Terms and Conditions of Use (updated as of 1st August 2009)
In these conditions of use the following definitions apply:
The Company means Bury Hill Top Soil and Logs, a trading name of Bury Hill Fisheries Limited, an old, well established company with more than 50 years of successful trading.
Contact Address: Bury Hill Topsoil and Logs, The Boat House, Old Bury Hill, Westcott, Dorking, Surrey RH4 3JU.
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 employed by the company directly or indirectly.
1.Terms and Conditions
1.1 These terms and conditions apply to all transactions entered into through this site. Please read them carefully. Your use of this site indicates your agreement to be bound by these terms and conditions. They 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 on this site (see date above).
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. Shortly after we receive your order, we will send you an e-mail confirming the products 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 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 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, 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 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 losses, which you might otherwise have incurred.
3.6 We accept payment by Mastercard, Visa, Delta, Maestro, Switch, Solo and Visa Electron. Payment is deducted when we process your order. We also accept payment by personal cheques drawn on a UK bank account. 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 We deliver on 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. Four working days should be allowed for delivery but we will normally deliver within three working days.
6.2 We make every effort to deliver goods within the estimated timescales; however, delays are occasionally inevitable due to unforeseen factors beyond our control and therefore delivery times are not guaranteed. Estimated delivery dates are not part of the contract between you and us, and we shall be under no liability for any delay or failure to deliver the products within estimated timescales.
6.3 Risk of loss of and damage to products passes to you on the date of 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 by our own or sub contracted vehicles. Within our free delivery area (zone 1) we deliver using a vehicle with an onboard crane for offloading to the side of the vehicle. In all other areas (zone 2) delivery is made by lorries fitted with truck mounted forklift which allows us to deliver tonne bags and products on pallets. The forklifts require 8ft 6in wide clearance. Loose deliveries are made using either a 6 wheel or 8 wheel tipping lorry.
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.
7.3 Occasionally different products contained in the same order may be delivered separately.
8. Missing, Damaged or Incorrect Orders
In the unlikely event that a product arrives other than as specified the delivery driver must be informed immediately, then follow the instructions in the delivery documents.
9.1 You can cancel your order with a minimum of 48 hours notice (Monday to Friday) prior to delivery for turf orders and 24 hours notice (Monday to Friday) for other products by:
Using the contact us form or by telephoning us on 01306 877540 - please have your order reference number and delivery details to hand.
9.2 You will not be able to cancel your order if:
the goods were a special order to your specification.
10. Return of Goods
10.1 If you are not satisfied upon delivery you must return your order whilst our driver is still at the delivery point. If you do return your order then you may still have to pay the delivery charge
11. Liability and Indemnity
11.1 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.
11.2 Subject to Section (11.1) 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.
11.3 Subject to Section (11.1) 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 (10), any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under any applicable law.
11.4 Subject to Section (11.1) 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 on 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.
11.5 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.
11.6 This clause does affect your contract cancellation rights.
11.7 Notwithstanding the above, and subject to Section (11.1) 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.
12. This Site
12.1 We and our suppliers own the copyright, trademarks and all other intellectual property rights in all material and content on this site, which you shall not use, download, copy, publish, transmit nor otherwise make available by any other unless expressly authorised. Any other use or reproduction of the material or content is strictly prohibited
12.2 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.
12.3 You are permitted to print the pages of this site for your use as a reminder of the terms and conditions, and your order.
13.1 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.
13.3 We accept no responsibility or liability for the content or operation of websites, which are not under our control.
13.4 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.
13.5 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.
13.6 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.
13.7 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 (13.5) 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 (13.5) 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).
13.8 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 Bury Hill Topsoil and Logs.
13.9 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.