Hello and welcome to our Terms pages.
The following pages set out how we do business and what you can expect from us, whether you purchase something from the Site or not.
They are intended to bind all visitors to the Site and if you purchase an item from us, the terms under which we supply it.
We’ve tried to make them simple, but if there is anything that is not clear, please contact us.
These terms do change from time to time and we will assume that you have read them each time you visit us.
There are various parts to these terms, which are as follows:
- Buying Terms – the terms which apply when you purchase products or services from us.
- Definitions – where we define the meaning of certain words we use.
These Terms apply to anyone visiting the Site, whether you order from us or not.
- YOU PROMISE US
You agree that:
You are over the age of 18 years.
You will have only one Account with us.
You will not pretend to be someone else when you use the Site.
If you link to another site through us, you will read their terms.
You will not use robots, spiders, scrapers or similar things on the Site.
You will not try to get around any things we put on the Site to stop or limit access to parts of it.
You will not do anything that might cause our systems to crash.
You will not steal the Site or any part of it for use in any other site or application.
You will not try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any of the systems we use.
You will not use our trademarks and/or designs and/or layout before asking us.
- INTELLECTUAL PROPERTY
2.1 We and our business partners own all of the IP and IPR on the Site and in any plans we might produce for you. Neither the Site nor the Content may be copied, duplicated, reproduced, modified, sold or used, in any way, for any purpose without our written consent.
2.2 We will retain ownership of any and all IPR that may subsist in any plans we may produce for you. You may not use such IPR for any purpose, whether commercial or otherwise.
2.3 All trademarks and logos on the Site are our property (or those of our affiliates) and are protected, where we feel it necessary, by trademark, copyright and such other protection that we feel appropriate.
2.4 You may download and print any Material for your own use only, and not for any commercial or other use whatsoever. None of the material contained in any printable may be extracted, copied or otherwise used except as provided for in this clause. Any material data sheets which are available for downloading and printing may only be used with the Product for which they have been supplied and may not be used for any other purpose whatever.
3.1 We are not able to promise that the Site will work how you expect it to work. We have tried to make it function in a manner that we think will match your expectations, but we are unable to guarantee that it will.
3.2 We are not able to guarantee that the Site will work with your device or will be secure or that any Plan will provide a benefit to you.
3.3 Whilst we take reasonable precautions to ensure the accuracy of information we publish on the Site, we cannot guarantee its accuracy and suggest that, if any information is important to you, you verify it independently.
3.4 Any advice we offer on the Site is only general in nature and may not apply to you. You should seek specialist advice in connection with any use of the Products if you are in any doubt as to such use.
3.5 If using the Site causes your device issues unless we have caused them deliberately or recklessly, we have no responsibility to put them right.
3.6 If you link to another site through the Site, you undertake to make sure that the other site is safe to do so. We have no control over the sites we link to.
- AVAILABILITY OF THE SITE
4.1 We never guarantee that the Site will be available all the time and if it is not available for any reason you cannot hold us responsible for anything you lose as a result.
4.2 We have the right to change the Site and the services it offers, suspend it or stop it at any time, without compensating you.
- LIMITATION OF LIABILITY
5.1 As far as we are allowed by law we deny liability for any loss of all kinds which you incur from visiting the Site. You use the Site at your own risk.
5.2 Nothing in these Terms excludes or restricts our liability for death or personal injury resulting from any negligence, or fraud, on our part.
- LINKS TO OTHER WEBSITES
6.1 We do not control any of the websites we link to and are not responsible for their content. We have no liability if you lose anything when using such a site.
6.2 We are not responsible for evaluating other sites to which we may link from the Site. We have no responsibility or liability for the actions, contents, products or services of other sites. You agree to read and review the Terms and privacy policies of all sites we link to.
6.3 A link to another site does not mean that we endorse or recommend that site.
6.4 We can never guarantee that a link that we offer will work.
- MODIFICATIONS TO THESE TERMS AND THE SITE
7.1 These Terms will change from time to time and we do not have the resources to let all our visitors know about the changes.
7.2 Each time you visit the Site, you agree to look at this page to see if we have changed any Terms.
7.3 We may change the Site as often as we choose, and these Terms will still apply to any changes we make.
- Data Protection and Privacy
You and we both agree to comply with the Privacy Notice which forms part of the Agreement.
- No Waiver
No failure by us to enforce any provision in these Terms will constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms. Such failure will not be deemed to be a waiver of any preceding or subsequent breach and will not constitute a continuing waiver.
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the rest of these Terms and the remainder of the provision in question will not be affected.
- Third-Party Rights
No person who is not a party to these Terms has any rights under the Contracts (Rights of Third Parties) Act 1999.
