Terms and Conditions of Sale

TERMS AND CONDITIONS OF SALE

If you are a consumer, you have certain statutory rights regarding the return of defective goods and claims in respect of losses caused by negligence or failure to carry out our obligations. These terms shall not affect your statutory rights.

Definitions:

The following definitions apply to our Terms and Conditions of use:

• The Company means Premium Topsoil Supplies.

• Contact details are those shown on the Contact Us page.

• The Customer means, any person contracting with the company for the supply of products or services.

• Delivery means, delivery by the company or any subcontractor contracted by the company directly or indirectly.

• Contract means the contract for the supply of goods incorporating these terms.

• Goods means the goods supplied by Us.

• Terms means the terms set out in this document and any special terms agreed in writing between an authorised Company Signatory and you the Customer.

• We and Us means Premium Topsoil Supplies.

• You means the Customer/Person seeking to purchase goods from Us.

1.Terms and Conditions
1.1 These terms and conditions apply to all transactions entered into through this website. Please read them carefully as your use of this site indicates your agreement to be bound by the terms and conditions. These terms and conditions do not affect your statutory rights.
1.2 We may change these terms and conditions at any time. Any changes will take effect on the date they are posted.
1.3 All goods are supplied subject to the condition that our liability in respect of any complaint or claim of whatever origin, shall be limited to the replacement of faulty material and we accept no liability for loss or damage of any description arising out of the purchase or use of any goods.
1.4 All calls to and from Premium Topsoil Supplies are recorded for monitoring and training purposes.

2. Our Contract
2.1 You will have an opportunity to check and correct any input errors in your order up until you submit your order. The order is submitted by clicking the ‘Purchase’ button on the order review page.
2.2 This site constitutes our invitation for you to do business with us. Any order submitted by you is your offer to enter into a contract with us which is governed by these terms and conditions. Shortly after we receive your order, we will send you an e-mail confirming the product(s) you have ordered and that we have accepted your order, subject to these terms and conditions, full payment and availability of the items you have ordered. A legally binding contract between us will only come into effect when our acceptance of your order is dispatched.
2.3 Alternatively, we may decline all or part of your order for any reason, in which case we will email or telephone you advising you so.
2.4 If your payment details cannot be authorised for any reason we will tell you.

3. Prices and Payment
3.1 All prices and charges on this site are shown in UK pounds sterling. They include any VAT payable at the current rate and delivery charges where applicable (these are detailed in our Delivery Policy).
3.2 The total cost of your order will be the price of the products that you order including delivery. Prices will be set out clearly in your Shopping Trolley before you submit your order.
3.3 Prices, offers and products are subject to availability and may change before, but not after we accept your order. If a product becomes unavailable for any reason, we may offer you an alternative product, but will contact you to agree this.
3.4 We try very hard to ensure that all information on this site is accurate. However, just occasionally, an error may occur. If we discover an error in the price or description of a product you have ordered, we will write or email you to tell you and ask you whether you wish to continue with your order.
3.5 If a product or service is listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers, then we reserve the right to cancel the order/contract. In these circumstances you will not be entitled to seek compensation for disappointment suffered or for any other losses, which you might otherwise have incurred.
3.6 We accept payment by Mastercard, Visa, Delta, Maestro, Switch, Solo, Visa Electron and PayPal. Payment is deducted when we process your order. We also accept payment by personal cheques drawn on a UK bank account.
3.7 If payment is made by personal cheque, we must be in receipt of cleared funds before goods can be dispatched. To make payment by cheque, please contact us.

4. Age Requirements
If you order a product with a minimum age requirement, by ordering such product you confirm that you are of the required age.

5. Where We Deliver
Delivery must be to the address at which your payment card is registered unless specifically agreed otherwise at the time of placing the order. All deliveries must be signed for. Please make sure you keep your copy of the delivery advice.

6. Delivery Times
6.1 Our standard delivery days are Monday through to Friday. If you order after 12.00 a.m., please calculate your delivery time as if your order had been placed the following working day. In the case of bank holidays, please allow an extra two working days.
6.2 Our standard delivery time is three working days, however when a delivery is urgent you will have the opportunity when checking out to upgrade your delivery to either Next Working Day, a Saturday, or a timed delivery when an additional charge will apply.
6.3 We make every effort to deliver goods within the estimated timescales; however, delays are occasionally inevitable due to unforeseen circumstances beyond our control and therefore delivery times cannot be guaranteed. Estimated delivery dates are not part of the contract between the company and the buyer, and we shall be under no liability for any delay or failure to deliver the products within estimated timescales.
6.4 Risk of loss of and damage to products passes to you on the date of the first attempted delivery by us of the products. We cannot accept any liability for loss or damage to products that remain in our custody and care because you were unable to receive them.

