya Stones site provides content from other Internet sites or resources, and while we try to ensure that the material included on the site, understand that it may not always be possible for us to monitor it.
Regarding the Nitya Stones site, we cannot be held responsible for the following:
- Incompatibility of the site with any of your equipment, software, or telecommunications links
- Technical problems, including errors or interruptions of the site
- Unsuitability, unreliability, or inaccuracy of the site
- Inadequacy of the site to meet your requirements
By agreeing to these Terms and Conditions, you acknowledge that we will not be liable to you or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy, and loss of data) or any other indirect, special, or punitive damages whatsoever that arise out of or are related to the Nitya Stones site, to the full extent allowed by applicable law. However, nothing in these terms and conditions shall exclude our liability for personal injury or death caused by our negligence.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these conditions will not be affected.
Except for our affiliates, directors, employees, or representatives, a person who is not a party to this agreement has no right under any law to enforce any term of this agreement, but this does not affect any right or remedy of a third party that exists or is available apart from that law.
The content of the Nitya Stones site is protected by copyright, trademarks, database, and other intellectual property rights. You may retrieve and display the content of the Nitya Stones site on a computer screen, or print one copy of such content for your own personal, noncommercial use, provided you keep intact all and any copyright and proprietary notices.
You may not otherwise reproduce, modify, copy, distribute, or use for commercial purposes any of the materials or content on the Nitya Stones site without written permission from Nitya Stones. No license is granted to you in these Terms and Conditions to use any trademark of Nitya Stones or its affiliated companies, including, without limitation, the trademarks Nitya Stones and Nitya Stones.
The contract between us shall be governed by and interpreted following the laws of the jurisdiction in which we are located, and the courts of that jurisdiction shall have jurisdiction to resolve any disputes between us.
- ADDITIONAL TERMS
You are not permitted to assign, sublicense, or transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
If you violate these Terms and Conditions and Nitya Stones chooses not to take action, this does not waive Nitya Stones’ right to enforce its rights and remedies at a later time or in any other circumstance where you breach the Terms and Conditions. Nitya Stones will not be held responsible for any breach of these Terms and Conditions caused by circumstances beyond its control. Under the Contract (Rights of Third Parties) Act 1999, a person who is not a party to these Terms and Conditions has no right to enforce any term of these Terms and Conditions, but this does not affect any right or remedy of a third party that exists or is available apart from that Act. The website is owned and operated by Nitya Stones, which can be contacted at Info@nityastones.co.uk
- INTELLECTUAL PROPERTY
Nitya Stones owns all Intellectual Property Rights of the materials on its website, including the underlying software code. Unless otherwise specified, all text, artwork, graphics, and images on the website are owned by Nitya Stones. Without prior written permission, you are not allowed to use, copy, modify, alter, publish, broadcast, distribute, sell, or transfer any material on the website or the underlying software code, whether in whole or in part.