Terms of service

Graphenstone UK

Terms & Conditions of Sale and Delivery arrangements

1.0 Definition.

1. ‘Customer’ means any person or business who purchases Goods and Services from the ‘Supplier’
2. ‘Goods’ means the articles specified in the Proposal or any part thereof, whether by means of sale, hire, rental or otherwise and whether the property of ‘The Graphene Company (London) Ltd’ T/A Graphenstone UK, or, distributed by ‘The Graphene Company (London) Ltd’ T/A Graphenstone UK as agents for another
3. ‘Supplier’ means of ‘The Graphene Company (London) Ltd’ T/A Graphenstone UK, of 15 & 16G Speedwell Way, Border Valley Industrial Estate, Harleston, NORFOLK IP20 9EH

2.0 Delivery Terms and Arrangements.

1. Please see your Order email for estimated delivery date.
2. Delivery charges will be calculated for each individual delivery and information provided in advance of invoice terms. Deliveries to the following postcode areas AB, BT, DD, FK, GY,HS, IM, IV, JE, KA, KW, KY, PA, PO30-41, PH, ZE may incur additional carriage charges, the office will contact customers in these areas to arrange additional shipping charges.
3. Confirmation of Payment is required prior to delivery arrangements being made unless a pre-agreed credit account facility is held by the customer. Separate terms and conditions will apply for credit accounts.
4. Orders will typically be delivered within 5 working days of receipt. Express deliveries can also be arranged.
5. Working days are defined as Monday-Friday, from 7am until 7pm and exclude Saturdays, Sundays, and Bank Holidays.
6. We recommend that you keep a copy of the order confirmation (you will need it as proof of purchase in the event of any after-sales enquiry).
7. Deliveries will be made by our selected carriers.
8. The Customer is responsible for ensuring that the Supplier has the full and correct information concerning the delivery.
9. The order will be fulfilled by the estimated delivery date once Payment has been made (see 2.3) unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control we will contact you, with a revised estimated delivery date.
10. We will use all reasonable means to deliver your order within the time stated for the delivery service, however, please note that any dates we specify for delivery of Goods are approximate and we shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay.
11. Deliveries will require a signature to confirm receipt and we recommend that you inspect carefully the Goods delivered, before signing please ensure that they are undamaged and the correct colour and finish.
12. Delivery will be completed when the Goods are delivered to the address you have supplied us with.
13. If the driver is unable to deliver to your address on the first attempt, a delivery card will be left advising you to contact the courier company to rearrange a convenient delivery time. If a second delivery attempt is unsuccessful, the Goods purchased will be returned to the carrier’s depot. You can then arrange to collect the Goods from your local depot, details of which are available by calling the number on the card or contacting the office by email: [email protected]
14. In the event of a failed delivery because of access restrictions, or for any other reason outside of its control, the Supplier will not be responsible for any re delivery charges.
15. The goods will only be left without signature if the customer requests this using the couriers automated service, this will then be the customers’ acceptance / responsibility of the delivery of the goods in the event of any loses or damages.
16. The Goods will become the Customer’s responsibility on the acceptance/completion of delivery. The Customer will own the Goods once the Supplier has received the relevant invoice payment in full.
17. Please do not attempt to return Goods by using Royal Mail or another postal or courier provider, without prior notification or acceptance from the Supplier.

