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Online Shopping Terms (Revised 12/06/14)
1. Introduction
1.1 These terms and conditions govern the sale and purchase of products
through our website.
1.2 You will be asked to give your express agreement to these terms
and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have
as a consumer (such as rights under the Sale of Goods Act 1979 or
the Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013).
2. Interpretation
2.1 In these terms and conditions: (a) "we" means County Hire Ltd
t/a GroundsCare Products; and (b) "you" means our customer or prospective
customer, and "us", "our" and "your" should be construed accordingly.
3. Order process
3.1 The advertising of products on our website constitutes an "invitation
to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and
until we accept your order in accordance with the procedure detailed
below.
In order to enter into a contract to purchase products from us, you
will need to take the following steps:
(i) you must agree to our terms and conditions by clicking the "Tick
to agree terms" box;
(ii) you must make your payment transaction for the goods in advance
via the PayPal service by clicking the "Add to Cart" or "View
Cart" buttons. This action will transfer you to the Paypal website,
and Paypal will handle your payment;
(iii) PayPal will then send you the First Acknowledgment; and
(iv) once we have checked whether we are able to meet your Order,
we will either email you the Second Acknowledgement, including VAT
invoice (at which point this Agreement will become a binding contract)
and arrange despatch of the goods, or we will notify you by email
of any exceptions and course of action.
3.4 Before you place your Order, you will have the opportunity of
identifying whether you have made any input errors by reviewing the
data you have entered before proceeding to the next stage. You may
correct those input errors before confirming you purchase.
4. Products
4.1 The following types of products are or may be available on our
website from time to time: survey levels; pressure washers; landscape
machinery.
4.2 We may periodically change the products available on our website,
and we do not undertake to continue to supply any particular product
or type of product.
5. Prices
5.1 The prices of our products are quoted on our website.
5.2 We will from time to time change the product prices quoted on
our website, but this will not affect contracts that have previously
come into force.
5.3 All amounts stated in these terms and conditions or on our website
are stated inclusive of VAT & exclusive of VAT.
5.4 It is possible that prices on the website may be incorrectly quoted;
accordingly, we will verify prices as part of our sale procedures
so that a product's correct price will be notified to you before the
contract of sale comes into force.
5.5 Standard next-day delivery charges are quoted on our website for
destinations within mainland UK. For other destinations an additional
charge will be payable.
6. Payments
6.1 You must, during the checkout process, pay the prices of the
products you order.
6.2 Payments must be made by any of the permitted methods specified
on our website from time to time.
6.3 If you fail to pay to us any amount due under these terms and
conditions in accordance with the provisions of these terms and conditions,
then we may withhold the products ordered and/or by written notice
to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back
then you will be liable to pay us, within 7 days following the date
of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back
(including charges made by our or your bank or payment processor or
card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering
the amounts referred to in this Section 6.4 (including without limitation
legal fees and debt collection fees), and for the avoidance of doubt,
if you fail to recognise or fail to remember the source of an entry
on your card statement or other financial statement, and make a charge-back
as a result, this will constitute an unjustified charge-back for the
purposes of this Section 6.4.
7. Credit Accounts
7.1 If we agree to open a business account for you, you will be able
to pay in arrears, in accordance with the provisions of this Section
7.
7.2 If you hold an account, then upon or following the dispatch of
products, we will send to you an invoice for payment of the price
of those products, and you will pay such invoice within 30 days following
the date of our invoice.
7.3 Business accounts will be subject to such credit limits as we
may notify to you from time to time.
7.4 If you do not pay to us any amount properly due under or in connection
with these terms and conditions in full and on time, we may:
(a) charge you interest on the overdue amount at the rate of 8% per
year above the UK base rate of HSBC Bank Plc (which interest will
accrue daily until the date of payment and be compounded at the end
of each calendar month); or
(b) claim interest and statutory compensation from you pursuant to
the Late Payment of Commercial Debts (Interest) Act 1998, without
prejudice to our other legal rights or rights under these terms and
conditions.
8. Deliveries
8.1 Our policies and procedures relating to the delivery of products
are set out in this Section 8.
8.2 We will arrange for the products you purchase to be delivered
to the delivery address you specify during the checkout process.
8.3 We will use reasonable endeavours to deliver your products on
or before the date for delivery set out in the order confirmation
or, if no date is set out in the order confirmation, within 2 business
days following the date of the order confirmation; however, we do
not guarantee delivery by this date.
