Terms and Conditions of Sale
On this page about the terms and conditions (“the Terms”) on which the Company supplies any of the goods (“Goods”) listed on the Website to you. Ahead of ordering goods from this website, please read these Terms carefully and make sure you understand them. We also advise you to print a copy of these Terms for future reference.
Please press the button marked “I Accept” on the checkout page if you wish to accept them. If you do refuse to accept the terms and conditions listed below you cannot order any Goods from the Website.
You can click here to view our Privacy Policy which dictates how we use the information gathered from this website.
Should you be placing an order in the course of a business you will not be entitled to the terms indicated for consumers only.
Contents
Our team take every care in order to ensure that all of the images of the products shown on the Website are representative, we cannot guarantee that the appearance and/or colours of the Goods shown on our site will exactly replicate the physical goods.
All sizes and measurements of our goods are approximate and we do everything in our power to ensure that they are as accurate as possible. With regard to all weights and bag sizes quoted, actual delivered weights may vary by plus or minus 5%.
Definitions
“The Company” – Shall mean Easy Concrete Services Ltd, Silverdale Road, Hayes, UB3 3BN and should include agents or sub-contractors by it and its successors.
“The Customer” – Shall mean any person, Company or other legal entity who enters into a Contract with the Company of the supply products, material or services.
“The Products” – Shall mean the products, materials, goods and services supplied by the Company to the Customer.
“The Site” – Means the location for the delivery of the Products specified by the Customer at the time it requests an estimate/quotation from the company.
“These Terms” – Shall mean all of the terms, conditions and warranties set out herein.
“The Estimate” – Shall mean the Company’s written estimate or quotation of the Products.
1. Introduction
1.1. The Company is a company registered in England and Wales with company number 09702762 whose registered office is Silverdale Road, Hayes, UB3 3BN.
2. Access and your status
2.1. The Website is intended to be used by people residing in mainland Great Britain, i.e. England, Scotland and Wales. The Company does not accept orders from individuals outside Great Britain.
2.2. By placing an order through the Website, you agree to the following:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You reside in Great Britain; and
(d) You are visiting the Website site from Great Britain;
3. How a contract is formed between you and the Company
3.1. Having first placed an order on our site, you will then receive an e-mail from the Company acknowledging its received your order. Please note that this doesn’t ensure that your order has been accepted by our office team. Your order constitutes an offer to the Company to buy our Goods subject to these terms and conditions. Every order is subject to acceptance by the Company, and the Company will confirm such acceptance to you by sending you an e-mail confirming the Goods have been dispatched (“the Dispatch Confirmation”). Each contract between the Company and you (“Contract”) will only be formed when the Company sends you the Dispatch Confirmation.
3.2 In accordance with paragraph 5 (a), when you place an order, you’ll be requested to provide details of any restrictions of access that may affect delivery such as weight, width, height or unloading hours restrictions. Please adhere to this when giving delivery instructions. The Company will subsequently assess these restrictions and if it will be impossible to deliver the goods they will notify you as opposed to sending a Dispatch Confirmation.
3.3. The Contract will relate to Goods that have had their dispatch confirmed by the Company has confirmed in the Dispatch Confirmation. The Company is not obliged to supply other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
4. Your Right to Cancel
4.1. If you are contracting as a consumer, you will be able to cancel a Contract at any point up to seven working days, from the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods.
4.2. To cancel a Contract, you must inform the Company in writing. You must also return the Goods to the Company as soon as reasonably practicable, in the same condition in which you received them, and at your own cost and risk. We can arrange for collection and you will be advised of the costs in advance. You will not be able to return Goods if you have started to use them. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, the Company may have a right of action against you for compensation.
4.3. This provision does not affect your statutory rights as a consumer.
5. Availability and delivery
5. 1 The Company will endeavour to fulfil your order by the delivery date that is set out in the Dispatch Confirmation email. If no delivery date is specified, bagged products are delivered within 24-36 hrs and delivery of loose materials is 36 hrs from the time the Dispatch Confirmation is sent. Delivery dates are not guaranteed due to distance that may have to be travelled and high demand on some of the materials. The time of the delivery is not of the essence.
5.2
a) Unless it is otherwise agreed in writing by the Company prior to delivery, you will take delivery of your order at the closest convenient unloading point to your premises or the appropriate site.
