These conditions apply to all orders. For plain-English answers about samples, delivery and damage claims, see our FAQs and delivery information.
1. Definitions
1.1 The “Company/Seller” means Doga Int Limited / DogaStone.co.uk, Unit 18, The Vinery Industrial Estate, A27 Arundel Road, West Sussex, BN18 9PY.
1.2 The “Buyer” means any person, firm, company or organisation to which goods are sold by the Company.
1.3 The following terms and conditions apply to all transactions, and an order will be deemed to be acceptance of these terms and conditions.
2. Basis of the sale
2.1 The Buyer orders and agrees to purchase, and the Company agrees to sell, the Goods subject to these Conditions.
2.2 No variation of, modification of, or substitution for these Conditions (even if included in or referred to in the document placing the order) shall be binding unless specifically accepted by the Company in writing.
2.3 The Seller does not advise on suitability. No warranty, implied or explicit, attaches to any guidance we may give. Buyers must take independent advice on suitability for any given environment.
2.4 The Company may at its discretion provide estimates of quantities, but these are general guidance only. It is the Buyer’s responsibility to ensure the correct quantity of goods is ordered, and the Company shall not be responsible for any shortfall or surplus.
2.5 It is the Buyer’s responsibility to check that all details relating to the order are correct, and to provide the Company with relevant information about the environment in which the goods are intended to be used and about their delivery.
3. Validity of quotation
3.1 Unless previously amended or withdrawn, the Company’s quotation is valid for 7 days only. A quotation is not an offer but an invitation to the Buyer to place an order under these Conditions.
3.2 The Company reserves the right to change the price by giving the Buyer notice at any time before delivery, to reflect any increase in the cost of the Goods to the Company arising from factors beyond its control (including foreign-exchange fluctuations, alteration of duties, and increases in the cost of transport and materials).
3.3 If the Buyer receives notice of a price change, the Buyer is entitled to cancel the order without penalty by giving not less than 2 working days’ notice to the Company in writing.
3.4 Where an order accepted by the Company is cancelled or varied by the Buyer, the Buyer shall be responsible for any costs, losses or expenses properly and reasonably incurred or suffered by the Company as a result of the cancellation or variation.
4. Price & terms of payment
4.1 Prices are subject to alteration or withdrawal without notice.
4.2 Prices exclude VAT and delivery charges unless stated otherwise.
4.3 Orders are accepted subject to these Conditions, and Goods are invoiced at the prices ruling on the date of payment.
4.4 Subject to any special terms agreed in writing between the Company and the Buyer, the terms of payment are as follows:
4.5 For all orders, payment must be received in full as cleared funds prior to dispatch of the order.
4.6 Liability for payment arises at the time of the order. If payment is not received prior to delivery, the Company reserves the right to charge interest at the rate of 1.5% per month on unpaid balances (whether before or after any judgment).
4.7 Special orders must be paid in full and, once ordered, are not retractable.
4.8 Clearance and special-offer items are sold as seen; the onus is on the Buyer to be satisfied as to their quality at the time of purchase. No refunds or exchanges are available for these goods.
5. Product information & samples
5.1 All descriptions, images (in print and online), advertising and specifications give an approximate representation of the goods only, and their accuracy cannot be warranted by the Company.
5.2 The Company shall be under no liability in respect of natural and geological variations in colour, markings, texture and size, including between consignments, which are beyond the Company’s control.
5.3 Buyers ordering from the travertine range (“honed & filled”) must accept the following natural occurrence: cavities found on the surface are filled with compound at the factory, but not those inside the stone. After installation, cavities just beneath the surface may appear through wear and tear, at no specified time (for example after 3 months or 3 years), and this cannot be controlled or prevented.
5.4 Samples are supplied within the Company’s tolerance limits of size, texture and colour variation. The Company cannot guarantee to match the shades of samples presented or of any previous orders supplied.
5.5 The Buyer acknowledges that natural stone may be porous to some degree and should be sealed, and that some Goods may scratch easily and/or be subject to natural pitting or chipping.
5.6 Stone delivered to site must be stored securely in suitable conditions. Tiles must always be stacked and stored vertically (on edge), and not on a hard surface, which can cause unnecessary edge chipping.
5.7 The Company strongly suggests that all tiles are blended before installation. The installer must understand blending requirements and any special patterns as part of their skills.
5.8 The Buyer should always allow for wastage on each project before ordering — for instance, minor damage that may occur during transportation, site handling, cutting and grading.
5.9 An order should always include an additional minimum of 10–15% to allow for wastage, cutting, minor imperfections and breakage.
5.10 When sorting tiles for blending, normal practice is to set aside tiles with minor damage or unusual markings for use where cut tiles are required or in less visible locations. Natural stone is particularly susceptible to colour and tonal variation from batch to batch.