8.4 We do guarantee that unless there are exceptional circumstances
all deliveries of products will be dispatched within 30 days following
the later of receipt of payment and the date of the order confirmation.
8.5 We will only deliver products carriage paid to addresses on the
UK mainland. Deliveries to other destinations will attract additional
charges.
9. Distance Contracts: Cancellation Right, Returns & Refunds
9.1 This Section 9 applies if and only if you offer to contract with
us, or contract with us, as a consumer - that is, as an individual
acting wholly or mainly outside your trade, business, craft or profession.
9.2 You may withdraw an offer to enter into a contract with us through
our website or cancel a contract entered into with us through our
website (without giving any reason for your withdrawal or cancellation)
at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the products
come into your physical possession or the physical possession of a
person identified by you to take possession of them (or, if the contract
is for delivery of multiple products, lots or pieces of something,
14 days after the day on which the last of those products, lots or
pieces comes into your physical possession or the physical possession
of a period identified by you to take possession of them).
9.3 In order to withdraw an offer to contract or cancel a contract
on the basis described in this Section 9, you must inform us of your
decision to withdraw or cancel (as the case may be). You may inform
us by means of any clear statement setting out the decision. In the
case of cancellation, you may inform us using the cancellation form
that we will make available to you. To meet the cancellation deadline,
it is sufficient for you to send your communication concerning the
exercise of the right to cancel before the cancellation period has
expired.
9.4 If you cancel a contract on the basis described in this Section
9, you must send the products back to us to GroundsCare Products,
Whitehouse Ind. Park, Silchester Road, Tadley. Hampshire RG26 3PY
or hand them over to us or a person authorised by us to receive them.
You must comply with your obligations referred to in this Section
9 without undue delay and in any event not later than 14 days after
the day on which you inform us of your decision to cancel the contract.
You must pay the direct cost of returning the products.
9.5 If you cancel an order in accordance with this Section 9, you
will receive a full refund of the amount you paid to us in respect
of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive
kind of delivery that we offer, we reserve the right to retain the
difference in cost between the kind of delivery you chose and the
least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 9.
9.6 If the value of the products returned by you is diminished by
any amount as a result of the handling of those products by you beyond
what is necessary to establish the nature, characteristics and functioning
of the products, we may recover that amount from you up to the contract
price. We may recover that amount by deducting it from any refund
due to you or require you to pay that amount direct to us. Handling
which goes beyond the sort of handling that might reasonably be allowed
in a shop will be "beyond what is necessary to establish the nature,
characteristics and functioning of the products" for these purposes.
9.7 We will refund money using the same method used to make the payment,
unless you have expressly agreed otherwise. In any case, you will
not incur any fees as a result of the refund.
9.8 Unless we have offered to collect the products, we will process
a refund due to you as a result of a cancellation on the basis described
in this Section 9 within the period of 14 days after the day on which
we receive the returned products or (if earlier) after the day on
which you supply to us evidence of having sent the products back.
If we have not sent the products to you at the time of withdrawal
or cancellation or have offered to collect the products, we will process
a refund due to you without undue delay and, in any case, within the
period of 14 days after the day on which we are informed of the withdrawal
or cancellation.
9.9 You will not have any right to cancel a contract as described
in this Section 9 insofar as the contract relates to:
(a) the supply of any sealed audio recordings, sealed video recordings
or sealed computer software which have been unsealed by you;
(b) the supply of products the price of which is dependent upon fluctuations
in financial markets which we cannot control and which may occur during
the cancellation period;]
(c) the supply of newspapers, periodicals or magazines, with the exception
of subscription contracts for the supply of such publications;
(d) the supply of goods which are liable to deteriorate or expire
rapidly;
(e) the supply of non-prefabricated goods that are made on the basis
of an individual choice of or decision by you, or goods that are clearly
personalised;
(f) the supply of sealed goods which are not suitable for return due
to health protection or hygiene reasons, where such goods have been
unsealed by you; and
(g) the supply of goods which are, according to their nature, inseparably
mixed with other items after delivery.
10. Risk and Ownership
10.1 The products you purchase from us will be at your risk from
the time of delivery.