3.0 Cancellation.

1. If you are a consumer, you have a legal right to cancel a Contract (under the Consumer Rights Act 2015) during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Goods, you can notify us of your decision to cancel that Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
2. Your legal right to cancel a Contract arises on the date of the payment receipt. Your right to cancel the Contract ends after 30 (thirty) working days from the day after the day you receive the Goods.
3. The Customer may cancel the Contract provided that the Goods are in their original condition (including packaging where it forms part of the Goods, for example boxed goods), paint pots or containers of product have not been opened, and any seals on the Goods remain unbroken. You cannot cancel your Contract in respect of Goods that are tinted, special orders or bespoke colours (see 4.1). If you cancel the Contract before delivery of the Goods, then you will receive a refund of the price paid of the Goods and any applicable delivery costs. If you cancel the Contract after receipt of the Goods, you will be responsible for the costs of returning the Goods to us.
4. To cancel a Contract, you should contact The Graphene Company (London) Limited (details on graphenstone.co.uk) or email notification of cancellation to [email protected] Cancellation of a Contract is effective from the date of the phone call or when the e-mail is sent. You may wish to keep a copy of your cancellation notification for your own records. When we receive your cancellation, we will provide instructions for returning the Goods, including strict packaging requirements and instructions over specifically which courier company we would require you to use. Please note that a discretionary minimum charge of £20 as an administration fee for the return of the Goods, can be deducted from your refund.
5. We will process any refund due as soon as possible and, in any case, within 30 calendar days of notice of termination provided the Goods are returned and are in an undamaged and saleable condition.
6. Under the Consumer Protection (Distance Selling) Regulations 2000 you have a duty to take reasonable care of the Goods whilst they are in your possession. Where you have failed to take reasonable care of the Goods, we reserve the right to refund you less any amounts due by way of compensation to either repair the Goods or to cover any loss. For paint (cans) pots that have been opened, we reserve the right to not issue a refund.

4.0 Colour Paint and Coatings Disclaimer.

1. All coloured paints are tinted specifically to order and as such cannot be returned. Standard white paints, including un-tinted primers and fillers can, if unopened, undamaged and in saleable condition, be returned in accordance with your legal rights within 30 days (see 3.1-3).
2. Whilst every effort is made to ensure all our mixed paints are consistent in colour, please be aware that Graphenstone paints are made using natural minerals and raw ingredients and there is always the possibility of slight colour variation of the base material both between batches and between product ranges. It may not always be possible to achieve a perfect colour match due to the variability of the natural mineral base. Colours produced will be within an acceptable tolerance.
3. We take a control sample of every tub of paint tinted, along with the batch number and individual recipe in the Production Centre, to make sure that each individual pot is tinted within batch tolerance. We keep these colour tests on file for reference if there are ever any queries over colour accuracy.
4. If using more than 1 pot/tub of paint, please ensure that you intermix between pots on application to ensure a consistent colour as paint batches may differ slightly. Please make sure you order enough paint for the project you are undertaking.
5. We strongly advise you to order pre-mixed sample pots for testing on site prior to any colour order being placed.
6. Please ensure that the paints ordered, are the correct colour and finish before application. Applying the paint is your acceptance that both the colour and the finish are correct, and no subsequent claims will be entertained.
7. We will happily exchange or refund any products, except mixed and tinted paints, special orders, or custom-made colours.

5.0 Bespoke Colours & Colour Matching.

1. All Bespoke Colour Matches ordered (for colours not available on the Graphenstone Colour Card ranges) are produced to order and are non-returnable and non-refundable.
2. Colour Matches are produced as close to the original colour as possible, using the colour range selections available at our Production Centre.
3. When looking at using our Bespoke Colour and Colour matching service, we strongly advise you to order sample pots for testing on site prior to any colour order being placed.
4. We are happy to accept colour swatches to ensure as close match as possible and strongly advise ordering a Bespoke Sample Pot to test prior to placing an order.
5. Graphenstone paints are made using natural minerals and raw ingredients and there is always the possibility of slight colour variation of the base material both between batches and between product ranges. It may not always be possible to achieve a perfect colour match due to the variability of the natural mineral base. Colours produced will be within an acceptable tolerance.
6. Colour matches and bespoke colours are made specifically to order using a mix of organic and inorganic metal oxide pigments to produce as close a colour match as possible. Whilst individual pigments are tested for colour fastness and stability, It is not always possible to know how specific pigments in dispersion, in particular quantities or concentrations, can behave or perform, where formulations can fall outside tinting software parameters.
7. Graphenstone UK cannot be held liable for any issues or problems relating to performance and stability, colour retention, consistency of colour in the final application and aesthetics for bespoke colours supplied and all liability for the product performance will be passed onto the Customer.

