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HARDY LANDSCAPING SUPPLIES LTD
Terms and Conditions of Sale
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods 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.
2.1 Who we are. We are Hardy Landscaping Supplies Ltd a company registered in England and Wales. Our company registration number is 13016740 and our registered office is at Lantern Slack, 636-638 Allerton Road, Bradford, West Yorkshire, BD15 8AB.
2.2 How to contact us. You can contact us by writing to us at [email protected] or Lantern Slack, 636-638 Allerton Road, Bradford, West Yorkshire, BD15 8AB.
2.3 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. E-mails to you will be sent to the address that you specify to us. It is important that you give us an accurate and valid address and contact telephone number and inform us of any changes to them.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.1 Our right to make changes. We reserve the right to change these terms and conditions at any time without prior notice to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
3.2 Timing of your order. You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we confirm acceptance of your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).
3.3 Agreeing to the terms. By proceeding to purchase Goods from our website, you confirm that you have reed our latest Terms and Conditions and agree to be bound by the same. We will not accept any purported variation to the said terms and conditions that may be included in any written document (including any order form) from you, except by prior written agreement.
3.4 Registration. Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password. The information that you provide must be accurate and complete. All password details are accepted but may be withdrawn at our sole discretion. Please read our GDPR Policy for more information on how your details will be held.
4.1 Your ability to form a contract. You are at least 18 years old. You are legally capable of entering into binding Contracts.
4.2 Commercial Customer. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you are using this website.
4.3 How we will accept your order. We will accept your order and take payment from you at the time when we confirm your order, whether verbally, at our yard or online when you complete the checkout process, at which point a contract will come into existence between you and us.
4.4 Telephone Orders. Written confirmation of telephone orders are required. Without such confirmation, we will not be held responsible for any misinterpretation.
4.5 Goods are subject to availability. In the event that we are unable to supply the Goods we will inform you of this as soon as possible. A full refund will be offered where you have already paid for the goods in question.
4.6 Price of Goods. The price of the Goods will be as quoted on our site from time to time, except in cases of obvious error.
4.7 Variation of Prices/ Costs. Goods prices and delivery costs are liable to change at any time at our discretion. We reserve the right to amend these without prior notice.
4.8 Price verification. Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. If a Good’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
4.9 Incorrect Price. We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have confirmed your order, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
4.10 Payment. Payment for all Goods must be by direct bank payment, credit or debit card and are due either sat point of purchase on the website or failing this before despatch (where expressly agreed). Failure to make the payment will result in the Goods not being despatched
4.11 Late Payment. If you fail to make a payment due to us under the Contract by the due date, then, without limiting our remedies stipulated within these terms, you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this Clause 4.11 will accrue each day at 8% a year above the Bank of England’s base rate from time to time, but at 8% a year for any period when that base rate is below 0%.
4.12 V.A.T. All prices are subject to V.A.T. at the current rate prevailing at the time of delivery.
4.13 If we cannot accept your order. If we are unable to accept your order (or part order), we will inform you of this and will not charge you for the Goods. We reserve the right to refuse any order at any time.
4.13 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.
4.14 Change of Address. We must be notified of any change of address in writing, which must be sent by recorded delivery. You be responsible for any and all costs and expenses resulting from the failure to notify.
4.15. Re-stocking Fee. If for any reason the delivery is not accepted and is returned to our premises, we shall charge you a restocking fee of 20% of the value of your Goods order.
4.16. Ordering the correct Goods. It is your responsibility (and we accept no liability) to ensure the correct Goods are ordered are fit for purpose for your requirements. We cannot accept any liability for errors made on your part.
5.1 General Descriptive Matter. All specifications, drawings and particulars of weights, dimensions, capacity, or other details contained in this website are intended to provide a general idea of our Goods but will not form part of the Contract.
5.2 Samples. Natural stone products are likely to show variations in structure, veining, colour, and thickness. Any samples provided can be considered as an approximate rather than exact representation of the product in question.
5.3 Calibration. The tolerances involved, and as directed by BS EN1341, on riven, naturally split paving is problematic to be definitive on and in addition to the natural elements of way a slab splits from the block only adds to the complexity of accurately measuring the thickness. The way the slab splits may result in the calibrated underside not being fully sawn also.