10.2 Ownership of a product that you purchase from us will pass to
you upon the later of:
(a) delivery of the product; and
(b) receipt by us in cleared funds of all amounts due in respect of
the product (including delivery charges if applicable).
10.3 Until ownership of a product has passed to you, you will possess
the product as our fiduciary agent and bailee.
10.4 If you are business customer, then until ownership of a product
has passed to you:
(a) you must store the product separately from other goods; and
(b) you must ensure that the product is clearly identifiable as belonging
to us.
11. Warranties and Representations
11.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these
terms and conditions;
(c) all the information that you provide to us in connection with
your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance
with these terms and conditions.
11.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance,
except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except
as specified in these terms and conditions;
(d) the products you buy will correspond to any description published
on our website; and
(e) the products you buy will be of satisfactory quality.
11.3 These terms and conditions set out all of our warranties and
representations relating to the supply of products hereunder. To the
maximum extent permitted by applicable law and subject to Section
13.1, all other warranties and representations are expressly excluded.
12. Breach of Product Warranty
12.1 If you believe that products you have purchased from us breach
any of the warranties set out in Section 11.2, please contact us to
discuss the issue and arrangements for the return of the products.
12.2 If products you purchase from us do not conform with the warranties
set out in Section 11.2, then you will be entitled to a refund of
all amounts paid in respect of those products. Alternatively and subject
to availability, we may agree to supply you with replacement products,
in which case we will pay the cost of delivering those replacement
products to you. In either case we will reimburse you for your reasonable
expenses incurred in returning the products to us.
12.3 If you return a product in contravention of these terms and conditions,
and you do not have any other legal right to a refund or exchange
in respect of that product:
(a) we will not refund the purchase price or exchange the product;
(b) we may retain the returned product until you pay to us such additional
amount as we may charge for re-delivery of the returned product; and
(c) if we do not receive payment of such additional amount within
14 days of issuing a request for payment, we may destroy or otherwise
dispose of the returned product in our sole discretion without any
liability to you.
13. Limitations and Exclusions of Liability
13.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting
from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable
law; or
(d) exclude any liabilities that may not be excluded under applicable
law, and, if you are a consumer, your statutory rights will not be
excluded or limited by these terms and conditions, except to the extent
permitted by law.
13.2 The limitations and exclusions of liability set out in this
Section 13 and elsewhere in these terms and conditions:
(a) are subject to Section 13.1; and
(b) govern all liabilities arising under these terms and conditions
or relating to the subject matter of these terms and conditions, including
liabilities arising in contract, in tort (including negligence) and
for breach of statutory duty.
13.3 We will not be liable to you in respect of any losses arising
out of any event or events beyond our reasonable control.
13.4 We will not be liable to you in respect of any business losses,
including (without limitation) loss of or damage to profits, income,
revenue, use, production, anticipated savings, business, contracts,
commercial opportunities or goodwill.
13.5 We will not be liable to you in respect of any loss or corruption
of any data, database or software, providing that if you contract
with us under these terms and conditions as a consumer, this Section
13.5 shall not apply.
13.6 We will not be liable to you in respect of any special, indirect
or consequential loss or damage, providing that if you contract with
us under these terms and conditions as a consumer, this Section 13.6
shall not apply.
13.7 You accept that we have an interest in limiting the personal
liability of our officers and employees and, having regard to that
interest, you acknowledge that we are a limited liability entity;
you agree that you will not bring any claim personally against our
officers or employees in respect of any losses you suffer in connection
with the website or these terms and conditions (this will not, of
course, limit or exclude the liability of the limited liability entity
itself for the acts and omissions of our officers and employees).
13.8 Our aggregate liability to you in respect of any contract to
purchase products from us under these terms and conditions shall not
exceed the greater of:
(a) £685 + vat and
(b) the total amount paid and payable to us under the contract.
14. Order Cancellation
14.1 We may cancel any contract made under these terms and conditions
immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under
the contract; or
(b) you commit any breach of the terms of the contract.
14.2 If you are a business customer, we may cancel a contract made
under these terms and conditions by written notice to you if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning
of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest)
is appointed to manage or take control of the whole or part of your
business or assets, or notice of an intention to appoint such a person
is given or documents relating to such an appointment are filed with
any court;
(d) the ability of your creditors to take any action to enforce their
debts is suspended, restricted or prevented, or some or all of your
creditors accept, by agreement or pursuant to a court order, an amount
of less than the sums owing to them in satisfaction of those sums;
or
(e) any process is instituted which could lead to you being dissolved
and your assets being distributed to your creditors, shareholders
or other contributors.
