Terms Of Sale

In order to contract with Tons of Stone you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Tons of Stone retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Tons of Stone or may in some cases be a third party.

Where a contract is made with a third party, Tons of Stone is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

 

Our Contract

 

When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you order has been processed and your order will be fulfilled. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

 

Pricing and Availability

 

While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Taxes

The prices quoted herein do not include sums necessary to cover any taxes or duties including but not limited to Federal, State, Municipal excise, sales or use taxes or import duties upon the production, sales, distribution, or delivery of goods or furnishing of services hereunder. Any taxes or duties that are due and owing hereunder shall be paid by the Buyer. Accordingly, Seller reserves the right to revise its price after the execution of this Order between the parties to include any and all taxes or duties that may become due hereunder and Seller may invoice Buyer for said additional amount. This clause shall survive the acceptance and complete performance of this Order by the parties herein.

 

Payment

 

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The money received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Condition of Sale

 

After you submit your order and the checkout process is completed, your order is taken from inventory and your credit card will then be charged. Customer agrees that their order will be delivered without requiring a signature. Our shipping company will contact you prior to delivery and once the freight is near your location.

Please note that all stone deliveries are handled through a third party shipping carrier. A tracking number will be provided at time of shipment. All pallet stone deliveries are curbside drop off. Each arriving truck will have a pallet jack and lift gate installed on the truck for unloading. It is customers responsibility to move stone pallet from curbside to project work site. If a customer has access to a forklift or skid steer machine, customer has the choice of unloading with they're own equipment. For full truck loads or any load over 10 pallets, we will contact you directly about unloading options at your jobsite.

Changes

 

Seller at all times reserves the right, and is entitled in its sole discretion, to make changes, additions or improvements to the products being delivered under an order without liability or any obligation to incorporate such changes, additions or improvements into any item or product manufactured, sold or delivered prior to incorporation of the change, addition or improvement.

Customer may make shipping address changes or order cancellations prior to order being shipped. Once an order has shipped, it is not possible to stop the order from transit. In this case a requested cancellation will fall to our return policy stated below. If a change of address is requested, additional costs will be incurred from the shipping carrier. We will at that point contact the shipping carrier, find out the additional cost and give you the option of continuing with the original shipping address or paying for the additional shipping cost to the new address.

Please note that at time of delivery we will provide a tracking number and phone number of the shipping company for your convenience. The shipping company will call you prior to delivery to your location. It is important to lookout for this call. If a shipping company cannot get in touch with you or if they attempt delivery and you are not available to receive your order, additional costs may be incurred. If you have any questions or concerns about a delivery in transit, you may call us at any time.

 

Excusable Delay 

 

The Seller shall be excused from delays in delivery and performance of other contractual obligations under this Order caused by acts or omissions that are beyond the reasonable control and without the fault or negligence of Seller including but not limited to Government embargoes, blockades, seizure or freeze of assets, delays or refusals to grant an export license or the suspension or revocation thereof, or any other acts of any Government, fires, floods, severe weather conditions, or any other acts of God, quarantines, labor strikes or lockouts, riots, strife, insurrection, civil disobedience, war, material shortages or delays in deliveries to Seller by third parties. If the excusable delay circumstances extend for six months, either party may, at its option, terminate this Order without penalty or liability and without being deemed in default or in breach thereof.

 

Return Policy

 

Tons of Stone will accept returns given prior approval and communication through our email system. Any returned product must be shipped in its original shipping container. If a product arrives opened, damaged, or tampered with in any way, we will not refund your purchase. Any refunds given will incur a shipping cost reduction. We will not refund shipping cost to you or when returning back to us, an additional restocking fee of 20% will also be assessed which covers our internal efforts in sending product to you. If a return is requested, we will provide proof of shipping cost to you and proof of shipping cost to us. Shipping fees to you, shipping fees returning back to us, and 20% restocking fee will be deducted from your return balance and once products have been returned in satisfactory condition.

  

Limited Warranty

 

THE FOREGOING WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES EXTENDED BY SELLER WITH RESPECT TO THE GOODS AND ARE IN LIEU OF ALL OTHER WARRANTIES OR OBLIGATIONS, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, OR CUSTOM OR TRADE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

UNDER NO CIRCUMSTANCES WILL SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS.

 

Dispute Resolution

 

These Terms of Sale shall be governed and interpreted under the laws of the State of North Carolina. You agree that the courts of the State of North Carolina shall have exclusive jurisdiction to resolve any legal disputes arising out of your purchase.