1. Definitions
”Agreement” means the agreement by which you agree to purchase and we agree to sell the Goods.
“we” and “us” means travertine.ie 
“you” means the customer.
“Delivery Address” means the address at which we agree to deliver the Goods.
“Goods” means the goods which we agree to provide to you on these terms.
“Delivery Date” means the date on which we agree to deliver the Goods to the Delivery Address.
“Price of the Goods” means the price for the Goods exclusive of VAT and delivery.
“Total Price” means the price for the Goods and delivery, exclusive of VAT.
2. Order and Sale
2.1 You order and agree to buy, and we agree to sell, the Goods at the Price, subject to these terms and
conditions.
3. Applicable terms, conditions and representations
3.1 These terms are the only terms and conditions governing the Agreement.
3.2 There cannot be a variation or change to anything in this Agreement unless it is agreed in writing and
signed by both of us.
3.3 This Agreement replaces and supersedes any prior written or oral agreements, representations or
understandings between us (including our sales staff) in respect of the Goods.
3.4 It is your responsibility to check that all the details relating to your order are correct and to provide us
with all relevant information relating to the environment in which the Goods are intended to be used
and for their Delivery.
3.5 It is important that you check your measurements carefully. An order should always include an
additional 10% to allow for wastage to cover cutting, minor imperfections and breakage. If you do not
order enough, subsequent Goods (due to them being a naturally occurring product) may not be
exactly the same as the original Goods.
3.6 We can provide estimates of quantities of Goods but this will be based on general guidelines and you
should not rely on this estimate. It is your responsibility to ensure that you have ordered the correct
quantity of Goods and we will not be responsible for any shortfalls or surpluses.
3.7 You confirm that you are not entering into this Agreement on the basis of, or relying on, any
representation made to you by us or any of our staff (or anyone else) that is not expressly
incorporated into this Agreement in writing and signed by both of us. In particular nothing said by any
of our staff or representatives about the nature or quality or suitability of the Goods is part of or varies
this Agreement.
3.8 We do not give any warranty as to the suitability of the Goods for any given environment.You cannot
rely on any implied or express representation, advice or information given to you by us, our staff (or
anyone else) that is not incorporated into the Agreement and signed by both of us.
3.9 We cannot accept liability for any typographical error or omission in any print or web document.
3.10 We cannot be held responsible for circumstances beyond our reasonable control.This may include
(without limitation) shortfalls at source, natural disasters and restraints or delays affecting suppliers or
transportation to us.
3.11 In the case of trade customers, you confirm that these are the only terms of the agreement between
us and any provisions upon which you purport to purchase including those on any of your purchase
order, or confirmation of order or similar documents or forms do not apply to this agreement between us.
4. Description and samples
4.1 All descriptions, images (in both print and on the internet) and samples of our Goods are for the
purpose of giving an approximate representation of the Goods only.
4.2 You acknowledge that the Goods are natural and geological variations will occur in terms of colour,
markings, texture, size and between consignments, which are beyond our control.We advise you to
view as much of the Goods as possible before entering into this Agreement.
4.3 You should be aware that all of the Goods are porous to some degree and should be sealed. Some
may easily be scratched and/or be subject to natural pitting/chipping.
5. Price
5.1 The Total Price is exclusive of any value added tax, which you must pay in addition.
5.2 We reserve the right to change the Price by giving you notice at any time before delivery to reflect any
increase in the cost to us such as foreign exchange fluctuations, alteration of duties, increase of the
costs of materials and such like.
6. Payment
6.1 If you fail to pay, you will be liable to pay interest on the Total Price from the due date until you make
the payment, at a rate 2% above the base rate of Lloyds TSB Plc on a daily basis.
6.2 Payment is required on placement of your order. Please note that we will not arrange delivery until we
are in receipt of cleared funds.
7. Delivery & Collection
7.1 We shall endeavour to have the Goods delivered to the Delivery Address on the Delivery Date, but
time for delivery is not of the essence of this Agreement. We use an independent delivery company for
which we are not responsible so we cannot guarantee delivery times.
7.2 The Goods will be off-loaded at the nearest accessible point to the Delivery Address at the discretion
of the driver, which may be the kerbside.The driver will not handle the Goods.
7.3 You must make us aware of any access restrictions or difficulties for a large lorry and you must ensure
a responsible person is at the Delivery Address at the time of Delivery to supervise the off-load and
sign for the Goods.
7.4 The cost of delivery is in addition to the Price, but included in the Total Price.
7.5 If we are not able to deliver the Goods as a result of you not complying with your obligations under
these terms, the Goods will be retained by the driver and you will be responsible for any re-delivery or
storage charges.
7.6 You may only collect your Goods from our Monmouth warehouse by prior arrangement and only in a
vehicle capable of being fork-lift loaded (unless otherwise agreed in writing). If you arrange
transportation of the Goods, it is at your own risk and we will not accept claims for damage or
breakages.
8. Risk and Property
8.1 The risk (of, for example breakage, loss and damage) in the Goods will pass from us to you on delivery
or (if you decide to collect the Goods) point of collection.
8.2 The ownership of the Goods will not pass to you until we have received payment of the Total Price in
full in cleared funds.
9. Unpacking, stacking and storing
9.1 Care needs to be taken when unpacking the Goods as the spacers may need to be removed from the
packaging before the Goods are lifted out.The Goods should always be stacked and stored vertically
(on edge) but not on a hard surface as this may cause unnecessary edge chipping.We cannot be held
responsible for damage which occurs after delivery or (if you decide to collect the Goods) after collection.
