Terms and Conditions
Some words will appear in bold (in upper or lower case) and are used consistently throughout to mean the following:
- Company, We, Us, Our
- Stone Tech (Cleveland) Ltd. t/a Conserv, Registered in England # 4472877
- Customer, You, Your
- The individual using our services. Where applicable, this also refers to those the individual represents or is acting on behalf of, this could be a person, party, company or other legal entity.
- The Conserv website, accessible from https://www.conserv.co.uk and https://www.lime-mortars.co.uk.
- Any services we make available, including the website, enquiries, quotes, advice, support, sale of products, after sales care.
- Any products or services we make available.
- Larger orders
- Orders for more than 10 items or with a total weight exceeding 100kg. These orders are “made to order”.
- Smaller orders
- Orders for 10 items or less with a total weight up to 100kg.
- Terms and Conditions, Terms, Conditions
- The terms and conditions provisioned herein and any special or additional conditions required by us and agreed in writing from you.
- Safety data sheets, product instructions, product manuals and general guides provided with the products or made available on the website.
By using our services, you agree to comply and be legally bound by these terms and conditions. If you do not agree to any of these terms and conditions, you may not use our services.
These conditions apply whenever you use any of our services and shall supersede and exclude any other terms and conditions you may seek to apply verbally, in writing or under a request for quote, purchase order, confirmation of order or similar document.
No variation to these conditions shall be effective without explicit written and signed approval by a director of the company.
These terms and conditions may be revised without notification. Please read these terms before using our services as the current terms at that time shall apply.
We provide services to assist with decisions regarding our products, some examples include (but are not limited to):
- Product information
- Guides and literature
- Technical support and advice
- Mortar matching
- Calculators for estimating
The information and advice you obtain from our services is accurate to the best of our present knowledge and ability. We may adapt and change accordingly as experience, technology and industry evolves. We accept no liability for any changes to information, advice or tools previously provided.
It is your responsibility to assess any information or advice we provide, directly or indirectly, to ensure it is valid and appropriate before taking any action upon it.
We do not provide information or advice regarding goods we do not supply, neither do we offer advice on construction technology, building techniques or other general information. No employee or agent of the company is authorised to offer opinion in these regards, any such opinions are not representative of the company and should be disregarded.
The company accepts no liability for any consequential delay, loss, cost or damage to you arising from the use of our services or any assistance, advice or other information obtained, directly or indirectly thereof.
Packaging may differ from that currently shown on our website, catalogues or other literature.
Products may appear differently in actuality due to limitations with photography, digital image processing and display devices and settings.
Technical information relating to products may be approximated and may be subject to variances due to usage and to the nature of raw materials.
Any products containing naturally occurring materials may be, as a result, subject to natural variations, inconsistencies and depletion; such risks may be reduced by obtaining enough products to complete the works.
The customer is responsible for ensuring products are suitable and meet the required specification for purpose before purchasing.
The smallest quantity of products should be purchased and sampled in an inconspicuous area to establish suitability, thus avoiding return transport costs for which the customer is liable and is required to pay.
The customer is responsible for ensuring products are used safely, in accordance with all instructions, by individual(s) that are fit, capable and qualified to do so.
The company accepts no liability for any consequential delay, loss, cost or damage to the customer arising from the sale, supply, resale or application of our products including delayed or incorrect availability, inconsistency or discontinuation.
Availability of products may be estimated or approximated and may be incumbent on the availability of materials from third-party suppliers and transport services.
Unless otherwise specified, availability refers to smaller orders.
The availability of larger orders may be estimated on request as it depends on fluctuating stock levels and manufacturing capacity.
Prices indicate the unit price for a single, standard product and do not reflect discounts or surcharges unless otherwise stated.
Prices may be displayed inclusive or exclusive of VAT which is applicable at the current rate of VAT in the United Kingdom.
Despite our best efforts, products may be priced incorrectly at the time an order is placed and, in such a situation, could be subject to a price revision (see section 7.3 Sale price).
Although we endeavour to estimate an accurate time frame for delivery, a delivery date cannot be guaranteed. Delivery is contracted by third party carriers, a small proportion of consignments may encounter delays, damages or other issues. We accept no responsibility or liability for any consequential delay, damage, loss or expense incurred due to any issue with delivery undertaken by a third party.
The price is for the goods and services described on the quotation only.
Unless otherwise specified, standard goods and delivery services are quoted. Any specific requirements beyond the standard goods and services we offer may be quoted separately.
Quotations are valid for 90 days from the date of issue unless otherwise specified or invalidated due to changes to the rate of VAT in the United Kingdom.