The calibrated thickness spec we quote are 18mm and 24mm on Talasey standard products, that has a +/-3mm tolerance applied. However, on a riven, split stone means the tolerance on the ‘riven-ness’ could be up to +20mm above the nominal. We work to an average thickness.
The standards we work to are industry standards and thickness will be measured the same by all major suppliers. ‘In-house’ consideration to what is acceptable for how riven the face is may not be the same with each manufacturer, but we would generally consider if a high spot is much above 5 or 6mm then it’s a trip hazard, and not look very nice either.
5.4 Rectified Porcelain paving. Our Rectified ranges are accurately machine cut to their nominal size. Our Rectified ranges are manufactured to industry standard plan size tolerances as a minimum, some ranges are tighter at +/-1mm. With Rectified, the nominal size will be the same for each batch and each individual project, if you are a regular user. Design Guidance: • Our Rectified ranges being square cut edges, allow for tighter joints if desired, with less variation than when compared with Non-Rectified. We’d recommend joint widths of between 3mm to 15mm.
5.5 Non-Rectified Porcelain paving. The edges of our Non-Rectified ranges are as fired and moulded; they are sorted into work sizes batches as they come out of the kiln. Each individual work size batch has industry standard tolerances of +/-2mm. To explain further; there are up to ten potential work sizes that your batch could come in. Your batch will be identified as either, work size 1, through to perhaps work size 10. For example, your nominal size may be 600mm x 600mm, but you may receive a batch sorted into work size 1 giving tiles measured nominally at 594mm x 594mm. We will give you your entire order from the same production batch so it actually makes no difference as you install. Always check for batch match across packs prior to unpacking.
Some porcelains can have some bow and warp to them due to the nature of manufacturing, through the heating and cooling processes. The batches do go through Quality Control at the manufacturing plant, to check that they are within the industry standard specification. As with many of these BS & EN standards for our industry some of the measurement methods are not as straightforward as you may think and not easily measured, particularly on site. Bowing is measured with a tolerance on the centre curvature for surface flatness with an industry standard of +/- 2mm and warpage is +/-2mm too. Both are measured across the diagonal on the flag from corner to corner. When measured properly at the manufacturing plant a measuring table, height gauges and a dial test indicator are used.
5.6 Breakages. Please allow for 10% of breakages with any and all orders of paving products.
5.7 Performance. Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by us in writing, we shall be under no liability whatsoever for any failure to attain such figures whether attributable to our negligence or otherwise.
The responsibility for ensuring that Goods are sufficient and suitable for your requirements, remain your sole responsibility save insofar as we have specifically advised you in writing that the Goods are sufficient and suitable for the your purposes, having been fully and accurately advised by you of your requirements.
6.1 Not all Goods have Guarantees. Not all Goods supplied by us are supplied with a manufacturer’s guarantee. It is your responsibility to check at the time of purchase whether a guarantee is applicable, and if so, its duration.
6.2 Length of any applicable guarantee. The guarantees that are supplied vary in duration.
6.3 Our Guarantee. Where Goods are covered by our guarantee, the following applies:
6.4 Manufacturers Guarantee. Where Goods are covered by a manufacturer’s guarantee, then this guarantee and its limitations will apply to the Goods.
6.5 Our liability under the Guarantee. Our sole obligation and your remedy under this provision of the contract is limited to the reasonable cost of repair or replacement of the Goods supplied.
7.1 Conditions of Export. Separate Conditions of Sale apply to export transactions (available on request from our Export Department). You responsible at your own expense for obtaining any licence and complying with any export regulations in force within the United Kingdom and in the country for which the Goods are destined.
Hardy Landscaping Supplies Ltd reserves the right in its absolute discretion not to supply you or certain countries and to enquire of you the full details of the end use and final destination of the Goods.
8.1 Personal Collection of Goods. If you wish to collect Goods from our yard must do so within 2 working days of arranging the collection by appointment and not before 9.30am. If the Goods are not collected within the said period, we will charge you a re-stocking fee (see Clause 4.15).
9.1 Delivery Obligations. We will use reasonable endeavours to meet delivery estimates but cannot accept any liability whatsoever for failure to do so however arising. We reserve the right to deliver the Goods in instalments. Failure to meet a delivery date shall not prejudice our rights to rearrange the delivery or make further deliveries by instalments (where applicable) under that Contract. We reserve the right. The time of delivery is not of the essence.
