CONTEMPORARY PAVING ONLINE

TERMS AND CONDITIONS

Your attention is drawn to these terms and conditions (Terms). A Contract between Us and You is subject to these Terms. Please read these Terms carefully before You submit an Order to Us. These Terms explain who We are, how We will provide the Goods, how You or We may end the Contract, and other important information.

Nothing in these Terms will affect Your statutory rights as a consumer.

1. Definitions

In these Terms when We use the following words they have the following meanings:

Contract means the contract between You and Us for the supply of Goods as set out in clause 3.1.

Delivery Charge is as set out in clause 7.1 and clause 7.2.

Goods means any goods supplied by Us to You under the Contract and as set out in Your Order.

Order means an order made by You for the supply of Goods by Us which will be subject to these Terms.

Person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

Price means the price of the Goods which includes VAT but excludes the Delivery Charge. The Price may be increased as set out in these Terms (see clauses 4.1, 5.1, 7.8 and 7.9).

Property means Your address or any other address You give in the Order at which the Goods are to be delivered.

We / Us / Our means R F Landscape Products (2020) Limited trading as Contemporary Paving Online, a limited company registered in England and Wales with company registration number 12784930. Our registered office is at The Depot, A19 Doncaster Road, Whitley, DN14 0JW. Our email address Is sales@contemporarypavingonline.co.uk and our contact telephone number is 01977 782240. Our VAT number is 367219283.

Writing means letter (however delivered) or email.

You / Your means the Person who places an Order with Us and enters into a Contract with Us.

2. Before entering into the Contract

2.1 We recommend that before entering into a Contract with Us, You ensure that you establish the correct quantity or weights of Goods that You require to ensure that You have enough for Your required work or project or that You do not Order too much.

2.2 You are wholly responsible for ensuring that the required weight or quantity of Goods is correct. We will rely upon Your Order as being accurate and will not accept the return of the Goods if the quantity or weight of Goods You Order are inaccurate.

2.3 You should note that unless the provisions of clauses 9.1 to 9.7 apply, once You have placed Your Order and We have accepted it (such that a Contract is created) You cannot cancel the Order by reason of You having Ordered the wrong amount of Goods.

3. Our Contract with You

3.1 A Contract will be created and entered into between You and Us once You have submitted Your Order and We have accepted the Order in writing.

3.2 If We are unable to accept Your Order We shall notify You in Writing as soon as reasonably possible.

4. Making changes to the Contract

4.1 After the Contract has been entered into, You may ask Us to make changes to the Goods You have Ordered. If You wish to do this, You should contact Us as soon as possible. We cannot guarantee that We can accept the requested changes, but if We are able to accept them, We will let You know about any changes to the Price or the timing of the delivery of the Goods and ask You to confirm whether or not You want to go ahead with the change. If We cannot make the change or the consequences of doing so are not acceptable to You, You may consider ending the Contract in which case please see clause 9.5 which will apply but We will be entitled to compensation as explained in that clause.

4.2 We will not make any changes to the Goods after the Contract has been entered into unless this is necessary because of a change in design or materials by Our manufacturers or suppliers. If this happens We will let you know. If the changes are minor, an update on design or improve the Goods You cannot end the Contract because of these changes, but if the changes are material You can terminate the Contract in which case please see clause 9.4.

5. If We require further information from You

5.1 If We need further information from You to enable Us to fulfil the Contract, We will contact You to ask for this information. If You do not provide Us with this information within a reasonable time of Us asking for it, or You provide Us with incomplete or incorrect information, We may either end the Contract (see clause 10.1) or make an additional charge of a reasonable sum to compensate Us for any extra work that is required as a result.

5.2 We will not be responsible for providing the Goods late, or not providing any part of them, if this is caused by You not giving Us the information We need within a reasonable time of Us asking for it.

6. The Goods and Features and Use of the Goods

6.1 Any images of the Goods on Our website or in any literature We provide are for illustrative purposes only. In particular, although We have made every effort to display the colours accurately, We cannot guarantee that the colours accurately reflects the colour of the Goods and as such the Goods may vary slightly from those images.

6.2 You acknowledge that the Goods are natural products or created from natural products and as such will likely vary in terms of both colour and / or texture both in any batch or between batches supplied to You.

6.3 It is solely Your responsibility to ensure that any planning permission necessary for the use or fixing of the Goods is obtained.

7. Delivery of Goods

7.1 The cost of delivery of the Goods is included in the Price unless a surcharge per pallet delivered applies which will depend upon where the Property is in the United Kingdom where the Goods are to be delivered to. You will be informed if a Delivery Charge is to apply before You place an Order.

