Terms & Conditions
In these conditions of sale ‘Conditions’ means the standard terms and conditions of sale set out in this document and, unless the content otherwise requires, includes any special terms and conditions agreed in writing between the Company and the Customer, the ‘Company’ means Rhino Rock LLP and the ‘Customer’ means the person or organisation who has placed the order. The ‘Goods’ means the goods, including any instalment of the goods or parts of them, which the Company is to supply in accordance with these Conditions.
Retail prices are quoted in £ and are inclusive of VAT and subject to alteration without notice, the invoice price being that ruling at the time of despatch. Retail prices are quoted exclusive of delivery. Trade prices quoted are exclusive of VAT and are subject to alteration without notice, the invoice price being that ruling at the time of despatch. Trade prices are quoted exclusive of delivery. All prices quoted are only valid for 30 days. The Japanese Garden Society Members discount scheme is available on plants and materials only.
Terms of payment are cash with order. Rhino Rock llp reserves the right to decline any order without stating the reason. Without prejudice to any other right or remedy, the Rhino Rock llp may charge interest on such sum from the due date for payment under the Late Payment of Commercial Debts (Interest) Act 1998 and the Customer shall pay the interest immediately on demand. Further the Company may suspend all deliveries or other services until payment has been made in full. Bespoke orders must be paid for in full when ordering.
Returns & Refunds
You have the right to cancel within seven days of purchase, or seven days of receipt of the goods (whichever is the longer). The shopper will have their payment returned excluding the cost of any delivery costs incurred (this will include the original delivery cost plus the cost of returning the items). We will arrange for collection of the order to be returned, the goods must be packed safely and securely onto a pallet with a return address label. We will provide you with a return address label via email and inform you of a weekday collection date. Your payment will be refunded securely through Worldpay, within 7 days. Returns will not be accepted when ordering live plants.
No guarantee can be given that Goods will be delivered at a specific time. Deliveries made by the Company are subject to availability of transport. The Customer shall provide sufficient labour to help unload the vehicle. All deliveries are to kerb side; it is the Customers responsibility to move the goods from that point. The Company shall not be liable for any delay in the performance of the contract by reason of any delay or failure of the Customer in supplying any specification required. Should the Customer not be present to accept the delivery, a further delivery charge will be made to cover the return journey. Deliveries are made by national haulage Companies, Couriers, or Post.
Goods may be collected from the Company’s premises.
Rhino Rock llp shall have the right to cancel or delay delivery or to reduce the amount delivered if it is prevented, hindered or delayed in manufacturing or delivering, by normal means of manufacture or delivery, the Goods of the description covered by the contract through any circumstances beyond its control including but not limited to strikes, lockouts, accidents, war, fire, unavailability of power at the manufacturing plant, breakdown of plant or machinery or storage or unavailability of raw materials from normal sources of supply.
Title of Goods
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the goods shall not pass to the Customer until Rhino Rock llp has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Rhino Rock llp to the Customer for which payment is then due. The risk in the Goods shall pass to the Customer on completion of delivery. Until such time as the title in the Goods passes to the Customer, the Customer shall hold the goods as Rhino Rock llp’s fiduciary agent and bailee and shall keep the Goods separate from those of Rhino Rock llp and third parties and properly stored, protected and insured and identified as the Rhino Rock llp’s property. Until such time, the Customer shall be entitled to resell or use the Goods in ordinary course of its business but shall account to Rhino Rock llp for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds and shall keep all such proceeds separate from any monies or property of the Customer and third parties and, in the case of tangible proceeds, properly stored, protected and insured. Until such time as the title in the Goods passes to the Customer, Rhino Rock llp shall be entitled at any time to require the Customer to deliver up the Goods to Rhino Rock llp, and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods. The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Rhino Rock llp, but if the Customer does so all monies owing by the Customer to Rhino Rock llp shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
Measurements & Specifications
Rhino Rock llp reserves the right to alter product specifications without notice to the Customer. Exact conformity in production with any samples which have been previously submitted cannot be guaranteed. The appearance of natural stone products may vary from piece to piece in terms of colour, tone and texture. Any recommendations or suggestions relating to the use of the product made by Rhino Rock llp is given in good faith but it is for the Customer to be satisfied as to the suitability of the product for the particular purpose intended. All weights, measurements and specifications quoted by Rhino Rock llp are nominal and subject to manufacturing tolerances.
Rhino Rock llp does not make or give any warranty, representation or undertaking as to the quality of the Goods, their correspondence with description or fitness for purpose or that the Goods are not defamatory, injurious, obscene, unlawful, or in breach of copyright in any other manner whatsoever.
Without prejudice to the foregoing provisions of this clause, claims for any damage to or shortages in Goods delivered must be notified to the Carrier and Rhino Rock llp at the time of delivery (if the Goods are inspected by or on behalf of the Customer at the time of delivery) or, if the Goods are not so inspected, immediately upon inspection after delivery and in both cases confirmed to the Carrier and Rhino Rock llp in writing within 5 days of delivery. Written notice of claims for non-delivery must be given to Rhino Rock llp within 14 days of the invoice date. On no account will claims be considered if notified outside these periods.
Subject to the foregoing provisions of this clause Rhino Rock llp will not in any circumstances be liable to the Customer or any successor or assignee of the Customer in respect of any loss of whatsoever nature occurring to the Customer arising from the supply of Goods or from non-delivery, delayed delivery, damage to or loss of the Goods owing to any act or omission by Rhino Rock llp (including negligence) or any cause not within the Rhino Rock llp’s control including (without limitation) fire, flood, accident, strike, riot, lock-out, trade dispute, industrial action, terrorism, nuclear accident, war, insurrection, or act or restraint of Government.
The Customer shall notify Rhino Rock llp forthwith in writing of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights in the goods covered by this invoice of which the Customer becomes aware.
No variation to these terms and conditions shall be binding unless agreed in writing between the authorised representatives of Rhino Rock llp and the Customer.
By accepting delivery of the Goods from Rhino Rock llp, the Customer acknowledges receipt and thereby agrees to be bound by these terms and conditions and further acknowledges that these terms and conditions comprise the only terms and conditions on which Goods are supplied and that they shall not, and shall not be deemed to be, altered or varied to any extent by any previous correspondence between Rhino Rock llp and the Customer or by provision by the Customer to Rhino Rock llp of any other terms and conditions in respect of Rhino Rock llp’s goods.
Responsibility for the Goods shall pass to the Customer at time of delivery or collection and the Goods shall be deemed to have been received complete and in satisfactory condition. Where shortages or damages arise the delivery note must be endorsed accordingly. No liability is accepted by Rhino Rock llp in the event of non-arrival, damage or losses in transit of the Goods unless the Customer notifies Rhino Rock llp and the hauliers in writing within 7 days of the loss or damage.
Rhino Rock llp will process any personal data fairly and lawfully in accordance with the principals of the Data protection Act 1998. You have a right to request a copy of the personal data Rhino Rock llp holds about you. All financial transactions are PCI DSS compliant.
These Conditions shall be governed by English Law.