Terms and Conditions
Echinus Ltd., (referred to in these terms and conditions as “we“, “us“, “our” or "Echinus") is a company incorporated in England and Wales under company number 12143614.
This document sets out the terms and conditions on which we supply the goods and services listed on our website and in our promotional and marketing materials. By contracting our services or ordering any of our goods you agree to be bound by these terms and conditions.
Our contact details
If you have any questions regarding us, the website, our goods or services or an order that you have placed, please email: firstname.lastname@example.org
By contracting our services or placing your order through our website, you warrant that:
a) you are at least 18 years old;
b) the information given on your order form or enquiry is complete and accurate.
Any pending contracts and orders are subject to acceptance by us, (in turn subject to existing bookings, availability of staff, availability of the requested item(s) etc.). The client’s acceptance of a quotation for goods or services in writing stands as confirmation that they have read and accepted Echinus Ltd’s terms and conditions and consent to any payment schedule indicated in the quotation.
On acceptance of a contract of works, Echinus Ltd. will negotiate with the client a mutually acceptable schedule of works. Please note, this schedule is a guide for the client and does not bind Echinus Ltd. to work to a given completion date or to attend the working ‘site’ on any given/specific days. Whilst every effort will be made by us to meet agreed completion dates, the schedules of work are necessarily flexible and may be adapted, as Echinus Ltd. advise to account for delays beyond our control (e.g. weather conditions, availability of materials and staff etc.)
In the event of delays or changes to completion dates, we accept no liability to incursion of late charges, extra costs etc.
At the discretion of Echinus Ltd., for some contracts, a deposit will be requested before commencement of the project. For certain contracts, (e.g. over a threshold value), Echinus Ltd. will invoice for staged payments at intervals throughout the schedule of works (i.e. tranches of the agreed total cost of the contract), again at the discretion of Echinus Ltd. Where deposits or staged payments are required, the specifics will be advised with the initial quotation and the client’s acceptance of the quotation is an indication of consent to the requested payment schedule.
Any and all materials or worked stone components remain the property of Echinus Ltd. until receipt of the final balance payment of any order or contract of works.
After placing an order for goods you will receive an email from us acknowledging that we have received your order. The email will state the item(s) you have ordered, the cost (including VAT where applicable and postage and packaging) and delivery and invoice details. If your order has been unsuccessful, you will be made aware of the reason why and possible explanations. Please note that this acknowledgment email does not mean that your order has been accepted – your order constitutes an offer to us to purchase goods. All orders are subject to acceptance by us and we will confirm such acceptance by sending you an email confirming that we have dispatched the item(s) to you (the “dispatch confirmation“). That email shall be accompanied by an invoice for required deposit. Receipt of the deposit represents our legal acceptance of the order you made to purchase the item(s) and the contract between us (the “Contract“) will only be formed when we send you the dispatch confirmation.
If we confirm to you that some but not all item(s) that you have ordered have been dispatched, those item(s) that have not been dispatched will not form part of the Contract. In the event of any change, such as a change in price or expected delivery date, between the completion of your order and the sending of the dispatch confirmation, we shall inform you and you shall at that point have the right to either: (a)
accept such change (in which case your email reply will represent a new offer which we will accept upon notification of dispatch); or (b) reject such change (in which case your email reply will represent a withdrawal of your order, or the relevant part of you order as the case may be).
Risk and title
The goods will be at your own risk from the time of delivery.
Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.
Price and payment
All prices include 20% VAT where necessary but exclude delivery costs, which will be added to the total amount.
All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your credit/debit card refuses to authorise payment to us, your order will not be accepted and we will not be liable for any delay or non-delivery.
Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through www.echinusstone.com
Deposits, staged payments and invoices for any site work are to be paid in full within 7 days.
The final invoice for hand carved pieces are to be paid on the day of the customer receiving the piece.
The conditions of use relating to any discount/promotional code are as follows (unless otherwise stated):
a) Only one promotion code can be used per order. A promotional code can’t be used after an order has been placed.
b) Each voucher code is strictly limited to one use per customer.
c) Promotional codes cannot be exchanged for cash.
d) You shouldn’t pass your promotional code to anyone else – you should keep it confidential and only use it for your own purchases through www.echinusstone.com
e) If we consider the use of a specific promotional code abuses the spirit in which the promotional code was issued, then we can cancel or withdraw that promotional code at any time, and without letting you know beforehand.
Echinus Ltd. deliver worldwide. VAT is automatically deducted on non-EU delivery addresses. For delivery outside the UK, you will be responsible for obtaining all necessary licences and complying with all applicable legislation and regulations governing the export of goods from the UK and the importation into the country of destination. You will also be responsible for the payment of any applicable import duties and taxes.
Cancellations and Returns
Please ensure you have thoroughly checked the piece/work provided by Echinus before making the final payment of the balance owed as this is Echinus' confirmation of your satisfaction with the work provided. It will not be possible to make a claim that products/work were damaged on delivery after this payment is made. Echinus keep dated visual records of work in situ as evidence of its condition on installation.
