These terms and conditions apply to all purchases made from "the Company" which means Rutland Construction and Landscaping, and includes online purchases and those made by post and phone.
"The Customer" shall mean the company or person placing an order with the Company. By placing an order the customer agrees to be bound by these terms and conditions of sale.
These terms and conditions can only be modified by a variation in writing signed by a member of the Company.
Our registered office is: New Wood Lodge, Ketton Road, Empingham, Oakham, Rutland, LE15 8QD.
Supply Of Products
All images shown on this website are issued by the company by way of a general description only. Our products are naturally sourced, and we cannot therefore guarantee the appearance or colours of products shown on this website, will exactly match the appearance or colours of the products themselves. Natural products may be supplied with some size and colour variations. All sizes quoted are approximate and will vary and otherwise stated.
Contracts for the supply of goods or services to retail or domestic customers are governed by The Sale of Goods Act 1979 (as amended) and supplied in compliance with, The Consumer Protection (distance selling) regulations 2000, as amended by S1689 2005. Any customers contacting us in the course of their business are excluded from consumer protection legislation and are contracting with the company on a business to business basis.
Payment must be received for the whole of the goods ordered before an order can be processed. Once payment has been received we will confirm delivery details by email or telephone. In the unlikely event that the goods ordered are not available we shall phone or email you and arrange for your payment to be credited to your account within 7days.
The Company accepts no liability as to the suitability of goods for the purpose for which the Customer intends them. All orders are subject to availability. The Company will inform the Customer as soon as possible if availability changes. It is the customer's responsibility to ensure that the details of their order are correct.
If the Customer is acting in the course of its business, then the Business Sales section applies. If the Customer is not acting in the course of its business (ie. it is a consumer), then the Consumer Sales and The Right of Cancellation For Consumers sections apply.
The Customer must inspect the goods on delivery or collection (as applies) to ensure that they are the correct type, of satisfactory quality, undamaged and the correct amount. If they are not, the Customer must notify the Company within 48 hours of delivery or collection (as applies) for correction, replacement or refund of all or part of the price (at the Company's option), which will be the Customer's sole remedy. If the Customer does not reject them within this time, it will be deemed to have accepted them and the Company will have no liability to it. The foregoing sets out the Customer's only rights and remedies in relation to the goods and all other terms and conditions, express and implied, relating to the quality or fitness for purpose of the goods are hereby excluded to the fullest extent permitted by law.
Sales To Consumers
If the goods are not of the correct type, of satisfactory quality and undamaged and the Customer notifies the Company within 7 days (starting on the day after the day of delivery or on the day after the day of collection, as appropriate), the Customer will be entitled to reject them and the Company will either refund to the Customer the price of the goods (including delivery charges) or make available replacement goods (at the Customer's option). If the Customer opts for replacement goods and it paid for delivery of the original goods, the Company will deliver the replacements to the Customer; if the Customer collected the original goods, the Company will make the replacements available for collection by the Customer.
If an incorrect amount of the goods is delivered or collected and the Customer notifies the Company within the 7 days, the Company will arrange to deliver or make available (as appropriate) the correct quantity of the goods.
The Customer will be deemed (assumed) to have accepted the goods if the Customer has not returned them to the Company or informed the Company of their rejection within the 7 days, or if the Customer has used, laid or installed them.
Right of Cancellation For Consumers
This paragraph only applies if the Customer is acting for a purpose outside its business or if the Customer has not visited the Company's premises in relation to its order for the goods. The Customer may cancel its order within 14 days beginning the day after it receives the goods. The Customer cannot cancel if the goods are made specifically for it, or it has installed or laid or used them, or if it has damaged or modified the goods in any way. If the Customer wishes to return the goods then it must send them to the Company, or the Company can collect them from the Customer. The Customer must pay for the cost of sending the goods back to the Company, or the Company's cost of collection. The goods must be returned undamaged and unaltered suitably prepared for delivery using the original packaging. To cancel, the Customer must let the Company know in writing that it wishes to cancel. It may do so by personal delivery, letter or email, sent within the 14 days to the Company at the address set out above. If the Customer tells the Company verbally, it will nevertheless need to confirm in writing within the 14 days. The Company reserves the right to cancel the transaction at any time prior to acceptance of the full payment of the purchase price.
Prices and Payment
Prices, quotations or estimates are those current on the date when given, but the Company shall have the right to vary them without notice for any reason, including but not limited to: An increase in supplier's prices; or An increase in labour/materials costs; or Any additional costs caused by the Customer including, but not limited to, late or altered instructions, or amended delivery schedules.
The Company's quoted prices are net ex works, inclusive of taxes and subject to alteration without notice. All prices are payable in full without deduction of any discount or allowance prior to delivery unless alternative written arrangements have been made as part of the contract. Any costs, charges or expenses incurred by the Company incidental to the supply of goods pursuant to a contract shall be extra charges to be paid by the customer at the time of payment for the goods.
All Goods are the property of the Company until cleared funds are received in full. The Company has no responsibility to undertake the provision of any Goods or Services to the Client until cleared funds have been received by the Company for the whole of the agreed price.
If payment is made via credit or debit card, this does not automatically constitute payment of cleared funds. If the Client is uncertain whether payment of cleared funds has been made, they should contact the Company to request confirmation.
If payment is made by cheque, the Company will not process the order until the cheque has been paid into the bank and it confirmed as cleared funds in accordance with the UK bank cheque clearing process.
Where payment is made by way of electronic bank transfer or monies paid directly into the bank account of the Company, it is the responsibility of the Customer to inform the Company that this payment has been made. The provision of any Goods or Services offered will be undertaken once confirmation of any such payment is received by the Company through verification with the bank.
Unless otherwise stated, title to the goods passes to the Customer upon receipt of payment in full for the goods, in cleared funds.
