TERMS & CONDITIONS
All quotations are subject to confirmation in writing by us on order from the buyer. The contract shall be concluded by the said confirmation and take effect from the time of despatch thereof to the buyer. The price of the goods is fixed only where we expressly state in this written acknowledgement that it will so be fixed and covers the period only stated also in this acknowledgement. In all cases, the prices are subject to variation and it is a condition of the acceptance of the order that the prices to be charged shall be that ruling on the date of despatch. Goods delivered from depot to be at depot prices plus haulage.
Delivery and Unloading
Where quoted the price allows for delivery as near to the site as a safe hard road permits and unloading at ground level. The customer is responsible for providing all labour information and facilities necessary to effect and prompt delivery and unloading. If delivery or unloading is delayed by the customer default in performing his obligations set out in this clause we reserve the right to amend our price. We accept no responsibility for damage to manhole covers, gullies, culverts, bridges, stopcocks and the like whether visible or not, unless the attention of the driver was previously specially directed thereto and it was reasonably possible to avoid such damage. The customer will unload all goods immediately on receipt, otherwise waiting time will be charged for. Any damage caused on unloading will be the responsibility of the customer and no claims can be entertained in connection with this. The time of delivery is not guaranteed without previous special written undertakings.
Defects Breakages Representations and Warranties
The copy(ies) of the delivery note must be signed on receipt of the goods. Unless any deficiency or damage is recorded thereon we cannot accept responsibility for claims. The buyer will be responsible for ascertaining and checking that the goods as ordered accepted and used are suitable for the purpose for which they are required. We give no warranties on these matters, and if any of the goods are found to be defective for whatsoever, we shall have no liability for any damage or loss of any kind, whether caused by negligence or otherwise or whether direct or consequential or occasioned thereby, apart from our liability below. Our liability is limited to replacement free of charge. We may at our opinion, make a fair cash allowance, the amount of which will not in any event exceed our invoice value for the goods. In accepting delivery of the goods supplied by us, the customer acknowledges that no representation whether oral or in writing has been made by us or by anyone in our employ which has led the customer to enter into the contract for the purchase of these goods. No representation or warranty is implied or given except as expressly stated in these conditions or in the appropriate quotation given in writing.
When goods are offered and supplied to customers designs and specifications, no guarantee is given or implied of their suitability for the purpose for which they are used. All quotations ex stock are subject unsold on receipt of order. Clamps, Bolts, Dowels and other fixings are not provided for unless mentioned. Unless otherwise agreed we expect to receive full working drawings from which our shop drawing and fixing plans can be prepared. Slight variations in colour or texture such as in precast concrete products such as may be natural to the material cannot be excluded but we guarantee that such variations do not affect its soundness. In cases where a schedule of quantities is prepared by us on a basis for quotation, materials and labours will be charged for as eventually supplied, notwithstanding any errors or omissions in the schedule.
If all the goods included in our estimate are not ordered, we reserve the right to review our price.
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than – (a) 14 days after the day we receive back from you any goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. SPECIAL MADE ORDERS CANNOT BE CANCELLED
Clearance Sale Items
Items in the ‘clearance sale’ sections may potentially have slight variations or defects in the quality and future orders may potentially have differences that are out of our control as such do not constitute a breach in contract therefore we will not return the cost of your return but your cancellation & returns policy are mentioned above.
We cannot accept responsibility for any damage or consequential loss arising from non-delivery or late delivery, or for delay or failure to complete the contract arising as the result of strikes, lockouts, labour disturbances, fire, frost, accidents, breakdown, acts of god, force majeure, or any cause whatsoever beyond our control.
Payments and Credit
Where we have not agreed to credit facilities, payment is due as the order is accepted by us and must be made before despatch of the goods. Credit accounts are due for payment on or before the last day of the month following the date of delivery, when goods are invoiced or have been quoted subject to cash discount this will be allowed on payments made ON OR BEFORE DUE DATE ONLY, and will not be allowed on overdue accounts. In this event of non-payment on any account when due, the price of the goods already delivered shall immediately become due and payable without regard to credit terms previously agreed, and we reserve the right to stop any further deliveries and cancel any contract due any payable without notification for all or any part of deliveries not made, but without prejudice to our rights already accrued under any such contract. We reserve the right at any time and without explanation to withhold credit facilities from and to limit the amount or period of credit we will grant to any customer. Where goods are sold on a credit basis we reserve to impose a condition of sale that the minimum total charge for the goods on each invoice is £25.00, notwithstanding that the total of the goods sold amounts to less than £1.00. Expectance of the goods on a credit basis of the time of the transaction invokes this condition. The customer may conduct the contract on a cash sale basis, for the lower amount if acceptable, only at the time of transaction.
Measurement and size or weight and the like stated on our quotation, or any list supplied by us or our manufacturers, are nominal in accordance with normal trade usage and customers must be prepared to accept variations due to the normal manufacturing processes and conditions.
Loss or damage in transit and non-delivery
We do not accept responsibility for goods damaged in transit or for short delivery unless such damage or short delivery is signed for as such and is reported to the carrier and to us within 3 working days of receipt of the goods. We do not accept responsibility or liability for non-delivery or total loss unless such non-delivery or total loss is reported to the carrier and to ourselves within 10 days of the receipt of the invoice.
Title of goods
Title in the goods does not pass to the customer until all the goods have been paid for in full. All outstanding invoices are payable on demand.
Variation of conditions
No agent or representative of the company, other than a Director or Secretary has any authority to vary or omit these conditions or any terms.
Any conditions of sale or purchase conflicting with these conditions shall not apply to the goods sold and these conditions shall prevail, and any qualification or instructions to this effect in the buyers order or otherwise shall be void and of no effect, unless we specifically approve in writing. Any acceptance by you of goods from us implies acceptance of these conditions. Our prices are subject to change without prior notice.
WEBSITE USE TERMS & CONDITIONS
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2.1 This document was created using a template from SEQ Legal.
3. Copyright notice
3.1 Copyright (c) Nicolas Ashton trading as Springsandthings.me.uk.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. Registration and accounts
6.1 To be eligible for an account on our website under this Section 6, you must be resident or situated in the United Kingdom.
6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.3 You must not allow any other person to use your account to access the website.
6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
7. User login details
7.1 If you register for an account with our website, we will provide you with OR you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our website using your account control panel on the website or by contacting us at firstname.lastname@example.org.
9. Your content: licence
9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this website and any successor website.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10. Your content: rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
11. Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
12. Limitations and exclusions of liability
12.1 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.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; 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, except to the extent expressly provided otherwise in these terms and conditions.
12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 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.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 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. Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our website.
14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 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.
16.1 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.
16.2 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.
17. Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. Entire agreement
18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
19. Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with English law.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
20. Statutory and regulatory disclosures
20.1 We are not VAT Registered
21. Our details
21.1 This website is owned and operated by Nicolas Ashton trading as Springsandthings.me.uk.
21.2 Our principal place of business is at Hightrees, 6, Pen Y Bryn Road, Colwyn bay, Conwy LL296AF.
21.4 You can contact us:
(a) by post, to the postal address given above;
(b) by telephone, on the contact number published on our website from time to time; or
(c) by email, using email@example.com.