Terms & Conditions (Consumer)
1. OUR TERMS AND CONDITIONS
1.1 Please read these terms and conditions carefully as they apply to your access and use of our website and the sale and supply of goods by us to you through our website. They include important sales and products information relating to our goods and form the basis of any agreement between us should you wish to proceed with an order.
1.2 These terms and conditions only apply if you are buying the goods as a consumer. If you wish to buy goods in your capacity as a business, you cannot do so under these terms and conditions. Please click here to access our business sales terms and conditions.
1.3 To protect your own interests, please read these terms and conditions carefully before agreeing to them. Once you have read them and if you wish to proceed with a purchase, click the [“I Agree”] button and you will be able to proceed with any order you wish to make. If you do not agree with these terms and conditions, you are not authorised to use this website.
1.4 When you visit our website or send e-mails to us, you are communicating electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any requirement that such communications be in writing.
1. LEGAL NOTICE
2.1 All content of this website (such as text, graphics, logos, button icons, images, digital downloads, data compilations and software) is our property or that of our content suppliers and is, unless specifically stated otherwise, protected by copyright or similar ownership rights. It is published by us and may not be reproduced other than by downloading and viewing on a single computer and/or printing a single hard copy, for private purposes only. It is not to be otherwise reproduced, transmitted, made available on a network or used to create derivative works without our prior written consent.
2.2 The trade marks, logos and service marks shown on our website, unless otherwise specified, are the trade marks of us or our suppliers. No rights are granted to use any of them without our prior written consent.
2.3 Any infringement of our rights will result in appropriate legal action.
4.1 Access to your account, order forms and our services will be gained by [using the username and the password selected by you during the registration procedure]. You are responsible for ensuring the confidentiality and proper use of your username, password and account and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. [In order to assist us with our security policy, you should not leave your computer terminal unattended while you are logged on to our website and should ensure that it is switched off each time you have finished.]
4.2 You must tell us immediately if you believe that an unauthorised person knows your username or password or has access to your account.
4.3 We reserve the right to refuse service or terminate accounts if we suspect an unauthorised person is attempting to access it.
4.4 You agree that we shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as you have informed us of any unauthorised or possible unauthorised use of your username and password or of a breach of security.
1. HYPERLINKS This website may include hyperlinks to sites operated by other parties. We are not responsible for examining or evaluating them and their inclusion does not imply our endorsement of any material contained on them. You therefore agree that we will not incur any liability in respect of the content of any site accessed through a hyperlink contained on this website.
1. BASIS OF AGREEMENT
6.1 We will treat each order for goods as an offer by you to purchase the goods in accordance with these terms and conditions.
6.2 You must be over 18 years of age to proceed with an order.
6.3 No order submitted by you is accepted by us until we confirm by e-mail its acceptance. No contract shall exist between you and us until we confirm our acceptance of your order in this way. Please note that our acknowledgement of receipt of your order is not our acceptance of your order, which we will send separately.
6.4 We reserve the right to place restrictions on the volume of any goods ordered.
1. DESCRIPTION All product descriptions and content on our website or otherwise issued by us are intended merely to present a general idea of the goods sold by us. If you require any further details, please contact us by e-mail, providing details of the additional information needed. However, if you buy goods which are faulty or not as described on the website, we will at your option either:-
7.1 replace the goods; or
7.2 accept their return and refund any money paid for the goods. We will bear any necessary costs incurred in replacing or repairing goods that are faulty or not as described.
1. PRICE AND AVAILABILITY
8.1 The price and availability of the goods is identified on the relevant page detailing the goods. [This price includes all applicable taxes]
8.2 Delivery costs are itemised separately from the price which is exclusive of all delivery costs. If you do not wish to pay the delivery costs, please let us know when you place the order and you can collect the goods from us.
8.3 We try to ensure that it is clear on our site whether any of the goods are unavailable. We also check our prices to make sure they are right. However, if goods are unavailable or we need to vary the price to take account of any increase in our suppliers’ prices, or errors or omissions in the price displayed on our website, we shall notify you by e-mail and allow you an opportunity to either confirm your order at the correct price or to cancel your order.
9.1 We accept payment by credit and debit card. If paying by cheque, please forward this to us at Ward Meadows Plant (Carlisle) Ltd, Allenbrook Road, Rosehill Industrial Estate, Carlisle, Cumbria, CA1 2UT
9.2 If you pay by credit or debit card we will only deduct payment when we despatch the goods to you. Otherwise we will invoice you for the goods. All invoices are payable by you within 30 days of the date of invoice.
9.3 If we do not receive any payment on the due date then we may delay delivery of the goods until such payment is received by us.