14.3 We may cancel a contract to supply a product or products made
under these terms and conditions by written notice to you if we are
prevented from fulfilling that contract by any event beyond our reasonable
control, including without limitation any unavailability of raw materials,
components or products, or any power failure, industrial dispute affecting
any third party, governmental regulations, fire, flood, disaster,
riot, terrorist attack or war.
15. Consequences of Order Cancellation
15.1 If a contract made under these terms and conditions is cancelled
in accordance with Section 14:
(a) we will cease to have any obligation to deliver products which
are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay
for products which have been delivered at the date of cancellation
(without prejudice to any right we may have to recover the products);
and
(c) all the other provisions of these terms and conditions will cease
to have effect, except that Sections 1.3, 6.4, 7.2, 7.4, 9, 13, 18,
19, 20, 21, 22 and 23 will survive termination and continue in effect
indefinitely.
16. Scope
16.1 These terms and conditions do not constitute or contain any
assignment or licence of any intellectual property rights.
16.2 These terms and conditions do not govern the licensing of works
(including software and literary works) comprised or stored in products.
16.3 These terms and conditions do not govern the provision of any
services by us or any third party in relation to the products (other
than delivery services).
17. Variation
17.1 We may revise these terms and conditions from time to time by
publishing a new version on our website.
17.2 A revision of these terms and conditions will govern contracts
made under these terms and conditions at any time following the time
of the revision, but will not affect contracts made before the time
of the revision.
18. Assignment
18.1 You hereby agree that we may assign, transfer, sub-contract
or otherwise deal with our rights and/or obligations under these terms
and conditions - providing, if you are a consumer, that such action
does not serve to reduce the guarantees benefiting you under these
terms and conditions.
18.2 You may not without our prior written consent assign, transfer,
sub-contract or otherwise deal with any of your rights and/or obligations
under these terms and conditions.
19. No Waivers
19.1 No breach of any provision of these terms and conditions will
be waived except with the express written consent of the party not
in breach.
19.2 No waiver of any breach of any provision of these terms and conditions
shall be construed as a further or continuing waiver of any breach
of that provision or any other provision of these terms and conditions.
20. Severability
20.1 If a provision of these terms and conditions is determined by
any court or other competent authority to be unlawful and/or unenforceable,
the other provisions will continue in effect.
20.2 If any unlawful and/or unenforceable provision of these terms
and conditions would be lawful or enforceable if part of it were deleted,
that part will be deemed to be deleted, and the rest of the provision
will continue in effect.
21. Third Party Rights
21.1 These terms and conditions are for our benefit and your benefit,
and are not intended to benefit or be enforceable by any third party.
21.2 The exercise of the parties' rights under these terms and conditions
is not subject to the consent of any third party.
22. Entire Agreement
22.1 Subject to Section 13.1, these terms and conditions, together
with our returns policy, constitute the entire agreement between you
and us in relation to the sale and purchase of our products and supersede
all previous agreements between you and us in relation to the sale
and purchase of our products.
23. Law and Jurisdiction
23.1 These terms and conditions shall be governed by and construed
in accordance with English law.
23.2 Any disputes relating to these terms and conditions shall be
subject to the exclusive jurisdiction of the courts of England.
24. Statutory and Regulatory Disclosures
24.1 We will not file a copy of these terms and conditions specifically
in relation to each user or customer and, if we update these terms
and conditions, the version to which you originally agreed will no
longer be available on our website. We recommend that you consider
saving a copy of these terms and conditions for future reference.
24.2 These terms and conditions are available in the English language
only.
24.3 Our VAT number is 537 4606 35
25. Our Details
25.1 This website is owned and operated by County Hire Ltd t/a GroundsCare
Products.
25.2 We are registered in England and Wales under registration number
4505406, and our registered office is at Whitehouse Ind. Park, Silchester
Road, Tadley. Hampshire RG26 3PY.
25.3 Our principal place of business is at Whitehouse Ind. Park, Silchester
Road, Tadley. Hampshire RG26 3PY.
25.4 You can contact us by writing to the business address given above,
by using our website email contact form or by telephone on 0118 981
1313
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