Quotations do not represent an offer; we hold no obligation to accept an order in relation to any quotation provided.
Orders are subject to our acceptance, authorisation and confirmation of payment.
We will not consider ourselves bound by a contract with you unless we have issued written confirmation that the goods have been despatched.
If we decline or cancel an order, you will be refunded the full amount already paid for that order.
Larger orders shall be “made to order” and require significant planning and resource allocation. As such, different conditions apply to larger orders as specified in throughout these terms and conditions.
7.3. Sale price
We reserve the right to revise the contract price of goods in the case of a pricing error.
We will contact and inform you if a pricing error is discovered after an order is placed; you will have the option to either:
- Continue to purchase at the correct price
- Cancell the order and receive a full refund (see section 7.7 Refunds)
The order will not be processed until we establish your preference.
If we are unable to contact you or establish your preference regarding a pricing error then the order will be cancelled and refunded (see section 7.7. Refunds), you will be notified in writing.
If you continue to purchase the goods, we will provide instructions for payment of the outstanding balance, order processing will resume when the outstanding balance is paid.
7.4. Cancellation and amendments
Smaller orders may be cancelled entirely or partially any time before the order is despatched and you will be refunded the amount paid for those products cancelled.
Amendments to an order are subject to our acceptance.
Amendments may give rise to a price increase and may extend the duration required to process that order.
Larger orders are subject to a 24-hour cooling-off period which starts when the order is placed and may be waived upon written request from the customer to expedite an order.
After the cooling-off period has ended, larger orders are non-refundable.
Amendments to delivery are subject to further conditions (see section 8.10 Delivery amendments).
The customer is responsible for ensuring goods are inspected, tested, suitable and approved once received.
Smaller orders may be returned to us, entirely or partially, for any reason providing you:
- Inform us within 14 days from the day you receive the goods that you intend to return
- Return the goods within 14 days from the day you inform us
The customer is responsible for the arrangement, cost and safe return of the goods and shall be liable for any loss or damage occuring to those goods from the time you receive them until the time they’re returned to us.
Smaller orders shall be refunded in full providing they are unused, unopened and in good resaleable condition (see section 7.7 Refunds).
Larger orders are “made to order” and may not be returned unless defective whereby you must inform us of the issue within 14 days from the day you receive the goods.
The customer shall be informed of our decision to refund goods within 14 days from the day we receive the returned item(s) (see section 7.7 Refunds).
Restocking facilities are not available.
Refunds shall be initiated within 14 days from the sooner of:
- The day we Receive and accept returned goods
- The day weInform you of our decision to issue a refund
Refunds are processed by payment provider(s), it may take 1-6 weeks from the time we initiate the transaction for the funds to appear in your bank account.
The delivery of goods may be delayed due to circumstances beyond our control such as (but not limited to):
- Weather, congestion, obstructions or road closures
- Accidents or illness
- Technical issues, mechanical, electrical breakdown
- Industrial action, emergency legislation
In the event of delays, goods will be delivered as soon as possible depending on the situation.
We accept no liability for any damage, cost, loss or other consequences arising from a delay to manufacture, despatch or deliver goods.
Human resources and equipment should be scheduled and employed after goods are received to avoid unnecessary costs in the event of a delay.
7.9. Ownership and risk
Title to goods shall not pass from the company to the customer until the invoice for the goods has been paid in full to the company.
The customer shall hold the goods as bailee in a fiduciary capacity until the title of the goods passes to the customer.
Risk shall pass to the customer for loss, damage or deterioration of the goods when the goods are:
- Delivered to the recipient
- Collected from the company
- Held by the company at the customer’s request
- Held beyond the agreed collection date
7.10. Limitation on liability
In any event where we are found to supply defective goods to the customer, we shall be entitled to replace the goods at no charge to the customer or, at our sole discretion, provide a refund.
If we are found liable to the customer then that liability shall never exceed the price paid for the goods or services relevant to the claim.
7.11. Force majeure
We shall not be liable to the customer or held to be in breach of any contract if we are delayed or prevented from fulfilling that contract due to events arising from a “force majeure” event.
A “force majeure” event is an event beyond our reasonable control which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.
This could include but is not limited to, limitation strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, pandemics, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
8.1. Delivery prices
Delivery prices vary and depend on the following factors:
- Day and time
- Quantity, weight and volume of goods
- Specialised vehicle or equipment
A guide price may be displayed where any of these factors are unknown or where it is impractical to calculate. The guide price is typically a price to a popular postcode for a single item.
A delivery price may be adjusted as any of the above factors are revealed or changed and may be different from the guide price.
8.2. Dates and time frames
Delivery dates and time frames are estimated where provided.
