Terms and Conditions of Supply
1. These Terms
1.1 What these Terms cover. These are the terms and conditions on which we supply goods or products online via our website.
1.2 Why you should read them. Please read these Terms (as defined in clause 2.2) carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these Terms depending on whether you are a business or consumer. You are a consumer if:
(a) You are an individual; and
(b) You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers or businesses are indicated beforehand.
2. For Business Customers
2.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
2.3 You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
2.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
3. Information about us and how to contact us
3.1 Who we are. We are Clarkes Gardening Services Limited a company registered in England and Wales. Our company registration number is 10712858 and our registered office is 49 Aylesbury Road, Bedford, Bedfordshire. MK41 9RH.
3.2 How to contact us. You can contact us by telephoning our customer service team at 01234 350 744 or by writing to us at firstname.lastname@example.org
3.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3.4 "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
4. Use of our site
4.1 Your use of our site is governed by our Terms and Conditions of Use. Please take the time to read this policy, as it will include important terms which apply to you.
5. How we use your personal information
6. Our contract with you
6.1 How we will accept your order. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm receipt of your order by sending an email to you at the email address you provide in your order form. We will send you a subsequent e-mail once we have started processing your order. Our acceptance of your order begins at this point ("Your order is now being processed") and brings into existence a legally binding contract between us.
6.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
6.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
6.4 We only sell to the UK via the Website. Our website is solely for the promotion and delivery of our products in the UK. We are happy to accept orders from outside of the UK, but delivery may be limited to inside the UK as further set out in clause 10.1. If you require delivery of an item outside of the UK mainland, then please call 01234 350 744 or email email@example.com and we would be more than happy to discuss options with you.
7. Our products
7.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
7.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website. 7.3 All our products have been classified as seconds for a variety of reasons which are detailed in the FAQ section of the site and therefore no longer hold the manufactures warranty.
8. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
9. Our rights to make changes
9.1 We may amend these Terms from time to time.
9.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
9.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not materially affect the product.
9.4 Significant changes to the products and these Terms. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
10. Providing the products
10.1 Delivery costs. Our delivery charges quoted in your shopping basket are for deliveries to mainland England, Wales and Scotland (excluding the Highlands and UK Islands) only.
10.2 Delivery outside the UK mainland. Deliveries are available to other geographical areas, however, this will incur an additional shipping fee. If you require delivery outside of the UK mainland then please contact us and we will inform you whether we can fulfil your order and if any additional charges will be due. Please note that Deliveries of Forticrete products to Scotland will incur additional shipping charges due to the nature of the goods.
10.3 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible and in any event within 14 days after the day on which we accept your order.
10.4 We are not responsible for delays outside our control. We will aim to deliver the goods by the date quoted for, however, if our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
10.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will be unable to leave the goods without written instruction by you in a form that can be taken away by the carrier.
10.6 Accepting the delivery. Delivered goods will need to be signed for by you to acknowledge that the goods have been delivered to you in good condition. Please check your goods thoroughly before signing for them. Orders signed for or delivered under written instruction as set out in clause 10.5 are deemed to have been delivered in good condition.
10.7 Restricted access. If our driver encounters any restrictions to accessing your property, such as double yellow lines, red lanes, narrow lanes, steep gradients, low bridges or width restricted roads, then there may be an additional delivery charge due. Please contact us to inform us if your property has restricted access or enter full details in the description of your order. We reserve the right to refuse delivery if you have not informed us about any restricted access.
10.8 When you become responsible for the goods. Goods will be your responsibility from the time we deliver the product to the address you gave us or you.
10.9 When you own goods. You will own the goods once we have received payment in full.
10.10 Damaged goods. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions, unless this is caused by our own negligence.
10.11 Failed delivery. If we are unable to deliver your goods to you, then we may charge an additional delivery charge for re-delivery or a charge for any reasonable costs incurred by us in the event of us cancelling this contract in accordance with our Delivery and Returns policy.
10.12 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, accurate address details, information on access restrictions as set out in clause 10.6 or if you require mechanical lifting equipment to offload your goods. It is your duty to inform us of such information prior to delivery. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
10.13 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 9).
10.14 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.