1. OWNERSHIP The goods will only be owned by you once we have received payment in full.
11.1 You must ensure that you complete our order form so as to give us all necessary information to enable us to deliver the goods.
11.2 We will deliver the goods within a maximum of 30 days beginning with the day following that on which you submit your order to us (unless you and we agree otherwise or you exercise your right to cancel our agreement before we arrange delivery and/or performance).
11.3 If you order more than one item, we may contact you to confirm you are happy for us to make delivery by instalments if you agree.
11.4 As soon as we have delivered the goods to you, you will be responsible for them, including any damage that may occur to them.
11.5 Where you are unable to accept delivery on the delivery date notified to you, you must contact us in advance and we will agree an alternative date. If you fail to do so, we may have to charge you for the reasonable costs of storage and any wasted delivery costs incurred by us.
12.1 We give no warranty either express or implied as to the Goods. You shall only be entitled to the benefit of such warranty or guarantee as is given to us or you by the manufacturer.
12.2 You are asked to examine the goods as soon as is reasonably possible after delivery and notify us of any defect as soon as practicable after the defect is discovered. Where you discover a defect, return the goods to us or contact us and we will arrange collection of the goods.
12.3 Provided you tell us within a reasonable time after discovery of the defect we will at your option either:-
12.3.1 Replace the goods at our cost; or
12.3.2 Refund to you the price of the goods (or a proportionate part of that price, if appropriate).
12.4 Nothing in this guarantee affects any of your statutory rights as a consumer (please see paragraph 15).
1. LIMITS OF LIABILITY
13.1 This website or any part of it may not be compatible with your browser or computer configuration and we make no warranty that it is. We make no warranty that your access to our website will be uninterrupted, timely or error free and we will not be responsible if we are unable to provide the website for whatever reason.
13.2 We will accept all liability if something we do causes death or personal injury. We will also accept all liability for damage to your property if the cause is our fault.
13.3 Provided you are not purchasing the goods for business purposes, we are also responsible for loss caused by:-
13.3.1 The goods not matching our description of them;
13.3.2 The goods not being of the quality you would expect; and 13.3.3 The goods not being fit for the purpose described on the appropriate part of the website.
13.4 Other than the liability we have accepted as described above, we will not be liable for any losses that you suffer as a result of any breach of our agreement except those losses which are a foreseeable consequence of the breach. In particular, since the goods are provided to you as a consumer, we cannot accept responsibility for any losses related to any business of yours such as lost data, lost profits or other business loss that you may incur as a result of any breach of our agreement.
1. YOUR RIGHT TO CANCEL If for any reason you are unhappy with all or any of the goods received, you can return any of them to us for an exchange or refund, provided each is returned to us at the address given in condition 2.4 within 30 days from the date of order or seven working days from the day after you receive the goods (whichever is longer). The goods should be returned with our completed cancellation form (provided with the goods). You shall be responsible for the cost of returning goods for refund or exchange, unless the goods do not correspond with the contract of sale such as if they are faulty, damaged, mis-described or wrongly supplied. We shall use reasonable endeavours to replace damaged or defective goods but if replacement is not possible, or if an order is cancelled for any other reason under these terms and conditions, our only obligation is to refund the full amount paid by you.
1. STATUTORY RIGHTS As a consumer, you have certain statutory rights. Nothing in these terms and conditions affects your statutory rights. For further information about your statutory rights, please contact your local authority Trading Standards Department or the Citizens’ Advice Bureau. 1. ENQUIRIES You can contact us to enquire about the status of your order or with any other query about our goods by calling 01228 536391 between [8.30am and 5.00pm Monday to Friday].
17.1 Our website is operated and controlled from the United Kingdom and these terms and conditions and your use of this website are governed by and construed in accordance with the laws of the relevant part of the United Kingdom.
17.2 We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement the address for complaints can be found in condition 2.4. 1. DISTANCE SELLING These terms and conditions are intended to be consistent with the Consumer Protection (Distance Selling) Regulations 2000 and the Electronic Commerce (EC Directive) Regulations 2000. Nothing in them is intended to impose on you any duty or liability additional to those specified in either of those Regulations.
19.1 This Website is owned and operated by Ward Meadows Plant (Carlisle) Ltd.
19.3 The information you provide to us when using this Website will be processed for the following reasons:-
19.3.1 To administer your user account with us;
19.3.2 To process any request for advice or information supplied by us;
19.3.3 To notify you of our bulletins, information packs and services;
19.3.4 To customise this Website according to your interests;
19.3.5 To comply with our statutory and regulatory obligations; and
19.3.6 To process any orders you make through our Website. If you do not wish to receive additional information from us, you can let us know by checking the appropriate box on the new account registration form.