9.2 Delivery location. Delivery will take place to the address specified you at the point of purchase. We reserve the right to make delivery by any method of transport available to us.
9.3 Delivery stipulations. The following will apply to deliveries made by us:
9.4 Shortages or Damage in Transit and Non-Delivery. We will not consider any claim for shortage of delivery or damage in transit unless written notice is given to the carrier and us within three days of the receipt of Goods. No claim in respect of non-delivery of Goods will be considered unless written Non-Delivery notification is given to us within five days from receipt of a statement in respect of the Goods. In this condition, time shall be deemed to be of the essence.
9.5 Cancellation once loaded. We do not accept, and you have no rights under this contract to cancel the Order once the Goods have been loaded onto the delivery vehicle and set off. In such circumstances, no refund will be given to you and we reserve the right to retain the Goods if you refuse to accept delivery.
10.1 How to tell us about problems. If you have any questions or complaints about the goods or services, please contact us. You can telephone our customer service team at 01274 960612 or write to us at [email protected].
10.2 Summary of your legal rights. We are under a legal duty to supply goods and materials that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to this. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 0808 2231133.
If your product is goods, for example furniture, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
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10.3 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
11.1 Your obligations to return goods. If you need to return any Goods (excluding your rights to do so under Clause 10), the following will apply:
11.2 Period for returning Goods. You have a period of 14 days from delivery (excluding faulty/defective goods (see Clause 6.3 & 10.2), to return any Goods to us, subject to you complying with your obligations under Clause 11.1.
11.3 The cost of returning Goods. The cost of returning the Goods under this Clause 11 shall be borne by you.
12.1 When you become responsible for the goods. The Goods and their risk will be your responsibility from the time we deliver them to the address you gave us.
12.2 When you own goods. The title to the Goods shall not pass to you until we have received payment in full (in cash or cleared funds).
12.3 Legal title to the goods. Until title to the goods has passed to you, (where necessary) you shall:
1.Store the goods separately from all other goods held buy you so that they remain readily identifiable as our property;
2. Not remove, deface, or obscure any identifying mark or packaging on or relating to the goods;
3. Maintain the goods in satisfactory condition and keep them insured against all risks for their full price on our behalf from the date of delivery;
4. Give us such information relating to the Goods as we may require from time to time.
12.4 We may suspend supply of Goods if you do not pay. If you do not pay us for the Goods (whether in full or part) when required we reserve the right to suspend supply of Goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the Goods we can also (where applicable) charge you interest on your overdue payments (see Clause 4.11).
12.5 Retaking possession of the Goods. If we discover that you are entering bankruptcy (where applicable or being wound up, or a receiver appointed over any assets or the undertaking of your company or an execution or distress be levied against you, we will be entitled without prior notice to the you or any liquidator or receiver to retake possession of the Goods (and for that purpose to enter upon any premises occupied or owned by you).
This clause applies to Consumers only (and does not apply to Commercial Customers)
13.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. Please note that these rights apply to online purchases/orders only and do not apply to any bespoke or made to order Goods.
13.2 How long do you have to return the item. Under the Consumer Contracts Regulations 2013 you have a period of 14 days (from delivery) to return the Goods of you change your mind or if your Goods have been split into several deliveries, you have 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Goods.
13.3 Who pays for the returns. You will be required to pay any applicable fee to return the Goods.
13.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
1.any and all bespoke or made to order Goods;
2. any and all goods which are purchased on site at our premises or that have been inspected at our premises and you then purchase online; and
3. any Goods which become mixed inseparably with other items after their delivery.
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 10.2 and for defective products under the Consumer Protection Act 1987.
14.3 Further limitations of our potential liability to you. Subject to the terms of Clause 14.2, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
1.loss of profits;
2. loss of sales or business;
3. loss of agreements or contracts;
4. loss of anticipated savings;
5. loss of use or corruption of software, data, or information;
6. loss of or damage to goodwill; and
7. any indirect or consequential loss.
14.5 Our total liability. Subject to Clause 14.4 our total liability to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract, shall be limited to 100% of the total charges paid under the Contract.
