Terms & Conditions
CONTENTS
_______________________________________________________________________________________________________________________________________________________________________________
CLAUSE
- These terms
- Information about us and how to contact us
- Our contract with you
- Our goods
- Your rights to make changes
- Our rights to make changes
- Providing the goods
- Your rights to end the contract
- How to end the contract with us (including if you have changed your mind)
- Our rights to end the contract
- If there is a problem with the goods
- Price and payment
- Our responsibility for loss or damage suffered by you
- How we may use your personal information
- Other important terms
SCHEDULE
Schedule 1 Model Cancellation Form
Our terms
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Massams Supplies Limited a company registered in England and Wales. Our company registration number is 06524233 and our registered office is at Renacres Hall Farm, Renacres Lane, Halsall, Lancashire L39 8SE. Our registered VAT number is 482623047 .
2.2 How to contact us. You can contact us by telephoning 01704 840265 or by emailing us at info@massams.co.uk
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our goods in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. Our goods
4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Your goods may vary slightly from those images. Natural stone aggregates are not manufactured but quarried out of the earth, normally in large blocks. The stone may have a dust residue and may differ in size, colour or shading. Size and texture of natural stone may vary between different batches and/or different sizes of the same product. To avoid variation of colour between batches we recommend ordering enough goods to complete your entire project. When using several packs of natural stone paving flags should be blended throughout the project to produce an overall natural appearance. Size variations occur and we cannot guarantee particular sizes. All goods dimensions are nominal and calibrated products are subject to variations. All goods should be checked for obvious concerns prior to paving being laid. You must ensure that the goods you order are suitable for your individual project and that the measurements you provide to us are correct.
4.2 Goods packaging may vary. The packaging of the goods may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the goods. We may change the goods:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
7. Providing the goods
7.1 Collection by you. If you have asked to collect the goods from our premises, you can collect them from us at any time during our working hours of 7:30am to 5:00pm on weekdays (excluding public holidays) and on Saturdays from 8:00am to 1:00pm.
7.2 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.3 When we will provide the goods. During the order process we will let you know when we will provide the goods to you. Normal delivery is within 2 to 3 working days from when your order is placed. Any specified date is an estimate only and time is not of the essence of this contract.
7.4 We are not responsible for delays outside our control. If our supply of the goods is delayed 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. 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 and receive a refund for any goods you have paid for but not received.
7.5 Delivery. Delivery of the goods shall take place at your premises or the delivery address set out in the order. Please make sure that you are available on the specified delivery date as a signature is required for the delivery of all goods unless prior arrangements have been agreed. You should satisfy yourself as to the quantity and condition of the goods before signature. If you are dissatisfied with the goods following examination please call us immediately on 01704 840265 indicating the nature of your dissatisfaction. You should also obtain the countersignature of the delivery driver on the signature slip:
(a) Any claim in respect of alleged defects in the goods must be made in writing to us within 48 hours of delivery;
(b) By signing the proof of deliver docket you acknowledge that the goods delivered are correct and free of defects;
(c) Deliveries will vary:
On our own wagons: 26 tonne flat bed hiab off, Deliveries are made to kerb side only, however we will usually use our hiab to place to product onto your property at the drivers’ discretion. If you require our lorry to leave the public highway onto site/property you will need to sign a delivery disclaimer The road must be wide enough for a lorry to fit down, usually wider and larger than a dustbin lorry.
Pallet Line: curtain sided 18 tonne tail-lift offload wagon with a manually operated pump truck which will place the pallet containing the goods as near to your property as is deemed safe. Tail-lifts cannot lift goods over obstructions including hedges, fences or walls.
Delivery will only be made if there is suitable access or loading/unloading restrictions are in place and a flat level surface which is free of gravel and uneven paving, free from obstruction (including overhead power cables, manhole covers, drains and vegetation).