19.4 The type of information we will collect about you includes:-
19.4.1 Your name and address;
19.4.2 Your phone number and e-mail address; and
19.4.3 Your credit or debit card details if you are purchasing our goods.
19.5 We will never collect sensitive information about you without your explicit consent.
19.6 Any information that we collect about you is stored electronically on our database. It may also be printed and stored in our filing system.
19.7 We will keep your personal information confidential except to the extent that we are compelled to disclose it by law (for example where fraud or other crime is involved) or to comply with an instruction of a regulatory body of competent jurisdiction. From time to time we may be called upon to demonstrate our maintenance of certain professional standards as set by appropriate authorities and/or to satisfy our auditors and/or to comply with regulations in relation to money laundering or other statutory requirements. If you do not consent to our production of your details for the purposes only as an exception to our duty of confidentiality, you can let us know by checking the appropriate box on the new account registration form.
19.8 If you believe that the information we hold about you is inaccurate or if you wish us to cease processing your data for any particular purpose or purposes, write to us at the address found in condition 2.4.
19.9 To comply with the Data Protection Act 1998 we adhere to strict technical and organisational security procedures. The personal information which we hold will be held securely to ensure no unauthorised disclosure or access takes place. When you register for a user account with us you will be required to adhere to the security provisions set out in our terms and conditions.
19.10 We would like to contact you in the future for marketing purposes by post and e-mail and telephone but we need your consent before we can do this. If you would like us to contact you (including by e-mail or telephone) concerning our services and offers that may be of interest to you then please check the appropriate box on the new account registration form.
19.11 You may refuse any marketing communication from us in the future at any time by emailing us at firstname.lastname@example.org
19.12 Should you wish to obtain a copy of the personal data that we hold on you, please write to us at the address given in condition 2.4. We will notify you of any sum you must pay in order to get your data.
19.14.1 When visiting our web pages, we would like to use tracking technologies which record and store information about you and your visit automatically. This can include using a “cookie” which would be stored on your browser. If you do not want to give this permission, then please tick the box set out at the bottom of these terms. The information collected by cookies does not identify you personally.
19.14.2 We automatically collect and store only the following information about your visit:- (a) the internet domain and IP address from where you access our Website; (b) the type of browser software and operating system used to access our Website; (c) the date and time you access our Website; (d) the pages you enter, visit and exit our Website from; and (e) if you linked to our Website from another Website, the address of that Website.
19.14.3 We use the information we collect to help us identify click stream patterns, to improve our Website and to learn about the number of visitors to our Website and the types of technology our visitors use. We only use this information to ensure that our Web pages stay compatible with a selection of browsers and systems and thereby ensure that the pages appeal to a wide audience. Terms & Conditions (Business)
1. BASIS OF SALE
1.1 We, Ward Meadows Plant (Carlisle) Ltd shall sell and you, the Customer, shall buy the Goods subject to these Conditions which govern the contract between us to the exclusion of any other terms which you may ask us to sign or which you may supply.
1.2 Any variation to these Conditions is of no effect unless agreed in writing by our authorised representative.
1.3 “Goods” means the goods which we are supplying in accordance with these Conditions.
1.4 These Conditions constitute the entire agreement between us for the supply of the Goods [and shall include any special conditions as set out in our [order acknowledgement] form].
1. QUOTATIONS AND ORDERS
2.1 Our quotation is not an offer. Quotations are subject to withdrawal or revision at any time before acceptance of orders by us.
2.2 You are responsible for ensuring that your order is accurate and for giving us all the information we need to complete the order.
2.3 Your order is not accepted until we confirm in writing or (if earlier) we supply the Goods to you.
2.4 All our descriptions and illustrations are intended to present a general idea of the Goods described and do not form part of the contract between us. Whilst every effort will be made to supply the Goods in accordance with the quality of samples submitted or quoted for, this cannot be guaranteed and no condition or warranty to this effect shall be implied.
1. CANCELLATION AND DELAY
3.1 Once accepted, an order may not be cancelled without our written agreement and on terms that you indemnify us in full and against any and all loss (including loss of profit) and expenses incurred as a result of cancellation.
3.2 We will not be liable to you or be in breach of contract by reason of delay or failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control.
1. PRICE AND PAYMENT
4.1 We reserve the right by giving notice before delivery or supply to increase the price of the Goods to reflect any increase in cost to us.
4.2 Prices quoted by us are inclusive of costs of delivery and any applicable VAT, unless otherwise stated.
4.3 Payment for the Goods is due and payable 30 days after the date of the invoice without deduction or set-off. However, payment is due and payable immediately upon cancellation or termination of the contract between us.