9.2 Stone tiles may need to dry out before the installation process begins.You should ask your fitter to
advise you if this is the case.
10. Examination and Acceptance
10.1 If you are acting in the course of your business, clause 10.2 applies. If you not acting in the course of
your business (ie you are a consumer), then clauses 10.3, 10.4 and 10.5 apply.
Business Sales
10.2 You must inspect the Goods on delivery or collection (as the case may be) to ensure that they are the
correct type, of satisfactory quality, undamaged and the correct amount and if they are not, you must
notify us within 48 hours of delivery or collection (as the case may be) for correction, replacement or
refund of all or part of the Price (at our option), which will be your sole remedy. If you do not reject
them within this time, you will be deemed to have accepted them and we will have no liability to you.
The foregoing sets out your only rights and remedies in relation to the Goods and all other terms and
conditions, express and implied, relating to the quality or fitness for purpose of the Goods are hereby
excluded to the fullest extent permitted by law.
Consumer Sales
10.3 If the Goods are not of the correct type, of satisfactory quality and undamaged and you notify us
within 7 days (starting on the day after the day of delivery or on the day after the day of collection, as
appropriate), you will be entitled to reject them and we will either refund to you the Total Price or
make available replacement Goods (at your option). If you opt for replacement Goods and you paid
for delivery of the original Goods, we will deliver the replacements to you; if you collected the original
Goods, we will make the replacements available for collection by you.
10.4 If an incorrect amount of the Goods is delivered or collected and you notify us within the 7 days, we
will arrange to deliver or make available (as appropriate) the correct quantity of the Goods.
10.5 You will be deemed (assumed) to have accepted the Goods if you have not returned them to us or
informed of us of their rejection within the 7 days, or if you have installed them.
10.6 We take care to ensure that all of our Goods leave us in perfect condition. If there is any obvious
damage to the Goods, please make a note of the damage on the delivery note, as this will enable us
to make a claim against our carrier. Please note that you will still be required to notify us under clause
10.2 or 10.3 and/or 10.4 (as applicable).
11. Limitation of liability
11.1 If you are acting in the course of your business, clause 11.2 applies (and clause 11.3 will not apply).
If you not acting in the course of your business (ie you are a consumer), then clause 11.3 shall apply
(and clause 11.2 will not apply).
Business Sales
11.2 We will be liable to you if you tell us about any shortfall, damage or defect in the Goods within 48
hours after delivery or collection (as appropriate) but not otherwise. If you so notify us, our only
obligation to you will be (at our option):
11.2.1 to make good any shortage or non-delivery; or
11.2.2 to replace or repair any damaged or defective Goods.
Consumer Sales
11.3 If you tell us about any shortfall, damage or defect in the Goods within the 7 days after delivery or
collection (as appropriate) our only obligation to you will be (at your option):
11.3.1 to make good any shortage or non-delivery; or
11.3.2 to replace or repair any damaged or defective Goods; or
11.3.3 to refund to you the amount paid by you for the damaged or defective Goods however we choose.
11.4 For the avoidance of doubt, we will in no event be liable to you unless you are able to demonstrate to
our reasonable satisfaction that there was a shortfall of, damage to or a defect in the Goods.
11.5 Please note that we sometimes provide extra and/or damaged extra tiles to you free of charge which
may be of use to you.We will therefore only be liable to you if we have not provided you with the
quantity of Goods which you ordered in a non-defective and undamaged condition.
11.6 Our total liability to you (whether in contract, tort, (including negligence and breach of statutory duty),
misrepresentation, restitution or otherwise) will be limited to the Price of the Goods.We will not be
liable to you for loss of profits or loss of business, depletion of good will or for any indirect or
consequential loss or other consequential compensation. For example, we will not accept any liability
in respect of lost working time or the cost of third party contractors.We cannot be liable to you if
you do not install the Goods correctly using the correct base, sealant and installation techniques.
11.7 Nothing in this Agreement is intended to limit any rights that you may have as a consumer under
statute or to limit our liability to you in respect of death or personal injury resulting from our
negligence or for fraud or fraudulent misrepresentation in respect of an untrue or misleading
statement.
12. Right of Cancellation for Consumers
This clause only applies if you are acting for a purpose outside your business or if you have not visited
any of our showrooms.
12.1 You may cancel this Agreement within 7 working days beginning the day after you receive the Goods.
12.2 You cannot cancel if the Goods are made specifically for you, or you have installed or laid them or used
them.
12.3 If you wish to return the Goods then you must send them to us, or we can collect them from you.
You must pay for the cost of sending the Goods back to us.
12.4 To cancel you must let us know in writing that you wish to cancel.You may do this by personal delivery,
letter, fax or email sent within the 7 days to us at the address set out in clause 1. If you tell us verbally
you will need to send confirmation in writing within the 7 days.
13. Fixing Products and Installation
13.1 Any advice given by us or our staff relating to fixing products and installation is given in good faith but
should be used as a general guide only as we have not carried out a survey of the place of installation
of the Goods and cannot therefore be sure that our advice is correct.You may not therefore rely upon
this advice. It is your responsibility to purchase the correct fixing products for the environment in which
(and in particular the surface upon which) the Goods will be installed.We recommend that you take
advice from a professional fitter.
13.2 We do not offer an installation service and it is your responsibility to ensure a professional fitter is
carrying out your installation.We strongly recommend that you take up independent references.
13.3 We cannot therefore be responsible for the installation of the Goods or for damage caused during or
arising out of installation.
14. Third Parties
This Agreement is not intended to and does not give any third parties any right to enforce any of its
provisions.