7.2 If a Delivery Charge applies, this will be calculated by Us prior to You completing Your Order. The Delivery Charge is based upon the quantity and weight of the Goods You are to order as well as the distance of Your Property from Our premises. The Delivery Charge will be added to the Price at the time You place Your Order.

7.3 We will deliver the Goods as soon as We can do so. We will contact You within 30 days of the date the Contract is entered into to agree a date for delivery with You.

7.4 You have legal rights if We deliver any Goods late. If we miss the delivery deadline for any Goods then You may treat the Contract as at an end straight away if any of the following apply:

(a) we have refused to deliver the Goods;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

7.5 If You do not wish to treat the Contract as at an end straight away as a result of late delivery, or do not have the right to do so under Clause 7.4, You can give Us a new deadline for delivery, which must be reasonable, and You can treat the Contract as at an end if We do not meet the new deadline.

7.6 Goods will be Your responsibility from the time We deliver the Goods to the Property.

7.7 You own the Goods once We have received payment in full.

7.8 If the delivery of the Goods is affected by an event outside Our control then We will contact You as soon as possible to let You know and We will take steps to minimise the effect of the delay. In particular, You note and accept that the Goods may be manufactured or supplied from overseas and We cannot be responsible for the vagaries of the availability of raw materials or transport issues. Provided We do this we will not be liable for delays caused by the event but if there is a risk of substantial delay You may contact Us to end the contract in which case please see clause 9.4.

7.9 If You are not available at the Property to accept delivery of the Goods on the date agreed with You, We may charge You additional costs incurred by Us as a result. If, despite Our reasonable efforts, We are unable to contact You to re-arrange delivery We may end the Contract and clause 10.1 will apply.

7.10 Goods may be delivered either to the kerbside or onto your Property at our sole discretion. You are responsible for ensuring that adequate access is available to the Property to enable Us to deliver the Goods and for providing a safe means of access from the public highway to the Property. We may charge You additional costs incurred by Us should adequate and safe access not be possible, and if this should mean that We are unable to deliver the Goods fully or at all, despite Our reasonable efforts, We may end the Contract and clause 10.1 will apply.

7.11 You should ensure that all possible obstructions within the immediate vicinity of where the Goods are to be delivered to are removed. We do not accept any responsibility for any damage caused to any personal possessions and effects which have not been removed in accordance with this clause unless such damage shall be caused as a result of Our negligence.

7.12 We may suspend the provision of the Goods if You do not pay the Price or the Delivery Charge. If You do not pay us for the Goods or the Delivery Charge when You are supposed to (see clauses 7.2 and 8.2) and You still do not make payment within 7 days of Us reminding You that payment is due, We may suspend supply of the Goods until You have paid Us the outstanding amounts. We will contact You to tell You this. We can also charge You interest on Your overdue payments (see clause 8.5)

7.13 We may subcontract the provision of the delivery of the Goods to a third party contractor but We will be responsible for this third party’s actions and work undertaken.

7.14 Delivery of the Goods may be made piecemeal and by instalments.

8. Price and payment

8.1 You agree to pay to Us the Price and the Delivery Charge set out in the Order and the Contract. We accept payment by Visa and Mastercard.

8.2 You agree to pay Us the Price and the Delivery Charge when and at the time that You place the Order with Us.

8.3 Once the Contract has been entered into, We will send to You an invoice which will confirm the Price and the Delivery Charge.

8.4 If there is an increase in the Price under clauses 4.1, 5.1, 7.8 and 7.9 or return collection under clauses 9.5 and 9.6 We shall invoice You for the same. Payment of these invoices is due within seven days.

8.5 If You do not make any payment to Us by the due date We may charge interest to You on the overdue amount at the rate of 4% a year above the base lending rate of HSBC bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.

8.6 If You think an invoice is wrong please contact Us promptly to let Us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved We will charge You interest on correctly invoiced sums from the original due date.

9. Your rights to end the Contract

9.1 Unless You and We entered into the Contract whilst You were at our premises, You have a 14 day period in which to cancel the Order. The cancellation period will expire after 14 days from the day:

(a) on which You acquire physical possession of the Goods (being the date that the Goods are delivered to the Property), or

(b) on which You acquire physical possession of the last of the Goods where We deliver in instalments (being the date that the last of the Goods are delivered to the Property).

9.2 If You decide to cancel the Contract during the cancellation period (as set out in paragraph 9.1) then You must inform Us of Your decision to do so by:

(a) emailing us at sales@contemporarypavingonline.co.uk

(b) telephone on 01977 782240

(d) completing and sending to Us the model cancellation form which can be printed from Our website www.contemporarypavingonline.co.uk .