6. Delivery
6.1 Delivery charges are paid by the Buyer and vary depending on size, weight and distance from the Company’s warehouses or suppliers.
6.2 Any dates quoted for delivery are approximate only, and the Seller shall not be liable for any delay in delivery however caused. Goods may be delivered in advance of the quoted date on reasonable notice to the Buyer.
6.3 Where Goods are delivered in instalments, each delivery constitutes a separate contract. Failure by the Company to deliver any instalment in accordance with these Conditions, or any claim by the Buyer in respect of any instalment, shall not entitle the Buyer to treat the Contract as a whole as repudiated.
6.4 Delay due to circumstances outside the Company’s control shall not entitle the Buyer to cancel any order or refuse delivery.
6.5 Goods will be off-loaded at the nearest accessible point to the delivery address at the driver’s discretion, which may be the kerbside.
6.6 If delivery is unsuccessful because no one is present, or because the Buyer failed to inform the Company of private-access restrictions, the Goods will be held pending further instructions from the Buyer. The Buyer will be charged an additional delivery charge for every re-delivery attempt.
7. Examination, reporting damage & acceptance
7.1 The Company takes care to ensure all Goods leave in good condition. All Goods are dispatched with a plastic covering. If this covering has been tampered with in any way, please do not accept the delivery and report it to the Company immediately.
7.2 Goods must be checked immediately upon delivery, and any damage, shortages or incorrect items must be recorded on the carrier’s delivery note. A delivery note marked “unchecked”, or failure to record damage, will be deemed acceptance that there is no damage and no shortage, and the Company will not accept any claim thereafter.
7.3 Take high-definition digital photographs of any damaged items and forward them to us with a written statement of the damage within 24 hours, so the Company can claim against the carrier.
7.4 Where confirmed and accepted by the Company, shortages, damage and incorrect deliveries will wherever possible be remedied within a further 14 working days, subject to availability.
7.5 The Company reserves the right not to replace damaged tiles where the total affected is less than 5% of the total order.
7.6 The Buyer shall be deemed to have accepted the Goods if they have been fitted or fixed, or an attempt has been made to fit or fix them, to a wall or floor.
8. Cancellation & returns / refund
8.1 In the unlikely event that the Buyer is unhappy with the Goods supplied, the Buyer has the statutory right to cancel the contract within 7 working days of delivery (except for orders which were specially made). The Buyer must arrange and pay for the return of the Goods to the Company, and the purchase price will be refunded on confirmation that the Goods are in the same condition as delivered. The value of any Goods found to be damaged on return will be deducted from the refund.
8.2 No returns are accepted after 7 working days unless the goods are visibly damaged or confirmed defective by an independent tile expert. In exceptional circumstances, Goods may be accepted for credit; where such consent is given, a minimum re-stocking fee of 20% of the price of the Goods will be charged, plus any delivery charges where applicable.
8.3 The Buyer shall pay the cost of the original delivery and shall at all times arrange and pay for the cost of returning the Goods to the Company.
9. Risk
9.1 Risk of damage to or loss of the Goods passes to the Buyer upon delivery.
9.2 Notwithstanding delivery and the passing of risk, ownership of the Goods shall not pass to the Buyer until the Company has received payment in full, in cleared funds, of the price of the Goods.
10. Liability
10.1 The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer; nor in respect of any defect arising from wilful damage, negligence, abnormal storage conditions, failure to follow the Seller’s instructions (oral or written), misuse, or alteration or repair of the Goods without the Seller’s approval.
10.2 The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price of the Goods has not been paid by the due date.
10.3 The Company accepts no liability for consequential loss or damage to property attributed to failure of the goods supplied, whether due to accident, abuse or incorrect technical assessment. In any event, the Company’s maximum liability in all cases is limited to the invoice value of the Goods supplied.
10.4 The Seller gives no undertaking that the Goods are fit for any particular purpose. The Buyer, having greater knowledge of their own requirements, relies entirely on their own skill and judgement in evaluating the suitability of the goods.
10.5 Any claim based on a defect in the quality or condition of the Goods, or their failure to correspond with specification, must be notified to the Seller within 48 hours of delivery (whether or not delivery is refused). If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods, the Seller shall have no liability for the defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
10.6 Where the Goods have started to be fitted, or have been fitted in the majority or in total, this is deemed acceptance of the product supplied and no claims will be accepted.
10.7 The Buyer acknowledges that it places no reliance whatsoever on any advice given by the Seller in relation to the suitability, fixing or other installation of the goods.
11. General
11.1 If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract, and the remainder of the provision in question, shall not be affected.
11.2 Any dispute arising under or in connection with the Contract or the sale of the Goods shall be referred to arbitration by a single arbitrator appointed by agreement or, in default, nominated on the application of either party by the President for the time being of the relevant trade association, in accordance with the rules of that association.
11.3 The Contract shall be governed by the laws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.