It shall be your responsibility to ensure that delivery can be safely made in this manner. If the delivery driver considers the point of delivery is unsuitable we reserve the right to cancel your order. The delivery driver will not carry goods up or down steps or through a property;
(d) It shall be your responsibility to ensure that the goods are moved from point of delivery to where they are required;
(e) You will fully indemnify us in respect of any claims, liabilities, damages, fines, costs and expenses made against or incurred by us by reason of delivery and offloading the goods to your specified place of delivery;
7.6 If you fail to accept the goods when delivered or our delivery driver is unable to deliver the goods because you have provided an unsafe or inappropriate point of delivery you will be responsible for all related costs and expenses we incur because of the wasted attempted delivery.
7.7 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from us we will contact you for further instructions and may charge you any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.8 When you become responsible for the goods. Goods will be your responsibility from the time we deliver the goods to the address you gave us or you collect it from us.
7.9 When you own goods. You own a goods which is goods once we have received payment in full.
7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you, for example, your address. If you give us incomplete or incorrect information, we may make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying 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.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the goods, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any goods which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the goods or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the goods may be significantly delayed because of events outside our control;
(d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
8.3 Exercising your right to change your mind (The Consumer Contracts Regulations 2013 (Information, Cancellation and Additional Charges) Regulations 2013). For most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) perishable goods with a value of less than £42.00 (see clause 9.2);
(b) any goods which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) You bought goods –, if so you have 14 days after the day you receive the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods.
(ii) Your goods are for regular delivery over a set period (for example a week). In this case you have until 14 days after the day you (or someone you nominate) receive the first delivery of the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the goods is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, contact us to let us know. The contract will end immediately and we will refund any sums paid by you for the goods not provided but we will deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call us on 01704 840265 or email us at info@massams.co.uk
(b) Online. Complete the form https://www.massams.co.uk/contact/ on our website.
9.2 Returning goods after ending the contract.
(a) If you end the contract for any reason after goods have been delivered to you or you have received them, you must return them to us. You must either return the goods in person to us or allow us to collect them from you. Please call us on 01704 840265 or email us at info@massams.co.uk to arrange collection. If you are exercising your right to change your mind you must notify us within 14 days that you wish to end the contract.
(b) You have no right to end a contract for perishable goods. Perishable goods include turf, worms, shrubs, plants, cut Christmas trees and other living goods. Perishable goods are excluded from cancellation under The Consumer Protection (Distance Selling) Regulations 2000.
(c) We do not accept return of used pallets or bulk bags (other than if goods are actually returned with the pallet/bag.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the goods are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you. We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page https://www.massams.co.uk/returns/ for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return a goods to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a goods at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 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 for us to provide the goods, for example, your address;
(c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us;
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. If there is a problem with the goods
11.1 How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone us on 01704 840265 or email us at info@massams.co.uk or write to us at Renacres Hall Farm, Renacres Lane, Halsall, Lancashire L39 8SE.
11.2 Summary of your legal rights. We are under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods. Nothing in these terms will affect your legal rights.
| Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 8.3 See also Exercising your right to change your mind (Consumer Contracts Regulations 2013). |
11.3 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them or allow us to collect them from you. We will pay the costs of postage or collection. Please call us on 01704 840265 or email us at info@massams.co.uk to arrange collection.
12. Price and payment
12.1 Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the goods advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the goods you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment with Visa, MasterCard, Maestro and American Express. You must pay for the goods before we dispatch them.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount. 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.
12.6 What to do if you think an invoice is wrong. 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.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. 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 this contract or our failing to use reasonable care and skill, 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.
13.2 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 in relation to the goods as summarised at clause 11.2 and for defective goods under the Consumer Protection Act 1987
13.3 We are not liable for business losses. We only supply the goods 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.
14. How we may use your personal information
14.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for goods not provided.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer any guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. 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.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. 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 this 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. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
15.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we propose.
Schedule 1 Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Massams Supplies Ltd, Renacres Hall Farm, Renacres Lane, Halsall, Lancashire L39 8SE – 01704 840265 – info@massams.co.uk
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate