By using our website, placing an order for goods and/or
registering as a member of our websites you confirm your agreement to our terms
and conditions as set out below, and in the separate Privacy Policy:
These terms and conditions do not affect your statutory
rights as a consumer. The consumers’ statutory rights are not excluded or
limited in any way in accordance with the Sale of Goods Act 1979 (as amended).
If you do not agree to be legally bound to the terms below
or if you have any questions regarding our terms of use please contact our team
who will be pleased to assist with your query.
These terms and
conditions may be changed at any time and will be posted online. Certain
provisions of these terms and conditions may be superseded by expressly
designated legal notices or terms located on particular pages of this Website
i.e. certain product warranties.
For reference www.pavingking.co.uk is owned by Gravelmaster
Ltd and the term 'We' referees to Gravelmaster Ltd.
Correspondence address
www.gravelmaster.co.uk
Unit 10 Hayfield Business Park
FieldLane
Auckley
Doncaster
DN9 3FL
Telephone: 0800 907 8590
Facsimile: 01302 773621
e-mail: sales@gravelmaster.co.uk
2.0: ORDERING / AMENDMENTS
You are deemed to have placed an order with us by ordering
via our online checkout process or via telephone ordering system. As part of
our checkout process you will be given the opportunity to check your order and
to correct any errors prior to confirming the order. If you have placed any
orders via our telephone ordering system it is presumed that you have
familiarised yourself with our delivery restrictions and our returns policy.
Once completed, we will send you an order acknowledgement detailing the
products you have ordered and the pricing to the e-mail address provided during
the ordering process. The order is only accepted by www.pavingking.co.uk upon
dispatch of the ordered goods and confirmed via a dispatch confirmation e-mail
even if your payment has been processed immediately. We will notify you by
phone or e-mail if we cannot accept your order or if you cancel the order prior
to dispatch.
2.1: We may refuse to accept an order:
a) Where goods
are not available
b) Where we
cannot obtain authorization for your payment
c) If there has
been a pricing or description error
d) If you do
not meet any eligibility criteria set out in our terms and conditions
2.2: Order amendments
Any order amendments must be made before goods are
dispatched, dispatch may be up to three working days prior to delivery. A
unique amendment reference will be returned with your amendment confirmation
email; this will be needed in any further correspondence or dispute. We are
unable to amend orders after dispatch.
3.0: PRICING
3.1: Should an incorrect price be displayed,
www.pavingking.co.uk reserves the right to refuse orders as set out in
‘Ordering’ (above).
3.2: All prices quoted by the Company are only valid at the
time of contract and are exclusive of any other matters unless otherwise agreed
and may be changed at any time.
3.3: The Company reserves the right to revise the quoted
price in the event of unforeseen and extraordinary expenses for the Company
appertaining the goods.
3.4: VAT All prices stated include VAT at the applicable
rate. For orders made outside of the UK all orders will be charged including
the applicable UK rate of VAT. Any UK VAT paid can then be claimed back through
your home country
3.5: Pro-Forma Invoices are valid for 30 days from the date
stated on the invoice. And if cost prices change, that invoice may become void
4.0: DELIVERY
4:1: Paving King will make every effort to deliver products
on the agreed date, but if for any reason the company is unable to deliver then
no liability whether in damages or otherwise for delay of whole or any part of
the goods ordered arising from any cause whatsoever. The date chosen is a
desired delivery date not a guaranteed one orders cannot be cancelled because
of any failed deliveries.
4.2: Delivery is
deemed to be successful once the products have arrived at the address provided
for delivery.
4.3: A signature is required for the delivery of all goods
unless prior arrangements have been specified.
4.4: If a signature is required you should check the number
and condition of cartons whilst inspecting the contents of the goods before
signing. Should there be any shortages or damages, these must be notified to
www.pavingking.co.uk by e-mail:- sales@pavingking.co.uk within 48 Hours of
delivery.
4.5: If the customer has requested the goods to be left at
the recipients address without a signature, goods are left unsupervised www.pavingking.co.uk
will not accept liability for the goods. Without a signature the delivery will
only be made if the delivery driver considers the delivery point safe, the
goods are not obstruction the highway or access to any other property.