- FORCE MAJEURE
No Party to these Terms, and any Agreement made under them, shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
13.1 Operative Law – These Terms and any Agreement under which they operate are made under the laws of England and Wales and that is the only jurisdiction that can govern them.
13.3 Effect – These Terms supersede all previous Terms and represent the entire understanding between you and us.
13.4 Time of the Essence – Time will not be of the essence in any part of these Terms.
13.5 Notices – If either you or we need to give formal notice to the other it must be done by email to the address each of us gives to the other from time to time.
13.6 Entire Agreement – These Terms contain the entire understanding between us.
These Terms apply if you want us to carry out any landscaping or groundworks or if we are supplying any products to you.
1.1 If you would like to use our Services you promise that:
1.1.1 all the information you supply to us is complete and accurate;
1.1.2 you have permission to give us your bank card/bank account details, if we need them; and
1.1.3 you will tell us if any information becomes inaccurate or untrue.
1.2 When you order Services from us, no binding contract will come into existence between you and us, until we tell you that we have accepted your order.
1.3 If making an order through the Site, until we tell you, by email or otherwise, that we have accepted your order, we can reject it and will return any money you have sent us using the method by which you paid us.
1.4 If, for any reason, we can’t supply the Service you have ordered, even after we have accepted your order, as long as we refund all money you have paid us, we will have no further liability to you.
1.5 We always try to describe all of the Products we supply accurately, but we can never guarantee that small changes will not occur in manufacture.
1.6 If we show you images of Products, those images may not match the colour and exact specification of the Products we supply, due to differences produced in manufacture.
1.7 All measurements/sizes we provide are subject to minor variations in construction.
SERVICES AND INSTALLATION
2.1 We will only start work when we have agreed to accept your order.
2.2 We will use our reasonable endeavours to provide the Services with reasonable skill and care.
2.3 You must tell us, while we are providing any of our Services, if there is any aspect of them that you do not understand. We are unable to deal with any lack of understanding, if you do not tell us about it.
2.4 We have the right, within reason, at any time and for any reason we deem appropriate to alter the Services and the way we provide them.
2.5 If an Estimate includes the supply of Products, you accept and agree that we quote the prices for such Products as they are on the date of that Estimate and that, should those prices change, when we supply the Products, we may alter the amount of that Estimate, to reflect the change.
2.6 We have the right to increase any Estimate we provide, if:
2.6.1 prices for any Products we have agreed to supply increase between the date of such Estimate and the date upon which our Services are to be supplied;
2.6.2 any factor of which we were not aware when providing our Estimate becomes evident, before or during Installation;
2.6.3 in the course of providing the Services we discover circumstances which make the provision of those Services substantially more difficult to carry out;
2.6.4 you request that we carry out additional work;
2.6.5 the Product is not carried as part of our van stock – in which case, we will charge the full retail price of the Product plus a collection fee of £25.
- DATES AND TIMINGS
Whilst we will always do our best to meet any date we have agreed with you for the supply of our Services, we are unable to control third party suppliers. Time will not be of the essence in relation to any dates and times we provide.
- YOUR OBLIGATIONS
4.1 If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, you must obtain them before we start work.
4.2 If any party wall agreements are required in order for the Services to be rendered, you must enter into those agreements before we start work.
4.3 You must make sure that we can access the Site when we need to in order to carry out the Work.
4.4 Unless we have agreed otherwise, you will make sure that we have access to electrical outlets and a supply of cold running water.
4.5 You must remove any personal items (and keep them removed) from the Work Area, before we start work.
4.6 If you wish to access the Work Area whilst the Work remains unfinished, you must observe all relevant health and safety rules and any additional instructions we impose.
- THE WORK
5.1 Before we start the Work, we will carry out a full inspection of the Work Area to make sure that it can be carried out safely.
5.2 We will provide the Services in accordance with the specification set out in the Estimate you have accepted and which may be amended from time to time.
5.3 We may provide sketches, plans, diagrams or similar documents in advance of the Work. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification or to guarantee specific results or finishes.
5.4 We will ensure that all Products comply with any relevant standards and are in a satisfactory condition at the time of use.
5.5 If we feel that the Work is likely to affect the area outside the Work Area, we will advise you of any remedial work you are likely to have to carry out. If further remedial work is needed, beyond the scope of the Estimate, and you ask us to carry it out, we have the right to make an additional charge for such remedial work.
5.6 We will properly dispose of all waste that results from our provision of the Works.
5.7 If we cause any (unanticipated) damage during the course of the Work, we will repair the damage.
- SELF SUPPLIED PRODUCTS
You accept and acknowledge that, should you supply any product for us to install, it must comply, in all respects, with any requirements we set for its installation. We are not responsible for any issues, of any nature, which arise from the use of products which you have supplied.