Whichever option You chose, You should always include Your name and Your address.

9.3 If You cancel the Contract under the provisions of clauses 9.1 and 9.2, We will refund to You the Price You have paid within fourteen days. We will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from You the Goods supplied. 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.

9.4 We may make a deduction from the reimbursement under clause 9.3 for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by You or any damage caused to the Goods whilst in Your possession. You are liable for any damage caused by You or the diminished value of the Goods resulting from the handling other than which is necessary to establish the nature, characteristics and functioning of the Goods.

9.5 If You elect to cancel under clauses 9.1 and 9.2, please note that You are responsible for the cost of returning the Goods to Us. We will contact You to make appropriate arrangements to collect the Goods. The cost of collection will be the same as that charged initially as the Delivery Charge. If a Delivery Charge was not applied when We delivered the Goods, the cost of collection will be calculated on the same basis We use to calculate a Delivery Charge as set out in clause 7.2. We will charge You for the cost of collection and reserve the right if not paid to deduct the cost of return delivery from the money You have paid to Us before We reimburse You. If You cancel before the Goods are dispatched for delivery, subject to clause 9.4, You will receive all Your money that You have paid for the Goods and the Delivery Charge (if applicable) back.

9.6 If You are not available at the Property to allow and enable Us to collect the Goods on the date agreed with You, We may charge You additional costs incurred by Us as a result.

9.7 If paragraphs 9.1 and 9.2 do not apply, You can cancel the Contract if either of the following apply at any time:

(a) there is a risk that supply of the Goods may be significantly delayed because of events outside Our control (see clause 7.7); or

(b) We have notified You of a material change which You do not accept (see clause 4.2); or

(c) You have a legal right to end the Contract because of something We have done wrong (including because we have delivered late (see clauses7.3 and 7.4).

9.8 If We are not at fault and you do not have a right to change your mind (see clause 9.1), You can still end the Contract before it is completed, but You may have to pay Us compensation. If you want to end the Contract before it is completed where We are not at fault the Contract will end immediately and we will be entitled to charge You reasonable compensation for the net costs and losses We will incur as a result of Your ending the contract. This will mean that We may retain the money You have paid but if our net costs and losses exceed the amount You have paid We will be entitled to claim the difference from You.

10. Our rights to end the Contract

10.1 We may end the Contract if:

(a) You do not make any payment to Us when it is due and You still do not make payment within 7 days of Us reminding You that payment is due;

(b) You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary (see clause 4); or

10.2 If We end the Contract in the situations set out in Clause 10.1 We are entitled to reasonable compensation from You for the net costs and losses We will incur as a result of Your breaking the contract. This will mean that We may retain the money You have paid but if our net costs and losses exceed the amount You have paid We will be entitled to claim the difference from You.

11. Our legal obligations

11.1 We are under a legal duty to supply Goods that are in conformity with the Contract. We will ensure that the Goods supplied to You are as described, fit for purpose and of satisfactory quality.

11.2 Nothing in these Terms affects Your legal rights.

11.3 If You have a problem with the Goods, We ask that You contact Us in the first instance and We will endeavour to work with You to resolve any problems.

12. Our responsibility for loss or damage suffered by You

12.1 If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking the Contract but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and You knew it might happen, for example, if You discussed it with Us during the sales process.

12.2 We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of Your legal rights including the right to receive Goods which are as described, of satisfactory quality, supplied with reasonable skill and care and, where installed by us, correctly installed, and for defective products under the Consumer Protection Act 1987.

12.3 We only supply the Goods and Services for domestic and private use. If You use the Goods for any commercial, business or re-sale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. Personal Information

We will use Your personal data purely on the basis and for the purpose of fulfilling the Contract with You. We will retain Your personal data for a period of up to six years and thereafter it will be destroyed.

14. Other important terms

14.1 We may transfer Our rights and obligations under the Contract to another organisation. We will always tell You in Writing if this happens and We will ensure that the transfer will not affect Your rights under the Contract.

14.2 The Contract is between You and Us. No other person shall have any rights to enforce any of its Terms.

14.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.4 If We do not insist immediately that You do anything You are required to do under these Terms, or if We delay in taking steps against You in respect of Your breaking the Contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.

14.5 These Terms are governed by English law and You or We can bring legal proceedings in respect of the Contract in the English courts. If You live in Scotland You can bring legal proceedings in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in either the Northern Irish or the English courts.

Terms & Conditions