6.0 Application and Technical issues.

1. The Supplier offers guidance on the most suitable product for the Customers application however, no responsibility can be accepted for the suitability of the products for the specific on-site application. It is the responsibility of the Customer to check the guidance given in any technical ‘’application guides/’site unseen” report and to undertake trials on site to ensure the suitability of product. This is especially important in old buildings where it is not always possible to know exactly how the substrate has been treated in the past.
2. As part of our product support service, if you have any queries concerning the use, installation, or application of the product/s, please visit our website for application guides or contact our Office by emailing [email protected] to arrange a call with our Technical Team. We are committed to making your project a success.
3. Please be aware that it is not always possible to describe the application processes in enough detail over the telephone to ensure a successful result. It may be advisable to then book a time/day with one of our technical team, who could arrange a call or attend the site to advise if appropriate.

7.0 Faulty Goods and Returns.

1. If any of the Goods you purchase are damaged or faulty upon receipt, any complaint about the goods must be notified in writing to the Supplier within 3 days delivery of the goods. If the Goods (providing such fault is not a result of your negligence) is faulty, or if any of the Goods have been misdescribed, we may offer a replacement product or refund as appropriate, in accordance with your legal rights. Any claim for faulty paint will not exceed the price paid for the product.
2. If you believe this to be the case, please contact the Graphenstone UK office (contact details on graphenstone.co.uk) or send an email containing details of the Goods and the issue to [email protected]
3. Where we offer a refund for faulty Goods, we will process any refund due as soon as possible. The refund will be applied to the account or card used for the original payment or to any other alternative method of payment/ bank account etc as advised by the Client.
4. To cancel a Contract, or to inform us of faulty or damaged Goods, you should contact Graphenstone UK office (details ongraphenstone.co.uk ) or send an email notification of cancellation to [email protected]
5. Cancellation of a Contract is effective from the date of the phone call or when the email is sent.
6. Goods must be returned by using a carrier we specify and approve to you at the time. When you contact us, we will provide instructions for returning the Goods, including strict packaging requirements. A date can be arranged for our courier to collect the Goods from the address the Supplier delivered the Goods to initially.
7. If required, the Supplier will require 48 hours from notification to arrange the collection, on your specified day within the working week – Monday to Friday only.
8. Please note that a discretionary minimum charge of £20 as an administration fee for the return of the Goods, can be deducted from your refund.
9. We will only accept returns if the product forms part of our current product offering at the time of return. Any discontinued or end of line products are neither refundable nor returnable.

8.0 Warranty, Disputes and Remedial works.

1. Graphenstone Product Warranties range from 3-5 years from date of purchase. Please contact the office for applicable products.
2. The warranty will cover defective product for a period of 3-5 years (product dependant) after the application date and commences the day after the product is applied and is valid for products within the minimum storage date suggested on the TDS. For copies of the warranty, please ask your sales representative or contact the office.
3. If a dispute arises leading to remedial works being required, correct procedure must be followed in accordance with the details outlined in the warranty. Where remedial works are required outside of the warranty terms, in the case of a dispute over labour costings, Graphenstone UK will, once all evidence is collected, follow current construction rate costing guidelines, outlined in accordance with the NBS system of construction specifications (M60), to describe the materials, standards and workmanship of a construction project.
4. In no event shall the Supplier be liable for, nor be required to indemnify the buyer from or against any costs associated to equipment hire (e.g., scaffolding, plant hire), preliminary works, and any further works outside of the original painting specification.
5. The Supplier will not be liable for any loss of use, loss of profits or loss of future contracts whether arising as the result of breach of Contract, negligence or other tort, breach of statutory duty or otherwise.