4.6: Once delivered the responsibility for the product is
deemed to be the cardholder’s and any loss or damage to the product is then at
your own risk. This is particularly notable when deliveries are made to
public/work places such as hospitals, hotels etc. where the signature of any
authorized body is deemed to be proof of delivery
4.7: The Free delivery (on many products) offer is available
to the vast majority of the UK (exceptions may apply for delivery to the
Scottish Highlands, UK islands and Northern Ireland) however if a delivery will
attract an additional shipping fee then we will contact you first in order to
confirm that you still wish to continue the order. Any additional fees due will
be charged at cost.
4.8: The Company will not accept any liability for late
delivery of the goods and delivery time will not be of the essence of the
contract.
4.9: The Company will not accept liability for non-delivery,
where this is caused by circumstances beyond its control.
4.10: In the case of a delivery being refused or aborted at
the delivery address, we reserve the right to charge for a second delivery as
our FREE DELIVERY obligation only stands for the first delivery attempt.
4.11: Turf, gravels, slates and Scottish cobbles deliveries
by the company shall be conditional upon access free from encumbrances and good
roads being available to the delivery vehicles to the place of delivery. The
company will not accept any liability for damages to property caused during
delivery. If the company, or its agent cannot gain access to the delivery
address then additional costs may be incurred. Deliveries are made using large
vehicles and it is the customer’s responsibility to inform the company if there
may be an access problem. The company will confirm the outcome by e-mail. In
such cases that delivery, in the opinion of the company is not possible, then
the company reserves the right to cancel the order. This above action must be
completed before 2.00 pm on the day prior to delivery. E-mail confirmation of
orders also request the customer to contact the company if a delivery problem
may occur. Delivery vehicles use tail lift offloading, and it must be
emphasized that the delivery vehicle must be able to park in an area where the
delivery is to be made. A pallet truck is then used to manoeuvre the products
off the tail lift to the kerbside delivery point. The customer, or somebody
appointed by the customer, should be at the delivery point to accept the
delivery.
4.12: Deliveries requested AM are to be delivered before
12:30 and PM deliveries after 12:00. Failure to meet these times will result in
a refund for the extra cost paid for AM or PM. The actual time of delivery must
be written on the delivery note and signed for. If drop requested without
signature no refund can be applied.
4.13: If the delivery is unable to be completed or refused
by the customer, the customer will be responsible for the delivery cost and any
cost incurred by Gravelmaster to have the goods returned.
4.14: For further Delivery instructions please don’t
hesitate to call 0800 907 85 90
5. CANCELLATION/RETURNS POLICY
5.1. The customer has the right to cancel their order,
however if it has already been dispatched or if you are wanting to return this
due to access conditions being unsuitable for pallet deliveries then there will
be a £50 per pallet charge + any zonal charges that falls on the customer. If
you do want to cancel then the customer will only receive the cost of the
product back. The product can be returned at the customers own cost within 14
days and we will happily supply a label for this. If the product is cancelled before
being dispatched then there will be a £25 charge to cover the admin fee as well
as the cost of refunding money back onto a card. If a delivery cannot be made
on the day requested due to access issues or unforseen circumstances we will
attempt a re-delivery at your request on a specific day for a charge of £15.00
per pallet. If you have any queries then please do give us a call on 01302
773620.
5.2. Cancellations are not accepted by telephone and must be
by one of the following methods:
a. E Mail to sales@pavingking.co.uk
b. Fax to 01302 773621
c. Letter (to our Correspondence address above). Letters
will be deemed to have been received two working days following the postmark
date.
5.3. The cardholder is liable to all return shipping costs
under this right, please contact us for advice if you wish to exercise this
right.
5.4. Perishable goods are Turf. All other goods are
non-perishable
5.5. Perishable goods are excluded from cancellation under
The Consumer Protection (distance selling) regulations 2000 as amended by
S1689, 2005.
5.6. Any item that arrives damaged will be collected and
replaced within a reasonable period of time (we strive for next day delivery
and replacement for many items). All damages / defects must be reported within
5 days from the date of delivery
All returned / exchanged products (including the boxes) must
be in their ORIGINAL CONDITION and they must be in their ORIGINAL PACKAGING.
N.B. - DO NOT TAPE UP, OR WRITE ON BOXES. They must also be suitably packaged.
Customers are advised to obtain and complete a 'certificate of postage' form
stamped by the Royal Mail before returning item. Responsibility of the goods
remains that of the customer until safely received by www.gravelmaster.co.uk
accepts no liability for goods lost in transit back to our warehouse.
6.0: LICENCE
You are permitted to print and download extracts from this
Website for your own use on the following basis:
a) No documents or
related graphics on this Website are modified in any way;
b) No graphics on
this Website are used separately from accompanying text.