7. How We Deliver
7.1 All products are delivered using known sub-contracted pallet services.
7.2 Unless otherwise agreed, delivery will be to the kerbside at the delivery address. If delivery is to be within the perimeter of the premises, it is the customer’s responsibility to ensure that there is adequate vehicular access for the delivery vehicle. It is agreed and understood that, at all times, it will be the delivery driver’s decision as to the adequacy of the access and the delivery driver’s decision is final. In the event of inadequate access, delivery will be made at the kerbside of the delivery address and the customer accepts that the pallet will be left where it is safe.
7.3 Pallets cannot be delivered onto gravel or grass and a level hard standing surface is essential.
7.4 Unless otherwise clearly stated, the disposal of the pallets carrying the goods are the customers responsibility. Premium Topsoil Supplies will not be able to collect the pallets.
7.5 Premium Topsoil Supplies will make every effort to ensure delivery times and timed deliveries arrive promptly. However, there are many factors governing delivery and Premium Topsoil Supplies cannot accept any liability should a delay occur.
7.6 All goods must be examined and signed for by the buyer at the time of delivery. Any signature for and on behalf of the buyer will be treated as acceptance of the goods irrespective of any limiting words, which the buyer attempts to impose.
7.7 Occasionally different products contained in the same order may be delivered separately

8. Missing, Damaged or Incorrect Orders
8.1 If you are not satisfied with your order due to quantity, quality or condition, which should be apparent following reasonable inspection, you must notify us immediately by telephone or email and send us written confirmation within three working days following the arrival of the goods at the destination to which they have been delivered.
8.2 In the event that a written complaint is not made within the allocated time period, the buyer will be deemed to have accepted the goods as being fit for purpose.
8.3 Whilst the company will make all reasonable effort to supply materials strictly in accordance with the quality and specification ordered, if any of the materials supplied are proved to be defective or not of the correct quality or specification ordered, the company’s liability will be limited to the free replacement of the materials shown to be unsatisfactory. In no circumstances will the company be liable for consequential loss of damage caused or arisen by any reason or any fault in the goods or materials supplied and it is specifically declared that defects which become apparent only after the materials use, will not entitle the buyer to any claim in-excess of the invoice price of the material supplied.

9. Cancellation
9.1 You can cancel your order with a minimum of 48 hours-notice (Monday to Friday) prior to the requested delivery date by contacting us as detailed on the Contact Us page. Please have your order reference number and delivery details to hand when contacting us.
9.2 You will NOT be able to cancel your order if: the goods were a special order to your specification.

10. Liability and Indemnity
10.1 Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence, our liability for fraudulent misrepresentation or any other liability, which may not be limited or excluded under any applicable law.
10.2 Subject to Section (10.1) above, we will use reasonable endeavours to verify the accuracy of any information on this site but we make no representation or warranty of any kind, express or implied statutory or otherwise regarding the contents of this site. Nor do we make any representation or warranty that this site will be available at any time. We make no representation or warranty that any defects within this site will be corrected, or that this site or the server that makes it available are or will be free of viruses or any error or fault in the programming that will cause it or your computer to malfunction. We make no representation as to the full functionality, accuracy, and reliability of this site. We will not be responsible or liable to you for any loss or content or material uploaded or transmitted through this site and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on this site.
10.3 Subject to Section (10.1) above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out above in section (8), any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under any applicable law.
10.4 Subject to Section (10.1) above, we will not be liable in contract or tort (including, without limitation, negligence) and/or we will not be liable in respect of pre-contract statements or other representations (other than fraudulent or negligent misrepresentations) or in any other manner for any:
· economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
· loss of goodwill or reputation; or
· special or indirect losses suffered or incurred by you arising or alleged to arise as a result of or in connection with your use of this site or your prospective or actual purchase of any goods and services from us.
10.5 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
10.6 This clause does affect your contract cancellation rights.
10.7 Notwithstanding the above, and subject to Section (10.1) our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

11. This Site
11.1 We and our suppliers own the copyright, trademarks and all other intellectual property rights in all material and content on this site, which you are not entitle to use, download, copy, publish, transmit nor otherwise make available by any other unless expressly authorised by Premium Topsoil Supplies. Any other use or reproduction of the material or content is strictly prohibited.
11.2 You may not create any link to this site without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.
11.3 You are permitted to print the pages of this site for your own use as a reminder of the terms and conditions, and your order.

12. General
12.1 These terms and conditions and all transactions relating to this website are governed by English law and are subject to the non-exclusive jurisdiction of the English courts. We do not accept amendments to these terms and conditions. Sales can only be concluded in English.
12.2 Your data protection rights are set out in our Privacy Policy.
12.3 We accept no responsibility or liability for the content or operation of websites, which are not under our control.
12.4 You may not assign or subcontract any of your rights or obligations under these terms and conditions or any related order for products to any third party without our prior written consent.
12.5 We reserve the right to transfer, assign, novate or subcontract the benefit of the whole or part of any of our rights or obligations under these terms and conditions or any related contract to any third party without your notice or consent.
12.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
12.7 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Contracts (Rights of Third Parties) Act 1999 except:
a) a person who is a permitted successor or assignee under Section (12.5) above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
b) No consent from the persons referred to in Section (12.5) above is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
12.8 No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other from further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Premium Topsoil Supplies.
12.9 These terms and conditions supersede all prior representations understandings and agreements between you and us relating to the use of this site (including the order of products) and sets forth the entire agreement and understanding between you and us for your use of this site and the purchase of goods from us.