FOR PRODUCT INFORMATION, PRODUCT TECHNICAL DATA SHEETS (TDS) AND MATERIALS SAFETY DATA SHEETS (MSDS), AS WELL AS APPLICATION ASSISTANCE, PLEASE VISIT WWW.GRAPHENSTONE.CO.UK

Stockists & Distributors

In addition to the standard Terms & Conditions of sale, some additional terms are also relevant to Stockists, Distributors and Account customers.

1.0 Trade Accounts & Payment terms

1. Applicants will need to first complete and send back, a Trade Account form, obtained through either the sales team or Head Office.
2. Graphenstone UK will perform a credit check on the applicants using the details provided in the application form.
3. Based on the credit check results, the applicant will be informed in writing if the application was successful, and the details of the credit terms proposed (credit limit and payment terms agreed).
4. On receiving the sales orders from the customer, Graphenstone UK office will issue and send the sales invoices to the applicant accounts department, showing the amounts and due dates.
5. If the value of sales orders exceeds the credit limit agreed, the account will be put on hold (by putting an account on hold it will prevent any transactions from being processed), unless prior agreement is authorised with either the relevant salesperson looking after the account, or Graphenstone UK office.
6. To take the account ‘off hold’ the customer will have to pay some or the whole balance due, in order to have the goods released and despatched.
7. It is expected that the customer will comply with the credit terms agreed and pay the outstanding invoices on time, as per the credit terms agreed.
8. A monthly statement showing the current balance on the account will be sent to the client’s accounts department on the 1st day of every month.
9. If payments are not made for outstanding amounts over the agreed credit term following an account statement sent on the 1^st of the month, we will issue a reminder around the 15^th of the month.
10. If the customer does not comply with the payment terms agreed and does not pay the due invoices on time and following the reminder sent on the 15^th of the month, the account will be put on hold until some, or the whole balance, is cleared.
11. If a customer account remains unpaid after all the steps above have been made and no offer of repayment is made, Graphenstone UK will look to take legal action to recover the debt.

2.0 Brand Guidelines

1. Stockists and Distributors will be supplied with a link which gives access to a ‘distributor pack’ containing a full set of pricelists, data sheets – TDS, MSDS, Logos, certifications, and imagery. It is important that only approved material is used when communicating in any marketing material be it in store, direct to customers in the form of email or pdf or printed document, on-line, or on social media. Misuse of this information may lead to the material published being required to be removed.
2. If using material on any form of social media – eg: LinkedIn, Instagram, Facebook, it is important that the use of tags and hashtags are correct and include @graphenstonepaintsuk and #graphenstonepaintsuk. It helps Graphenstone UK discover the content and allows us to share this where relevant.

3.0 Pricing, Promotions and Offers

1. To protect retailers that make investments in additional services, and to prevent damaging the brand image of the Graphenstone product range, suppliers must display prices in line with the full Graphenstone RRP. Any promotional discount that is to be advertised, be it in store, direct to customers in the form of email or pdf or printed document, on­line, or on social media, must first be discussed and cleared with Graphenstone UK before it is openly advertised.
2. A discounted amount of 10% off RRP, will be the maximum allowed to be advertised openly, direct to customers in the form of email or pdf or printed document, on-line, or on social media.
3. Any agreed level of promotional discount will run for a specified period only, and for a maximum of 2 calendar months, and as agreed with Graphenstone UK.
4. Any marketing of promotional discounts either without any agreement or over and above the standard terms could result in the account being suspended.

