Terms & Conditions
Conditions of supply:
In these Conditions of Supply "we" and "us" and "our" will mean Sto Ltd. and/or its agents. "You" and "your" will mean any person, firm, company or authority that will order or buy the Goods. The "Goods" will mean any goods or materials sold by us in terms of any individual contract and "the Contract" will mean the contract for the sale or supply of the Goods by us to you.
These Conditions of Supply govern completely our Contract with you unless we have expressly agreed in writing to accept additional or contrary conditions from you. We may add Special Conditions and these will form part of the Contract. If a conflict arises between any of the terms of these Conditions and any Special Conditions the terms of the Special Conditions will prevail. All quotations given by us (unless otherwise agreed between you and us in writing) are subject to withdrawal and alteration without notice and do not constitute an offer to supply goods.
To the extent that these Conditions of Supply do not provide consumers (as defined in Section 25(1) of the Unfair Contract Terms Act 1977) with the statutory protections conferred upon them from time to time by United Kingdom consumer and/or sale of goods legislation these Conditions of Supply will be deemed to be varied or amended (and construed accordingly) to the extent necessary to confer such statutory protections upon consumers who may purchase the Goods from us.
Where we quote prices we may increase these if costs (excluding VAT) increase provided that where we refer to a "fixed price" we will maintain that price for the period stated. Our prices are strictly net of all discounts and rebates unless otherwise stated. They do not include and we will be entitled to charge:
• Delivery charges (except where the price is stated to include delivery)
• The cost of any special test or process
• Small orders may be subject to a minimum charge.
- We may deliver by part deliveries.
- Each part delivery will be a separate and independent Contract but you may not cancel the rest of the Contract if we are late or fail to deliver any part.
- You will accept delivery within 7 days of being advised that the Goods are ready. Otherwise, we may charge you interest at the rate of 1.5 per cent per month and make a storage charge of 1 percent per month on the invoice value of the Goods.
- You must examine and sign for the Goods when they are delivered. No claims will be accepted for damage, shortages or loss unless written notice of such claims is received within 7 days of delivery.
- StoShop.co.uk will only accept orders for delivery to a physical address within the GB mainland.
- Under normal circumstances, StoShop.co.uk will not deliver outside of the GB mainland. Please contact StoShop.co.uk if you have an order enquiry for a UK region outside of the GB mainland, as we may be able to help.
- Free delivery charges apply to GB mainland deliveries only. Please contact StoShop for UK order enquiries outside of the GB mainland for further information on delivery costs.
- Some products may take longer than the 3-5 day estimated delivery, due to stock levels or specific tints. StoShop will contact the customer to highlight any issues related to an extended delivery date.
- The customer must communicate any issues that may cause a delay or complication to the successful delivery due to access issues or similar. Sto Ltd. will not accept any liability for late deliveries due to access issues or similar.
4b. Suspension of deliveries
We may withdraw our quotation and withhold delivery of the Goods if your account is outstanding to an extent which we regard as unreasonable or for any other reason which gives us doubts about your ability to pay.
4c. Late delivery
Although we will take all practicable steps to avoid and/or mitigate the effects to you of late delivery we will not be responsible for any loss caused. Late delivery does not affect your duty to pay us.
4d. Cancellation of deliveries
If you cancel your order we may recover all our costs up to the date when we receive your notice of cancellation.
5. Passing of risk
If we deliver the Goods to you to such place as you direct within the United Kingdom risk of loss or damage passes to you when the Goods are delivered by us to the place agreed between us. If the Goods are to be collected from our premises that risk passes to you when the Goods are loaded on to your or your carrier's vehicle.
Invoices in respect of Goods supplied are due for payment by you on or before the last day of the month following that of delivery unless otherwise agreed. All payments shall be made free of all deductions or withholdings, set-off or counter-claim of whatever nature and whether asserted by us and / or you and /or any insolvency practitioner acting in any insolvency of you or us.
7. Passing of property
Property and title in the Goods will not pass to you until the whole price thereof has been received by us. Where the Goods are supplied by part-deliveries this Clause will apply to each part-delivery as if it was a separate and independent Contract.
Until the whole price of the Goods has been paid you will hold the Goods as agents for us and will not sell or dispose of any of the Goods save as our agent.
If you should have a receiver appointed over any of your assets or if an order is made or a resolution passed for your winding up or if you commit an act of bankruptcy or become notour bankrupt we will be entitled to remove any Goods which have not been paid for in full and will be entitled to enter your premises for the purposes of doing so.
Sub-Clauses a., b. and c. above will each receive effect as a separate Clause.
8. Seller's liability for defects
You are held to have satisfied yourself that the Goods are suitable for your purpose.
Where you claim that the Goods are defective or do not conform to your order specifications you must inform us in writing within 7 days of receipt of the Goods and allow us the opportunity to inspect and test the Goods.
Where we accept that the Goods are defective we will either:
Replace the Goods; or
- Refund the price (if paid) but, subject to any statutory provisions, our liability will not exceed the cost of replacement or the agreed price for the Goods and we will only be liable if we are notified of the defects within 7 days and if you have fully paid for the Goods on the due date.
- We are not liable under this Clause where the defects occur because of:
- Use of the Goods in any way for which they were not designed;
- Loss or theft;
- Any other cause except our negligence.
Except as provided in Section 16 of the Unfair Contract Terms Act 1977 (liability for death or personal injury resulting from breach of duty) we accept no responsibility for direct, indirect or consequential loss or damage.
No guarantee or warranty is given as to the merchantable quality or fitness for any purpose of the Goods supplied by us and/or manufactured by any third party, provided that we will in so far as we are able to do so extend to you any manufacturer's warranty or guarantee.
9. Technical data
Descriptions, weights, dimensions, colours, etc. in our catalogues and sales literature are solely for information and do not imply any warranty. The Goods are offered for sale on the basis that they may differ from any samples seen by you. Whilst every effort is made to ensure accuracy of advice given, we cannot accept liability for loss or damage arising from the use of any information supplied.
10. Force Majeure
We will not be responsible for any loss due to late delivery or suspension of delivery caused by strikes, lockouts, war, fire, breakdown of machinery or any other causes beyond our control and, in these circumstances, we may cancel the Contract.