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Terms and Conditions

 

 

1.1 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. If you pay by cheque, we will not be deemed to have received payment until your cheque has cleared. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

1.2 Notwithstanding the provisions of clause 1.1, if we accept an order from you without full payment in advance of delivery, you will pay the price for the goods within 30 days of the date of our invoice. Overdue amounts shall attract interest at the rate of 3% above Barclays Bank Plc from the date of due payment of the invoice until payment.

1.3 If you allow us to enter or make an order on your behalf it is an acceptance of our Terms & Conditions.

1.4 The customer is responsible for obtaining all necessary planning permission and local authority consents and permissions for any work to be carried out.

1.5 Acceptance of Terms

These Terms & Conditions are applicable to all people using midlandscapes.co.uk. Please read them carefully as by using the site or placing an order you are bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use this site. We reserve the right to change these terms and conditions periodically and it is your responsibility to ensure that you check for any changes made. Your continued use of this site after any changes indicates your acceptance of the changed terms.

2 Price

2.1 The prices payable for goods that you order are as set out in our website and are quoted as exclusive of VAT. The square metre prices shown are based on full packs being purchased. We cannot supply any quantities less than full packs at the prices advertised. The cost of delivery is included within the price based on the standard delivery option. Published prices are subject to change without notice. We will clarify the cost of your purchase prior to your placement of an order.

2.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.

3 Consumers only - Right for you to cancel your contract

3.1 If you are purchasing as a consumer, you may cancel your contract with us for the goods you order at any time up to the end of the seventh working day after the date you receive the ordered goods, subject to clause 3.2 below. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

3.2 You cannot cancel your contract in the following circumstances:

(i) if the goods you have ordered were not off-the-shelf standard products (a bespoke order) but were configured or assembled pursuant to your requirements.

(ii) if the goods you have ordered have already been dispatched from the delivering depot.

(iii)The product must be unused, in its original packing and in a sellable condition.

3.3 To cancel your contract you must notify us in writing. To do this, please email or write to us at the address provided under clause 9.

3.4 If you have received the goods before you cancel your contract then (unless clause 3.2 applies) you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you are requested to refrain from unpacking the goods when they are received by you and you must send the goods back to us at our contact address AT YOUR OWN COST AND RISK as soon as possible. There may be a 10% re-stocking charge imposed depending on circumstance. If you wish, this can be arranged by us and charged at the current rate of return.

3.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in a reasonable condition. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

3.6 Business purchasers have no right to cancel orders under clauses 3.1 to 3.5.

4 Cancellation by us

4.1 We reserve the right to cancel the contract between us if: (i) we have insufficient stock to deliver the goods you have ordered; (ii) we do not deliver to your area; or (iii) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error or change in the pricing information.

4.2 If we do cancel your contract we will notify you by e-mail or by letter and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.

6 Our Liability (Consumers only)

6.1 This clause 6 applies only to purchases by consumers.

6.2 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, please notify us in writing or by email within 5 working days of reciept of order. To do this, please email or write to us at the address provided under clause 9.

6.3 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, please notify us immediately in writing or by email at the address provided under clause 9.

6.4 If you notify a problem to us under this clause 6, our only obligation will be, at your option:

(i) to make good any shortage or non-delivery;

(ii) replace or repair any goods that are damaged or defective; or

(iii) to refund to you the amount paid by you for the goods in question in whatever way we choose (subject to you permitting us to collect the goods or otherwise arrange for their return to us, at our expense).

6.5 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of data) howsoever arising and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.4(iii) above.

6.6 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

6.7 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

7 Our Liability (Business purchasers only)

7.1 This clause 7 applies only to purchases by business purchasers.

7.2 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing or by email at our contact address of the problem within 5 working days of the delivery of the goods in question.

7.3 If we notify you of an expected delivery date and the goods are not delivered, then we shall have no liability to you unless you notify us in writing or by email at our contact address of the problem within 3 days of the expected delivery date. If we do not notify you of an expected delivery date and you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing or by email at our contact address of the problem within 40 days of the date on which you ordered the goods.

7.4 If you notify a problem to us under this clause 7, our only obligation will be, at our sole option:

(i) to make good any shortage or non-delivery;

(ii) replace or repair any goods that are damaged or defective; or

(iii) to refund to you the amount paid by you for the goods in question in whatever way we choose.

7.5 We will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of data, profits, business or goodwill) howsoever arising and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.4(iii) above.

7.6 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

7.7 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit our liability in any way that may not by law be excluded nor in any way to exclude or limit our liability for any death or personal injury resulting from our negligence.

8 Warranties

8.1 For business purchasers, we do not warrant that goods sold by us are suitable for any particular purpose. You must satisfy yourself before ordering that the goods are suitable for any purpose you intend for them.

8.2 All goods are sold with the benefit of the manufacturer?s warranty, save for refurbished equipment.

10 Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, weather.

11 Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

12 Privacy

12.1 You acknowledge and agree to be bound by the terms of our privacy policy.

12.2 Telephone calls to us may be monitored or recorded for training and quality purposes.

13 Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

14 Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

15 Entire agreement

These terms and conditions, together with our current website and/or catalogue prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

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