4.0 Tinting machine Stockists – Tinted paints

1. Graphenstone paints are made using natural minerals and raw ingredients and there is always the possibility of slight colour variation of the base material both between batches and between product ranges. It may not always be possible to achieve a perfect colour match due to the variability of the natural mineral base. Colours produced will be within an acceptable tolerance.
2. It is advised that each pot of colour is checked on tinting and control samples of every tub of paint tinted, along with their batch number and individual recipe, are taken to make sure that each individual pot is tinted within batch tolerance. We recommend that the customer keeps these colour tests on file for reference, if there is ever any question or dispute over colour accuracy.
3. If using more than 1 pot/tub of paint, please ensure that you advise your customer to intermix between pots on application to ensure a consistent colour as paint batches may differ slightly. Please make sure your customer orders enough paint for the project they are undertaking.
4. We strongly advise you to suggest your customer orders pre-mixed sample pots for testing on site prior to any colour order being placed.
5. In the event of pre-loaded colours falling outside the accepted tolerance, Graphenstone UK will happily exchange or refund products (as each tub should be checked individually, the initial incorrect tinted product will be replaced or credited) and Graphenstone UK will aim to correct and then test the colour accuracy either at the Production Centre in the UK or address this with Graphenstone HQ in Spain.
6. Any liability for bespoke colours or colours created by stockists will be the stockist liability if incorrect. As a rule of thumb recipes containing more than 10% by weight of pigment, may become less stable in certain environments. Please consult Graphenstone UK if advice is required prior to tinting.

5.0 Stock Returns.

1. In the event of stock needing to be returned all returned goods must comply with the following criteria:

• You have proof of purchase, such as a receipt or delivery note
• It is within 30 days of purchase
• The product is unopened, unused and in a resaleable condition, unless the product is faulty
• The product is not tinted, made to order or bespoke
• It does not form part of a buying deal or promotional sale

Stock needing to be returned must, in addition, be within the minimum storage date suggested on the TDS and have sufficient storage remaining.

• For products with a 12-month, minimum storage date, there must be at least 6 months storage remaining.
• For products with an 18-month, minimum storage date, there must be at least 12 months storage remaining.
• For products with a 24month minimum storage date, there must be at least 12 months storage remaining.
• For products with a 36-month minimum storage date, there must be at least 18 months storage remaining.
• For pigments, there must be at least 8 months shelf life.

2. Any goods over the minimum storage dates will not be accepted for return nor qualify for any refund.
3. An administration fee totalling 10% of the net product cost, will apply for any product items returned, which are unopened and both in sellable condition, and within the minimum storage date outlined in 5.1.
4. We will only accept returns if the product forms part of our current product offering at the time of return. Any discontinued or end of line products are neither refundable or returnable.
5. Pre tinted and coloured paints are neither refundable or returnable.
6. The customer will be responsible for arranging the carrier for any returns. The product remains the property of the customer; all liability will remain with the customers until the product has been delivered back to Graphenstone UK.
7. Once the product has been received and checked, a credit note will be issued within 14 days of the receipt of the goods. Any goods found to be damaged will not form part of the refund.
8. You have a duty to take reasonable care of the products whilst they are in your possession. Where you have failed to take reasonable care of the products, we reserve the right to refund you less any amounts due by way of compensation to either repair the products or to cover any loss.

6.0 Deliveries to Northern Ireland

• Distributors delivering into Northern Ireland must maintain detailed sales and distribution records, including invoices and delivery notes, to be made available on request, if necessary. These records help verify that goods moved into Northern Ireland are sold exclusively to end consumers within the UK.
• Graphenstone UK maintains detailed sales and distribution records, including invoices and delivery notes. These records help verify that goods moved into Northern Ireland are sold exclusively to end consumers within the UK.

3. By Agreeing to these T&Cs our distributors are confirming that the goods moved into NI are sold exclusively to end consumers within the UK. This ensures that the goods are handled properly and reach the intended end consumers and that all documentation is accurate and that goods are being distributed according to the agreed conditions.

FOR PRODUCT INFORMATION, PRODUCT TECHNICAL DATA SHEETS (TDS) AND MATERIALS SAFETY DATA SHEETS (MSDS), AS WELL AS APPLICATION ASSISTANCE, PLEASE VISIT WWW.GRAPHENSTONE.CO.UK

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