Risk of damage to, or loss of, the goods shall pass to the Customer at the time when the goods are either collected by the Customer at the Company's premises, or when delivery is made to the address specified by the Customer.
Quotations are given on the basis that they are valid for a maximum of 30 days from the date of issue to the Customer, are non-binding and are subject to withdrawals or revisions. Quotations given will be inclusive of taxes, packing and delivery costs. Additional services such as installation will be priced separately.
The company 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.
Time of delivery is not guaranteed nor of the essence. Any schedule given by the Company for delivery is given in good faith and the Company shall endeavour to comply with it. The Company will be in no circumstances be liable for any costs or expenses incurred as a result of late or non-delivery. Delivery vehicles are unable to park on any Red Zones or restricted parking areas. When a delivery cannot made on the due date, due to access issues or unforeseen circumstances, we will attempt a re-delivery at the Customer's request, for an additional charge.
The company will not accept any liability for damages to property caused during delivery, including subsidence. Should the Company decide to carry out the delivery to the delivery point, even though it is not on hard standing, or there are access restrictions or difficulties, the Customer shall indemnify the Company for any loss or damage caused to the delivery vehicle or goods, and for any injury to any person directly or indirectly resulting.
Delivery by the company shall be conditional upon access free from encumbrances and good roads being available to the company's vehicles to the place of 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 any access problems. In such cases that delivery, in the opinion of the Company is not possible, then the Company reserves the right to cancel the order. The Customer must notify the Company at least 48 hours prior to the delivery day of any access issues. Likely issues include, but are not limited too, narrow roads or driveways, particularly with bends, uneven surfaces, waterlogged ground, tree obstructions, entrance gates. Delivery vehicles use tail lift offloading, and it must be emphasized that the delivery vehicle must be able to park in an area of level hard standing, free from gravel, 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. All deliveries will be signed for.
Delivery of goods will make use of non-returnable pallets for items weighing up to approximately one tonne or less. Orders in excess of this will use multiple pallets. Larger items weighing in excess of one tonne may require different delivery arrangements and suitable handling equipment available for offloading at the Customers delivery point. In this case we will contact the Customer to discuss delivery prior to payment and accepting your order.
Once kerbside delivery has been completed it is the Customer's responsibility to move the goods from the place of delivery to the required position.
Some of our products are made to order, for example where cutting or drilling operations are performed prior to delivery. This means that the Company cannot exchange or take back such an item unless it is defective.
All other products, we are able to exchange for another Company product or provide a full refund as required, if when you receive your order you decide you don't want it. You must contact us within 3 days of receipt, then return the item in original condition and in the original packaging within 30 days from the date of purchase. When returning items we recommend you obtain proof of delivery, as we can't accept responsibility for goods lost in transit. You will be required to pay an additional delivery charge to cover costs incurred as a result of returning the item and sending out a replacement.
Damaged or Defective Goods
You must contact us within 3 days of receipt if items are damaged or defective on arrival. Goods which have been damaged in transit, don't work, or are significantly different from the description given by the Company, can be replaced at no cost with free delivery.
The company will accept no responsibility for faults in or failure of the materials due to use in unsuitable applications or in unsuitable climatic conditions or to the handling treatment or methods of placing adopted by the Customer after the materials have been delivered to site, or, loaded in any vehicle or receptacle provided by the Customer.
Access to and use of this website ("the Site") is provided by Company subject to the following terms:
By using the Site you agree to be legally bound by these terms, which shall take effect immediately on your first use of the Site. If you do not agree to be legally bound by all the following terms please do not access and/or use the Site.
The Company may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes. Your continued use of the Site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Site content in any way without the permission of the Company. You also agree not to adapt, alter or create a derivative work from any Site content, or any other use of the Site content which requires the prior written permission of the Company.
You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Site. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site.
Disclaimers and Limitation of Liability
The Site content, including the information, names, images, pictures, logos and icons regarding or relating to the Company, its products and services (or to third party products and services) is provided "as is" and on an "is available" basis without any representations or any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
The Company will not be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortious action, arising from or in connection with the use of the Site.
The Company does not warrant that functions contained in the Site content will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. The Company has taken all reasonable care to ensure that pages published on this website are accurate at the time of publication or last modification.
The Company reserves the right to make changes at any time, and without notice, to the content of the site and cannot be held responsible for damages, losses or inconvenience caused by any aspect of the performance or non-performance of the site or inaccuracies in the information provided.
Links to another website from the Site does not mean that the Company endorses or accepts responsibility for the content, or the use of, such a website and we shall not be responsible for any loss or damage caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any other website linked to or from our own.
Intellectual Property, Copyright and Trade Marks
The names, images and logos identifying the Company, or third parties and their products and services, are subject to copyright, design rights and trade marks of the Company and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of the Company, or any other third party.
Except where expressed otherwise, the Site, its design, software and content are the property of the Company. You may not make copies of anything on the Site either for your own personal, or non-commercial use without prior written consent. Any previously agreed usage will require copyright notices and other credits remain prominently displayed. You will also undertake to indemnify the Company against any claims from third parties arising out of any infringement of third parties' intellectual property rights by your use of the materials.
These conditions and any contract or variation are governed by the law of England. Any disputes arising from these conditions or any contract or variation entered into by the company with the customer which cannot be settled in the ordinary course of business shall be referred to a single arbitrator in accordance with the arbitration act 1950 or any modification thereof for the time being in force. This policy does not affect your statutory rights.
If any provision in these terms is found to be invalid by any court, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Where the Client is more than one legal person, each party agrees to be governed by the following terms and conditions and will be jointly and severely liable under these terms.
Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.
Phew! We realise that's a lot to think about. If you have any questions about our Terms and Conditions then please get in touch.