The daily cut-off time applies to delivery dates and time frames, it can be found on the website or on request from our staff.
The customer may arrange or re-arrange a delivery date any time before the despatch date; the delivery date cannot be amended on or after the scheduled despatch date (see section 8.10 Delivery amendments).
A delivery date, once provided, is not guaranteed due to various factors beyond our control (see section 7.8 Delays).
In some cases, a specific date cannot be provided; a date-range may be the most accurate estimate available and is often the case for deliveries:
- outside the United Kingdom
- to less accessible locations inside the United Kingdom
- to locations with restricted access
- with specific requirements for a particular type of vehicle or equipment
The word "date" is used interchangeably and may refer, as is applicable, to a specific date or a date-range throughout these terms.
8.3. Time of day
The timing of delivery depends on the delivery service used:
Delivery between 8 am – 6 pm
Delivery before 12 pm / noon
A more accurate timing cannot be provided either on or before the delivery date; the delivery driver cannot be contacted to provide an ETA on the delivery date.
Morning delivery service is available on request and is recommended if a person is unavailable to receive the delivery between 3 pm – 6 pm as is often the case at building sites or in places of business.
8.4. Weekdays, working days
As standard, goods are delivered from Monday to Friday on working days, they are not delivered on weekends or bank holidays. A Saturday delivery is available and can be quoted and arranged on request.
8.5. Delivery service
Goods shall be delivered to the delivery address specified on the order by a third-party contractor using a delivery service as deemed appropriate:
- Parcel delivery service
- Pallet delivery service
The goods may be delivered using one or more contractors and/or delivery services and may arrive separately on different days or at different times throughout the day.
Third-party contractors are selected from our approved supplier list and are monitored in accordance with our quality management standards.
8.6. Parcel delivery service
Delivered by a parcel delivery company such as FedEx, APC, DHL, Parcelforce or similar.
A long wheel-based Transit/Sprinter type of van is used as standard.
Parcel delivery services may be appropriate when pallet delivery is more expensive or impractical, the goods are charged per parcel:
- Bulky items constitute a single parcel
- Multiple smaller, lightweight items may be packaged together into a single parcel
Bulky items are goods weighing 5kg or more or goods that cannot packaged inside a 12” x 9” x 6” box.
Multiple items may be packaged together into a larger box to create a single parcel. The original packaging shall not be removed from the goods. Items shall not be embedded within the original packaging of other goods.
The original packaging shall constitute any packaging received from the manufacturer or supplier that we deem relevant and specific to the product and/or brand.
Per parcel prices may appear uneconomical but may be substantially cheaper than a pallet delivery when a smaller quantity of goods is required.
8.7. Pallet delivery service
Delivered by a pallet delivery company such as TPN (The Pallet Network), Palletways, Pall-ex or similar.
A rigid 18-ton vehicle is used as standard, the size of a council bin lorry.
A smaller vehicle must be requested if accessibility to the delivery address is limited to smaller vehicles (see section 8.8. Access restrictions and obstructions).
A larger articulated vehicle may be required for large loads (of 12 pallets or more).
The goods are delivered kerbside, that is the nearest suitable kerbside point to the vehicle for the purpose of unloading.
A suitable kerbside point requires hard solid ground navigable by pump truck. Pallets cannot be moved to or across gravel, mud, sand, steep hills, steps or any location not at ground level.
The delivery driver may, at their sole discretion, move the goods to an alternative point providing it is safe and practical to do so. The delivery driver is not obliged to move the goods beyond a kerbside point and is required to operate within health and safety guidelines.
If the recipient fails to receive and accept delivery of the goods, a pallet consignment is returned to the delivery depot in most situations (see section 8.12. Returned to depot).
8.8. Access restrictions and obstructions
The delivery address may not be accessible by the standard size of delivery vehicle and further arrangements may be required.
A specific type of vehicle and/or specific equipment may be allocated to deliver the goods.
Allocation of a specific vehicle and/or equipment may affect the delivery date (see section 8.2. Dates and time frames).
The customer is required to inform of us of conditions which may obstruct access to the delivery address (see section 8.9. Delivery instructions) which could include (but is not limited to):
- Located on steep hill
- Exclusive access by narrow road, street or lane
- Exclusive access by nearby low bridge, tunnel or overhead obstruction(s)
- Traffic, parking or unloading restrictions
- Inaccessible to council bin lorry
Failure to inform us of restrictions to the delivery address may incur additional charges (see section 8.13. Additional delivery charges).
