Our site www.aggregatessupplier.com (“the Website”) is operated by Ashville Aggregates LTD (“the Company”)
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, lease 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” at the end of the Terms 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.
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. You can order samples of our products through the website (see clause 10) Given that our goods are natural material, variations including form and colour an occur.
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%.
1.1. The Company is a company registered in England and Wales with company number 8987070 whose registered office is Plot 5 Link Park Heathrow, Thorney Mill Road, West Drayton UB7 7EZ. The Company’s VAT number is GB 201 6968 17.
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. If you would like to find out the dimensions given in the Delivery Guide, click here. 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.
4.1. 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 48 hrs and delivery of loose materials is 72 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.
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 is 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. (remove?)
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.
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 firstname.lastname@example.org. This will prevent unnecessary delivery costs being incurred.
(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.
9.1. 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.
10.1 Samples of the products are available to order through the website. Alls sample will be the same quality and source of the material. In the same way as the full priced goods, and as with any 2natural material, variations in form and colour can occur. The samples are representative, and we cannot guarantee that the colours, appearance and/or quality of the Sample will precisely replicate the physical Goods.
11. Company’s Liability
11.1. The Company have no liability in respect of shortage, loss or damage that occurs while the goods are in the custody of an independent carrier. (assuming not relevant)
11.2 Save as set out in paragraph 11.1, the Company’s liability, if any, shall be limited to replacing such goods or if applicable crediting you with the price agreed and it shall be a condition precedent to any such liability that you shall if so requested have provided authority for the Company to inspect damaged goods within 14 days. We will not be held liable for consequential loss arising out of such loss, shortage or damage as aforesaid.
11.3. Save as otherwise provided in these conditions and in particular paragraph 9.1 the Company should have no liability in respect of the condition, composition or state of the goods.
11.4. Subject to paragraph 9.1 you must satisfy yourself that the goods are suitable the purpose desired and the Company does not offer a warranty that the goods are suitable for their required purpose.
11.5. These Terms limits or excludes the Company’s liability for:
(a) Personal injury or death that is caused by its negligence;
(d) defective products under the Consumer Protection Act 1987; or
11.6. Subject to paragraph 10.5, the Company will not be liable for losses that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of contracts;
(e) loss of goodwill;
(f) loss of anticipated savings;
(g) loss of data;
(h) waste of management or office time; or
(i) any other indirect losses.
11.7 This provision does not affect your statutory rights as a consumer.
12.1. Applicable laws require that some of the information or communications the Company sends to you should be in the form of writing. When using the Website, you subsequently accept that communication with the Company will be mainly electronic. The Company will contact you either by e-mail or by sharing information on the Website. For contractual purposes, you will agree to this electronic communication and you therefore acknowledge that all contracts, notices, information and other communications the Company provides to you comply electronically with any legal requirement that these communications will be in writing. This condition does not affect your statutory rights.
13.1. Any and all notices given from you to the Company must be given to Ashville Aggregate LTD at Plot 5 Link Park Heathrow, Thorney Mill Road, West Drayton UB7 7EZ or email@example.com. The Company may give you notice either at the e-mail or postal address you provide to the Company when the order is placed, or in any of the ways specified in paragraph 11.1. Notice will be deemed received and properly served as soon as it is posted on the 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 it is 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.
14.1. The contract between you and the Company is binding on you and the Company and on the Company’s respective assignees and successors.
14.2. You are not permitted to assign, transfer, charge or otherwise dispose of a Contract, or any of your obligations or rights arising under it, without the Company’s prior consent.
14.3. The Company may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract.
15.1. The Company will not be held responsible or liable for failure to perform, or delay in performance of, any of the obligations under a Contract that is caused by events outside its reasonable control (“Force Majeure Event”).
15.2. A Force Majeure Event includes any event, act non-happening, accident or omission beyond the Company’s reasonable control and includes in particular (without limitation) the following:
(a) Lock outs, strikes or any other industrial action;
(b) Riot, invasion, civil commotion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, subsidence, epidemic, explosion, flood, earthquake, storm or other natural disaster;
(d) Impossibility of the use of railways, motor transport, shipping, aircraft or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks; and
(f) The legislation, regulations, acts, decrees or restrictions of any government.
14.3. The Company’s performance under any Contract will be suspended for the period that the Force Majeure Event continues, and the Company will then have an extension of time under which to fulfil the Contract. The Company will use its reasonable endeavours to brings the Force Majeure Event to a close or to find a solution by which it can fulfil the Contract despite the Force Majeure Event.
16.1. If at any point the Company fails during the term of a Contract, to insist upon strict performance of your obligations under the Contract or any of these Terms, or should the Company fails to exercise any of the remedies or rights to which is entitled under the Contract, this shall not constitute a waiver of such remedies or rights and shan’t relieve you from compliance with such obligations.
16.2. A waiver by the Company of any default will not constitute a waiver of any subsequent default.
16.3. No waiver by the Company of any of these Terms will be effective unless stated expressly to be a waiver and is communicated to you in writing in accordance with paragraph 12.1 above.
17.1. If any of these Terms or conditions of a Contract are determined by any competent authority to be unlawful, invalid or unenforceable to any extent, such condition, terms or provision will to that extent be removed from the remaining conditions, terms and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire agreement
18.1 The Company intends to rely upon the terms and conditions aforementioned and any document expressly referred to in them in relation to the subject matter of any Contract. While the Company accepts responsibility for statements and representations made by its duly authorised agents, please ask for any variations from these Terms to be confirmed in writing.
19.1 The Company maintain the right to amend these Terms from time to time.