(b) It will be your responsibility for notifying the Company of any restriction to your site such as weight, width, height or unloading hours when you make the order. The Company will not be responsible for any delay in delivery should you fail to supply adequate delivery instructions. Please refer to the details and dimensions laid out Delivery Guide when providing delivery instructions. Please note, should you not provide accurate delivery instructions and a delivery attempt fails due to lack of access then you’ll be held responsible for the cost of transport including delivery and return charges.
c) Unloading will be at your own risk. We will require you to give proper assistance to the driver of the delivery lorry whilst unloading the goods.
5.3 If you fail to take delivery of the Goods on the date of delivery:
a) For bagged products, the operator will charge you for returning the product for which you have an obligation to pay for. Returns charges will be subject to your location and will be confirmed by a member of our sales team. It is possible to make arrangements for re-delivery can be made at a further charge from the carrier on site and will be subsequently dealt with by a member of our office sales team.
b) For products delivered loose in bulk tipper or grab trucks it is not possible to make a re-delivery. It’s imperative you’re able to take delivery on the delivery date previously agreed. Due to the nature of the material, it cannot be stored by the Company for any length on time. Should our delivery fail it will result in the material being returned to source. It will cost you the same rate as the initial delivery charge, meaning the overall cost will be double the original quote.
5.4 For products delivered loose in bulk tipper trucks, reasonable efforts will always be made to contact you in order to prevent failed delivery and the return of the product. You will incur delivery delay charges if for any reason (other than the default of the Company or its servants or agents) the delivery lorry is on site for longer than 30 minutes. Charges are £75 per hour are then made thereafter.
5.5 The delivery of the Goods may be carried out by a third party delivery company. Therefore, the Company can accept no responsibility or liability for damages to property caused during delivery. Should damage occur, all claims should be addressed to the delivering company.
5.6 If you request that the delivery vehicle leaves the public highway to make the delivery, it is your responsibility to make sure that the area is suitable for a heavy goods vehicle (see Delivery Guide). We will not be held responsible or liable, to the extent permitted by law, for any damages to property during delivery arising because of unsuitable access.
6.Risk and title
6.1. Once delivered, the goods will be solely your responsibility.
6.2. Ownership of the Goods will only pass to you when the Company receives full payment of all sums due in respect of the Goods, including delivery charges.
7.Price and payment
7.1. The price of any Goods will be as quoted on this website, except in cases of obvious error.
7.2. VAT and delivery charges will then be added to the cost of the material throughout the checkout stage of processing your order.
7.3. It is possible that prices may fluctuate, but any changes will not affect orders in respect of when the Company has already sent you a Dispatch Confirmation.
7.4. As the website has a large number of Goods and its always that, despite our best efforts, some of the Goods listed on the Website may be incorrectly priced. The Company reserves the right to correct any errors that is made by employees at any time. The Company will normally, at its discretion, either contact you for instructions before dispatching the Goods, or reject your order and then notify you of any rejection.
7.5. The Company has no obligation to deliver the Goods to you at the incorrect (lower) price, even after sending you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing at the point of purchase.
7.6. Payment for all Goods must be made by credit or debit card. The Company accepts payment with: Master Card, Maestro, Solo, Visa, Visa Electron, Visa Delta, Paypal. The Company will take payment from you at the time we issue the Dispatch Confirmation.
8. Cancellation and Returns
8.1 If you are contracting as a consumer and decide you wish to cancel your order before dispatch has been made please e-mail your details and order reference number to info@ashvilleaggregates.com. This will prevent unnecessary delivery costs being incurred.
8.2. If you return Goods to the Company:
(a) Because you are acting as a consumer and cancelled the Contract agreed upon with the Company within the seven-day cooling-off period as set out in paragraph 4.1 above, the Company will then begin the refund process as soon as possible. In this case, the Company will refund the price of the Goods in full subject to the following clauses:
(i) You will be responsible for haulage costs for delivering the product to you; and
(ii) You will be responsible for the cost of returning the Goods ordered to the Company.
(b) For any other reason, the Company will examine the returned Goods and will then contact you regarding your refund via e-mail within a reasonable period of time. Our staff will process the refund due to you as soon as possible and, in any case, within 30 days of the day the Company confirmed to you via e-mail that you were entitled to a refund. Should the goods delivered contain a defect you will be refunded in full, including a refund of the delivery charges for sending the item to you and any reasonable costs that were incurred by you in the process of returning the item to the Company.
9. Warranty
9.1. As a consumer, in addition to your right to cancel, the Company warrants to you that any Goods purchased from the Company through the website will, on delivery conform with its description, be of satisfactory quality, and be reasonably fit for all the reason the products of that kind are commonly supplied.