8.9. Delivery instructions
Additional information can be provided to the delivery driver to assist them, this could include:
- Directions to or inside the delivery address
- Information to determine the type of vehicle required
- Instructions for access and security clearance
- A safe place to leave the goods if the recipient is unavailable
- Contact information and/or requests to contact the recipient
This information is provided by the customer when placing an order or before the scheduled despatch date (see section 8.10. Delivery amendments).
Information should be clear and concise; a minimum of information can be captured and provided to the delivery driver due to technical limitations.
Specific requests are at the discretion of the company, third-party contractor(s) and delivery driver and cannot be guaranteed.
All information and requests provided as delivery instructions shall be subject to these terms and conditions.
8.10. Delivery amendments
The customer may amend delivery arrangements any time before the scheduled despatch date but not on or after the scheduled despatch date.
Amendment of some details may be subject to additional charges or refunds (see section 7.4 Cancellation and amendments and section 8.1. Delivery prices).
The despatch date shall be defined as the day the goods are scheduled for despatch, commencing at 00:00 (12 am) in the current time zone of the location the goods will be despatched.
The despatch date is scheduled in order to meet the delivery date which may be requested by the customer or otherwise estimated at the time of purchase.
8.11. Delivery of goods
A recipient must be present and available to receive the goods at the delivery address.
Failure to receive the goods may incur additional charges (section 8.13. Additional delivery charges).
The delivery driver is not obliged to wait for the recipient, if the recipient is absent or unavailable, the goods shall be either:
Returned to depot
Most pallet deliveries, some parcel deliveries (see section 8.12. Returned to depot)
Some parcel deliveries (see section 8.14. Leaving unattended)
Left with neighbour
Some parcel deliveries (see section 8.14. Leaving unattended)
The appropriate course of action shall be determined by the delivery driver and the decision is at their absolute discretion.
If the recipient refuses to accept delivery, this shall constitute a return of the goods (see section 7.6. Returns).
8.12. Returned to depot
The goods may be returned to the delivery depot when the recipient is not available to receive them. Further arrangements must be made to obtain the goods by collection or redelivery.
The goods may be available to the customer for collection from the depot at no additional cost, however, this is not guaranteed. The delivery depot may be subject to public opening restrictions and may be unable to accommodate collections as required.
Redelivery of parcels
Parcel delivery companies may leave instructions to guide you, as such, you may not require our assistance to arrange collection or redelivery.
Inform us as soon as possible if the delivery driver leaves no instructions, our staff will assist.
Redelivery of parcels may incur additional costs to the customer (see section 8.13. Additional delivery charges).
Redelivery of pallet(s)
Please inform us as soon as possible if the recipient fails to receive a pallet delivery.
Pallet(s) can be redelivered on a day that is convenient to the customer but within 5 days of the original delivery date.
Redelivery of pallet(s) shall incur additional costs to the customer (see section 8.13. Additional delivery charges).
8.13. Additional delivery charges
Additional delivery charges apply when the recipient fails to receive delivery and additional transport is required.
The customer shall be responsible and liable for all additional redelivery charges.
Redelivery can be arranged and goods received when additional delivery charges are paid and settled.
8.14. Leaving unattended
The goods may be left unattended in a suitable location if the delivery driver, at his discretion, deems it safe and practical to do so.
The customer shall be responsible for the goods once left unattended and shall be liable for any consequent damage, cost or loss.
The customer may request the goods are not left unattended by informing our staff when placing the order or before the despatch date (see section 8.10. Delivery amendments).
8.15. Delivery notification
Delivery notifications are sent electronically using the contact information specified on the order.
The customer is required to ensure electronic messages are not blocked or filtered.
Notifications may be sent by a third-party contractor.
We accept no liability for any damage, cost, loss or other consequences arising from a failure to submit or deliver electronic notifications to the customer or recipient.
The goods may be collected by the customer by prior arrangement on an agreed delivery date (see section 8.2. Dates and time frames).
A third-party or agent must be identified and authorised by the customer before collecting the goods on their behalf.
A collection note shall be signed upon collection and prior to departure confirming receipt of the goods.
Facilities for customer collection may be subject to opening restrictions and may not be accommodated in some circumstances.
Despite our best endeavours to ensure that the website is fully operational and error, this cannot be guaranteed, the website is provided “as is” and “as available”.
We accept no responsibility or liability for:
- Outages or interruptions to the availability of the website.
- Defects or errors
- Links to third party websites
We reserve the right to terminate or suspend your access or registration to the website without prior notice or liability, for any reason, including without limitation.
Upon termination, your right to use the website will cease immediately.
10. Law and jurisdiction
These terms and conditions and all contracts shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
These terms and conditions may appear translated by us or by a third-party translation service without our knowledge. You agree that the original English text shall prevail in case of a dispute.