4.4 We are entitled to set off sums owed by us to you against any sums owed by you to us.
4.5 Time of payment is of the essence.
4.6 If you fail to make payment on the due date the total price of the Goods becomes due and payable without demand and we may:-
4.6.1 Cancel the contract between us; and/or
4.6.2 Suspend further deliveries; and/or
4.6.3 Claim interest and debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002 (before and after judgment).
1. DELIVERY, PERFORMANCE, RISK AND PROPERTY
5.1 Unless otherwise agreed in writing, delivery of the Goods shall be made by you collecting the Goods from us after we have notified you that the Goods are ready for collection or, if delivery is to be made by us, by us delivering the Goods.
5.2 Any dates for delivery and/or performance are approximate only and you shall not be entitled to refuse to accept the Goods because of late delivery.
5.3 Where Goods are supplied by instalments, each instalment is a separate contract. Failure by us to deliver or perform any instalment will not entitle you to treat the contract as a whole as repudiated.
5.4 If you fail to take delivery or fail to give us adequate delivery or performance instructions then we may charge you our storage costs for the Goods.
5.5 The Goods remain our property as legal and equitable owner and no property in or title shall pass to you until we receive their full price together with the full price of any other goods you have contracted to buy from us.
5.6 Until ownership of the Goods passes to you, you must:-
5.6.1 store them at your own cost on your premises separately from any other goods and in a manner which makes them readily identifiable as our goods;
5.6.2 Not destroy, deface or obscure any identifying mark or packaging of the Goods;
5.6.3 Maintain the goods in a satisfactory condition insured on our behalf for their full price against “all risks”; and 5.6.4 Hold the proceeds of insurance referred to in condition 5.6.3 on trust for us and not mix them with any other money nor pay the proceeds into an overdrawn account.
5.7 Risk in the Goods passes to you on delivery.
5.8 We may, so as to discharge any overdue payment, recover or resell the Goods and we may, by our agents or employees, enter any premises where the Goods are stored for this purpose.
1. INFORMATION, ADVICE AND PERFORMANCE It is entirely your responsibility to ensure that the kind and/or class of Goods ordered by you are suitable for your purpose. You shall not place any reliance on our skill or judgment or that of our employees or agents in respect of the Goods. We shall not be under any liability for any loss or damage however arising from or attributable to any advice, statement or representation given by us, our employees or agents to you in respect of the Goods whether regarding performance, capability or suitability for any purpose. Such liability is expressly excluded to the fullest extent permitted by law.
1. RESALE OF GOODS If any item comprised in the Goods is resold, you must bring to the purchaser’s attention all our instructions and/or recommendations for use which are packed with or appearing on the Goods or which have been notified to you.
1. GUARANTEE We give no warranty either express or implied as to the Goods. You shall only be entitled to the benefit of such warranty or guarantee as is given to us or you by the manufacturer.
1. LIMITATION OF LIABILITY YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
9.1 The following sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents or subcontractors) to you in respect of any breach of these Conditions and any representation, statement or act or omission (including negligence) arising under or in connection with the contract between us and in respect of any contemplated performance or lack of performance.
9.2 All warranties, conditions or other terms implied by statute, common law, trade usage or otherwise are excluded to the fullest extent permitted by law.
9.3 Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.
9.4 Subject to conditions 9.2 and 9.3:-
9.4.1 our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the contract between us shall be limited to the contract price; and
9.4.2 we shall not be liable to you for any loss of profit, loss of production, depletion of goodwill or any other indirect, special or consequential loss, damage, costs or expenses whatsoever which arise out of or in connection with the contract between us.
9.5 Any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification must be notified to us within seven days from date of delivery or within a reasonable time after discovery of the defect or failure. If no such notification is received, you are not entitled to reject the Goods and must pay their price.
9.6 Where any valid claim in respect of any of the Goods is notified to us in accordance with these Conditions, we shall be entitled to repair or replace the Goods (or the part in question) free of charge or refund to you the price of the Goods (or a proportionate price of the Goods), but then we shall have no further liability to you.
10.1 Each of our rights or remedies is without prejudice to any other right or remedy we may have.
10.2 If any provision of these Conditions is found by any competent authority to be invalid, unenforceable or unreasonable, the remainder shall not be affected.
10.3 Failure or delay by us in enforcing or partially enforcing any provision of these Conditions is not a waiver of any of our rights.
10.4 Any waiver by us of any breach by you is not a waiver of any subsequent breach.
10.5 These Conditions and the contract between us do not create, confer or purport to confer any benefit or right enforceable by any person not a party to it by virtue of the Contracts (Rights of Third Parties) Act 1999.
10.6 These Conditions and the contract between us are subject to English law and the exclusive jurisdiction of the English courts.
VAT ID Number
GB 869 9225 62