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TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.lsd.co.uk or www.build.lsd.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. [These terms were last updated on 8/04/10]. You should print a copy of these terms and conditions for future reference. Each time you place an order by clicking on the button marked ["Sage Pay"] or ["Google Checkout"] or ["PayPal"] you accept the terms and conditions published on our website at that time, which you agreed to when registering on the website. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
All photos displayed on this site are copyright (moral rights asserted). They may not be copied or downloaded onto any other computer or medium, except insofar as they are cached by web-browsers during normal use.
1. INFORMATION ABOUT US
www.landscapingsuppliesdirect.co.uk, www.lsd.co.uk and www.build.lsd.co.uk are sites operated by Landscaping Supplies Direct Limited (we/us). We are registered in England and Wales under company number 06332399 and with our registered office at Hardcores House, Rawson Spring Road, Sheffield S6 1PD. Our VAT number is 934640521.
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the UK. We do not accept orders from individuals outside the UK.
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts; and
3.1.2 You are at least 18 years old.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
5.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.1 The quantity and description of the Products ordered shall be set out in our quotation and/or Despatch Confirmation.
6.2 All samples, drawings, descriptive matter, specifications and advertising issued by us and any descriptions and illustrations contained in our literature and website are solely for the purpose of giving an approximate idea of the Products described in them. They shall not form part of the contract between us and this is not a sale by sample.
6.3 All dimensions given are nominal and subject to manufacturing tolerances. The quoted sizes and coverage of our paving ranges, except where using minimal joints, are for the overall areas including appropriate joints.
7. AVAILABILITY AND DELIVERY
7.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. To ensure you prepare adequately with regards Delivery Pricing, Redeliveries, Non-Delivery of Goods /Damaged Goods, Lead Times please read and follow the Delivery Procedure by clicking this link.
7.2 All Products are subject to availability. If you order Products which are not available from stock, we will take reasonable steps to contact you to discuss how you wish to proceed. You will have the option to wait until the Products are available from stock, or cancel your order.
7.3 The Company shall not be held liable for any consequential or indirect loss including loss of profits, damage to property suffered by the Buyer whether this loss arises from a breach of duty in contract, late delivery, and defects or in any other way, including negligence on behalf of the Company. It shall, therefore, be a duty of the buyer to take out and maintain a policy of insurance to cover any such losses.
8. RISK AND TITLE
8.1 The Products will be at your risk from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in the Delivery Procedure.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product′s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product′s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.6 Payment for all Products is due prior to despatch of the Products and must be by credit or debit card. We accept payment with VISA, MATERCARD, MAESTRO, SWITCH, SOLO. Payment must be received in full prior to despatch of the Products.
9.7 Time for payment is of the essence.
9.8 All quotations give are valid for a period of 7 days unless otherwise stated.
10. OUR REFUNDS POLICY
10.1 When you have made a purchase from us, you may cancel your order or part order before delivery commences. You must also contact us by email only, within 7 days of receiving your delivery. The following conditions apply to this statement.
- The goods must be full packs.
- Perishable items can not be returned.
- Customised items can not be returned, this includes products that we have sealed or coloured.
- Split Packs and Order Choice Packs are included in the class 'Customised Items' and cannot be returned.
- The goods must be in saleable condition.
- The original packaging must not be broken. Photographic evidence of this must be sent with your email.
- The refund you will be entitled to will be returned less original delivery charge and collection charge. This will be subject to 30% restocking charge, less any damage.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10.3 Refunds will be actioned within 30 days of the goods being received back at our depot.
11. OUR LIABILITY
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased. We will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
11.3 This does not include or limit in any way our liability:
11.3.1 For death or personal injury caused by our negligence;
11.3.2 Under section 2(3) of the Consumer Protection Act 1987;
11.3.3 For fraud or fraudulent misrepresentation; or
11.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
11.4.1 loss of income or revenue;
11.4.2 loss of business;
11.4.3 loss of profits or contracts;
11.4.4 loss of anticipated savings;
11.4.5 loss of data;
11.4.6 loss of data; or
11.4.7 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories 11.4.1 to 11.4.7 inclusive of this clause 11.4.
11.5 Where you buy any Product from a third party seller through our site, the seller′s individual liability will be set out in the seller′s terms and conditions.
11.6 Variations in colour matching may occur and the seller gives no warrenty that any item of the goods will accurately match any colour catalogues, colour charts and samples of other goods and we accept no liability in respect thereof.
11.7 Efflorecence. We cannot accept any responsibility for the effect of efflorecence which can be characteristic of all good quality products with a high cement content. The phenomenon may be exibited by an apparent loss of colour, intensity of colour and the appearance of a milky white bloom on the face of the product. The effect generally disappears with time and is in no way detrimental to the performance of the product.
11.8 In the unlikely event of products reaching you in less than satisfactory condition, please stop using the product and notify us immediately. Please note we will not accept responsibility for costs incurred.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Landscaping Supplies Direct Limited at Hardcores House, Rawson Spring Road, Sheffield S6 1PD. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 Strikes, lock-outs or other industrial action.
15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.2.5 Impossibility of the use of public or private telecommunications networks.
15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us either by phone, email, website order, verbally or in person unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.