14.6 Exclusion. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
14.7 Claims. All claims against us must be brought within one 1 year after the cause of action arises and you agree to waive any statute of limitations which might apply by operation of law or otherwise
14.8 This Clause 14 shall survive termination of the Contract.
15.1 Catalogues and Publications. We shall take all reasonable steps to ensure the accuracy of technical details and information relating to the Goods in the catalogue but we accept no liability in Contract or tort or under statute or otherwise for any damages or injury arising directly or indirectly from any error or omission in such technical detail whether caused by our negligence or otherwise.
15.2 Website. None of the material contained on our site may be used or reproduced without our written permission. All names, logos, slogans, or other phrases may be a trademark of ours or another person or corporation. Any unauthorised use of a trademark is unlawful.
15.3 Variations of Goods. The images of the Goods 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 Goods. Your Goods may vary slightly from those images. We accept no liability for any omissions or inaccurate information regarding Goods descriptions or colour variations provided on our website.
16.1 We both acknowledge that for the purposes of General Data Protection Regulation (GDPR), that you are the Data Controller and we are the Data Processor in respect of any Personal Data.
16.2 We shall process the Personal Data only in accordance with your instructions from time to time and shall not process the Personal Data for any purposes other than those expressly authorised by the you.
16.3 We will take all reasonable measures to ensure they adhere to its obligations under Articles 30 and 32 of GDPR taking into account the information that the Data controller has made available to it.
16.4 We shall take reasonable steps to ensure the reliability of all our employees who have access to the Personal Data.
16.5 We both warrant to the other that it will process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards, and other similar instruments.
16.6 We warrant that, having regard to the state of technological development and the costs of implementing any measures, we will:
(a) take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to:
(ii) the nature of the data to be protected.
(b) take reasonable steps to ensure compliance with those measures.
16.7 We both agree to indemnify and keep indemnified and defend at its own expense the other party against all costs, claims, damages, or expenses incurred by the other party or for which the other party may become liable due to any failure by the first party or its employees or agents to comply with any of its obligations under this Clause 16.
16.8 You acknowledge that we are reliant on you for direction as to the extent to which we are entitled to use and process the Personal Data. Consequently, we will not be liable for any claim brought by a Data Subject arising from any action or omission by us, to the extent that such action or omission resulted directly from your instructions.
16.9 Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.
17.1 Intellectual Property Rights
17.2 Other Websites. Please note, we may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
17.3 Promotion. We may from time to time send you material or literature, in whatever form, promoting or advertising the sale of our Goods, or otherwise, which may be sent or communicated by post, facsimile or electronic transmission or by which other means as we see fit and at our discretion. You acknowledge and accept our right to do so. Our usual terms and conditions apply to all Goods and services featured in promotional material. If you no longer wish to receive this material you will be given the opportunity to opt out.
17.4 Third parties. No data will be shared with third parties, unless that third party is contracted to us and as such that third party will be checked to see if they abide by current data protection legislation.
17.5 Force Majeure. Neither party shall be liable for failure to perform, nor be deemed to be in default, under this Agreement for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, acts of Governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquake, riot, insurrection, civil disturbance, sabotage, embargo, blockade, acts of war, accident, pandemics, epidemics, lightning damage, electromagnetic interference, radio interference, strikes, industrial dispute, power failure or any other cause beyond its reasonable control..
17.6 Cookies. We may use cookies to remember personal settings you have chosen at our website. In no other context do we use cookies to collect information that identifies you personally. Most of the cookies we set are automatically deleted from your computer when you leave our website or shortly afterwards. Should you wish to deny the use and saving of cookies from this website onto their computer’s hard drive, they should take necessary steps within their web browser’s security settings to block all cookies from this website and its external serving vendors.
17.7 Assignment and other dealings
2. You shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract.
17.8 Notices
2. Any notice or other communication shall be deemed to have been received: if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; or, if sent by fax or email, at 9.00 am on the next Business Day after transmission.
17.9 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
17.10 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
17.11 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.
17.12 Entire agreement.
17.13 Third parties’ rights. The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
17.14 Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
17.15 Governing law. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
17.16 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
Special Conditions for Log Cabins
A hard copy of these terms and conditions of trading can be posted on request.
https://hardylandscapingsupplies.co.uk/legal-pages/terms-and-conditions-of-sale/