As Echinus' pieces are generally hand-made to order in the design of your choosing, Echinus is not normally able to offer a returns service unless the product is found to be defective. Echinus work with natural materials and as such, there may be variations (e.g. in colour, texture and appearance) within the acceptable limits of standards for the materials agreed with the client. Echinus retain a job-referenced, sample piece of stone from every piece/project undertaken, for our own records.
If you wish to cancel an order before we begin work on the piece/project please email email@example.com to discuss the possibility of this. You will still be liable for the cost of any consultation work, processing fees and any materials already purchased by Echinus for your piece/project prior to cancellation of order.
For some items purchased directly from Echinus, (e.g. cast stone pieces) a five year warranty service is offered. This warranty applies in the unlikely event that a product fails, due to a design or production fault. For pieces in the Echinus online shop that hold a five-year warranty option, details are given within the item listing.
This warranty does not apply if Echinus assembly recommendations have not been followed or if a problem arises as a consequence of the actions of the client or a third party. To activate this warranty you must inform us in writing by sending an email to firstname.lastname@example.org, stating your order reference and the item fault. If the warranty is found to be valid, you must return the goods to us in the same condition in which you received them and at your own cost and risk.
***Engraved, personalised or special order items are non-refundable.***
For any defective items not covered by warranty – please inform us as soon as possible by sending an email to email@example.com, stating your order reference and details of the fault. Your statutory rights as a consumer are not affected.
Refunds will be processed within 5 working days, to the same card used to pay for your purchase. Unless goods are faulty or incorrect, you will be responsible for the cost of returning the goods to us.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our promotional and marketing materials and all material on our website www.echinusstone.com (including all text, data, databases, graphics, layout, logos, images, audio material, clips, films or other moving images, algorithms, item details and/or software published or otherwise made available on the website from time to time) and the trade marks displayed on the website. Subject to these terms and conditions, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the website for your personal and non commercial use only. Where specified on the relevant part of the website, the licence granted in these terms and conditions may be limited to a particular period of time and/or may be subject to additional terms and conditions.
Except as set out in the limited licence above (or as required under any applicable law), no part of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. In particular, you are not permitted to republish any part of the website on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission.
Acceptable use of the website
While accessing, browsing and/or using the website you must:
(a) comply with all applicable laws, regulations and codes of practice;
(b) not impersonate another person or use a false name or email address;
(c) not collect or store personal information regarding other users (unless expressly authorised to do so);
(d) not solicit funds, advertisers or sponsors;
(e) not deep-link to and/or frame or use framing techniques to enclose the website, or any part of the website, without our prior written consent;
(f) not modify, or attempt to modify, all or any part of the content on the website;
(g) not gain or attempt to gain unauthorised access to the website, the server on which the website is stored or any third party server, computer or database connected to the website;
(h) not post, transmit, submit, refer to, make available or link to or from any material which (in our sole opinion):
(i) is untrue, fraudulent, inaccurate or incomplete; and/or
(ii) is obscene, threatening, menacing, offensive, defamatory, abusive, causes annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise is in breach of or violates any applicable law or regulation or code, and/or
(iii) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the website; and/or
(iv) which contains any virus or other harmful code, or which may otherwise impair or harm the website or our computer systems or any third party computer system.
Neither we nor any of our data providers or affiliates gives any warranty or guarantee: (a) relating to the availability of the website; (b) that the website and/or our operation of it, the content or the server that makes the website available, are error or virus free or free of other harmful components; or (c) that your use of the website will be uninterrupted.
Although we take every care to ensure accuracy, we make no warranties as to the accuracy of the information we place on our website.
Limitation of liability
We will only be responsible for any losses you suffer as a result of us breaching these terms and conditions and/or any Contract if the losses were reasonably foreseeable to both you and us when you started using the website or when a Contract was formed.
We will not be responsible for any indirect or consequential loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) that is not reasonably foreseeable to both you and us when you started using the website or when a Contract was formed.
Notwithstanding any provision of these Terms, we do not exclude or limit our liability for:
(a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or
(b) fraud or fraudulent misrepresentation; or
(c) any liability which it is not lawful to exclude either now or in the future.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a) use of, or inability to use, our site; or
b) use of or reliance on any content displayed on our site.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events or circumstances outside our reasonable control.
If the whole or any part of any provision of these terms and conditions is or becomes invalid, void or unenforceable for any reason, the same shall, to the extent required, be severed from these terms and conditions and rendered ineffective so far as is possible without modifying the remaining provisions of these terms and conditions and shall in no way affect the validity or enforceability of any other provisions.
These terms and conditions supersede all prior agreements, arrangements and understandings between you and us concerning the website and/or any Contract and constitute the entire agreement between you and us in respect of the access, browsing and use of the website as well as the purchase of items made via the website.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or been implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
No waiver by us of any breach of these terms and conditions shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
These terms and conditions are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may in exceptional circumstances necessarily sub-contract all or part of the works agreed in a contracted project to named and approved providers but will do so only with prior written consent from the client.
Governing law and jurisdiction
These terms and conditions, your use of the website and/or any Contract shall be governed by and construed in accordance with English law and the English courts shall have non-exclusive jurisdiction over any dispute which may arise.