6.1: Unless otherwise stated, the copyright and other
intellectual property rights in all material on this Website (including without
limitation photographs and graphical images) are owned by us or our licensors.
For the purposes of these terms and conditions, any use of extracts from this
Website other than in accordance with that stated above for any purpose is
prohibited. If you breach any of the terms in these terms and conditions, your
permission to use this Website automatically terminates and you must
immediately destroy any downloaded or printed extracts from this Website. No
part of this Website may be reproduced or stored in any other website or
included in any public or private electronic retrieval system or service
without our prior written permission.
Any rights not expressly granted in these terms are
reserved.
7: SERVICE ACCESS
While we endeavour to ensure that this Website is normally
available 24 hours a day, we will not be liable if for any reason this Website
is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice
in the case of system failure, maintenance or repair or for reasons beyond our
control.
8: DISCLAIMER
While we endeavour to ensure that the information on this
Website is correct, we do not warrant the accuracy and completeness of the
material on this Website. We may make
changes to the material on this Website, or to the products and prices
described in it, at any time without notice. The material on this Website may
be out of date, and we make no commitment to update such material. The material on this Website is provided “as
is” without any conditions, warranties or other terms of any kind. Accordingly,
to the maximum extent permitted by law, we provide you with this Website on the
basis that we exclude all representations, warranties, conditions and other
terms (including, without limitation, the conditions implied by law of
satisfactory quality, fitness for purpose and the use of reasonable care and
skill) which but for these terms and conditions might have effect in relation
to this Website.
With regards to the use of products obtained via our site
www.pavingking.co.uk all products should be used and operated as specified in
the accompanying instructions and advice. Always ensure users of machinery are
competent and using the appropriate safety / protective clothing i.e. knapsack
sprayers should be used with the appropriate breathing mask, gloves, boots and
include eye protection etc.
Any child’s toys should always be used under the supervision
of an adult.
9.0: LIABILITY
We, any other party (whether or not involved in creating,
producing, maintaining or delivering this Website), and any of our group companies
and the officers, directors, employees,
shareholders or agents of any of them, exclude all liability and
responsibility for any amount or kind of loss or damage that may result to you
or a third party (including without limitation, any direct, indirect, punitive
or consequential loss or damages, or any loss of income, profits, goodwill,
data, contracts, use of money, or loss or damages arising from or connected in
any way to business interruption, and whether in tort (including without
limitation negligence), contract or otherwise) in connection with this Website
in any way or in connection with the
use, inability to use or the results of use of this Website, any websites
linked to this Website or the material on such websites, including but not
limited to loss or damage due to viruses that may infect your computer
equipment, software, data or other property on account of your access to, use
of, or browsing this Website or your downloading of any material from this
Website or any websites linked to this Website.
9.1: Nothing in these terms and conditions shall exclude or
limit our liability for
(i) Death or personal injury caused by negligence (as such
term is defined by the Unfair Contract Terms Act 1977)
(ii) Fraud
(iii) Misrepresentation as to a fundamental matter
(iv) Any liability which cannot be excluded or limited under
applicable law.
9.2: If your use of material on this Website results in the
need for servicing, repair or correction of equipment, software or data, you
assume all costs thereof. You agree to indemnify us fully, defend and hold us,
and our officers, directors, employees and agents, harmless from and against
all claims, liability, damages, losses, costs (including reasonable legal fees)
arising out of any breach of the terms and conditions by you, or your use of
this Website, or the use by any other person using your registration details.
10.0: GOVERNING LAW AND JURISDICTION
10.1: These terms and conditions shall be governed by and
construed in accordance with the laws of England and Wales. Disputes arising in
connection with these terms and conditions shall be subject to the exclusive
jurisdiction of the English courts.
10.2: We do not warrant that materials/items for sale on the
Website are appropriate or available for use outside the United Kingdom. It is
prohibited to access the Website from territories where its contents are
illegal or unlawful. If you access this website from locations outside the
United Kingdom, you do so at your own risk and you are responsible for
compliance with local laws.
11: MISCELLANEOUS
You may not assign, sub-license or otherwise transfer any of
your rights under these terms and conditions. If any provision of these terms
and conditions is found by any court of competent jurisdiction to be invalid,
the invalidity of that provision will not affect the validity of the remaining
provisions which shall continue to have full force and effect. Only the parties
to these terms and conditions may seek to enforce them under the Contracts
(Rights of Third Parties) Act 1999.