We may, from time to time, supply designs and rough drawings of the Work and matters related to it. Such material is not intended to be accurate enough to provide a detailed specification of the Work; rather, it is an approximate indication of how we feel the Work will be completed. You accept and agree that the Estimate, and not any designs or drawings, provide the correct specification of the Work.
8.1 Under no circumstances will we be responsible for any defects which result from the work of third party contractors over which we have no control.
8.2 We always use reasonable efforts to ensure that the Services are provided trouble-free. If, however, there is a problem, you must tell us as soon as you know about it. We will use reasonable efforts to remedy problems as quickly as is reasonably possible and practical.
8.3 We make no charge for remedying problems where we have caused them. If a problem has been caused by incorrect or incomplete information or action provided or taken by you, or a third party, we may charge you for remedial work.
9.1 We guarantee that the product of all Services we provide shall be free from any and all defects for a period of 12 months following completion of the Work.
9.2 All Products will have the manufacturer’s standard guarantee.
9.3 If any defects in the product of the Services appear during the guarantee period set out in clause 9.1 we will rectify any and all such defects at no cost to you.
10.1 Payment for any Service may be made direct to us by cash or card, using the methods we provide. We will not undertake any work until we have received payment in full from you.
10.2 We will not retain any information relating to your bank or credit cards except the information that you give to us so that we can credit your bank account.
10.3 Our payment gateways may retain information relating to your bank and credit cards, so that they can provide the payment service we and you benefit from.
10.4 Unless we have agreed to offer you credit, we required payment in full, before we deliver any Product.
10.5 If we have agreed to offer you a credit facility, you must settle each invoice we provide within 30 days of the day it was sent to you.
10.6 If you fail to pay any sum due to us by its due date, we may charge interest on all unpaid sums, from the date of the invoice until the actual date of payment (whether before or after judgment) at the rate of 8% per annum above the base rate from time to time of Barclays Bank PLC.
11.1 You may have a statutory right to a “cooling off” period. This period begins once the contract between you and us is formed and ends at the end of 14 calendar days after the date on which the contract is formed. This right does not apply to you if you are obtaining the Services as a business.
11.2 If you wish to cancel the Agreement within the cooling off period you should tell us immediately by phone, letter or email.
11.3 To meet the cancellation deadline, it is sufficient for you to tell us to cancel before the cancellation period has expired.
11.4 If you exercise this right to cancel you will receive a full refund of any amount paid to us under the Agreement.
11.5 We will refund money using the same method used to make the payment.
11.6 We will process the refund within the period of 14 calendar days after the day you tell us that you want to cancel.
11.7 If you ask us to start the Work before the period shown in clause 11.1, you will lose the right to cancel.
11.8 We may need to cancel the Agreement before we start the Work due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of our reasonable control. If such cancellation is necessary, we will tell you as soon as we can and we will refund the Deposit, and any other sums paid, as soon as is reasonably possible, and in any event within 14 calendar days of termination. You will have no right to any compensation if we cancel in this way.
Events Outside of Our Control (Force Majeure)
12.1 We will not be liable for any failure or delay in performing our obligations under these Terms if that failure or delay arises because of any cause beyond our reasonable control.
12.2 Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
12.3 If this happens:
We will tell you as soon as we reasonably can;
We will do all that we reasonably can to minimise the delay;
If we cannot minimise the delay, we will cancel your order for the Product and refund you the money you have paid us, using the same method by which you paid us.
- Transferring Rights and Obligations
13.1 We may transfer (assign) our rights and obligations under these Terms to a third party. This might happen if we sell our business. If that happens, we will tell you and your rights under these Terms will not be affected.
13.2 You may not transfer (assign) your rights and obligations under these Terms.
- LIMITATION OF LIABILITY
14.1 We are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
14.2 Nothing in these Terms limits our liability:
- for death or personal injury caused by our negligence;
- under section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
14.3 If you are a business user, please note that in particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.
14.4 If you are a Consumer, please note that we only provide Products for domestic and private use. You agree not to use our Products for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- DISPUTE RESOLUTION
15.1 If you have a complaint and we are unable to resolve it between ourselves, the following provisions will apply.
15.2 You and we will engage the services of a mediator, appointed by National Dispute Resolution Limited, and we both agree to use our best endeavours to resolve the complaint by way of mediation. If payment of the costs of the mediator is not resolved in the mediation, they will be paid equally by you and us.
15.3 If the mediation fails then we will each be entitled to choose such other route to resolve it as each of you and us shall decide.
15.4 Nothing in this clause 15 shall prohibit either you or us from applying to a court for interim injunctive relief.