Terms and Conditions | Nidagravel UK TERMS & CONDITIONS

Use of this website
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Nidagravel UK's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term 'Nidagravel UK' or 'us' or 'we' refers to the owner of the website whose registered office is 4 Thorpe Court, Thorpe Waterville, Northamptonshire NN14 3ED. Our company registration number is 9520424 and Nidagravel UK is a trading name of Gravel Stabilisers UK Ltd. The term 'you' refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
2. This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, any information you provide may be stored by us for use by third parties. This excludes any payment card data which is used only to process your transaction with us. All payment transactions are encrypted.
3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
6. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
7. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
8. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

General Disclaimer
The information contained in this website is for general information purposes only. The information is provided by Nidagravel UK (a trading name of Gravel Stabilisers UK Ltd.) and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Copyright
1. This website and its content are copyright of Nidagravel UK (a trading name of Gravel Stabilisers UK Ltd) © Copyright 2019. All rights reserved.
2. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
2.1 You may print or download to a local hard disk, extracts for your personal and non-commercial use only
2.2 You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
3. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

PURCHASING GOODS FROM NIDAGRAVEL UK

1. Definitions
1.1 Buyer means the person who buys or agrees to buy the goods from the Seller.
1.2 Conditions means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 Delivery Date means the date specified by the Seller when the goods are to be delivered.
1.4 Goods means the articles which the Buyer agreed to buy from the Seller.
1.5 Price means the price for the Goods excluding carriage, packing, insurance and VAT.
1.6 Seller means Gravel Stabilisers UK Ltd trading as Nidagravel UK.

2. Conditions Applicable
2.1 These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3. The Price and Payment
3.1 The Price for the Goods is expressed exclusive of VAT which will be charged at the current standard rate on the date of the Sellers Invoice.
3.2 Payment of the Price and VAT shall be due within 30 days of the date of the Invoice
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% above Barclays Bank Plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.

4. The Goods
The quantity and description of the Goods shall be as set out in the invoice.

5. Warranties and liability
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. All other warranties conditions or terms relating to fitness for purpose merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.
5.2 The Seller shall not be bound by any verbal representations or statements made by the Seller its servants and agents.

6. Delivery of the Goods
Delivery of the Goods shall be made to the Buyers address or any alternative address specified by the Buyer on the Order Date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

7. Acceptance of the Goods
7.1 The Buyer shall be deemed to have accepted Goods 24 hours after delivery to the Buyer or any other party designated by the Buyer to receive the Goods.
7.2 The Buyer or designated recipient of the Goods must indicate in writing on the Delivery Note details of any Goods damaged at Delivery and must sign the details at the time of delivery.
7.3 After acceptance the Buyer shall not be entitled to reject the Goods which are not in accordance with the Contract.

8. Title and risk
8.1.1 In spite of delivery having been made, property and title in the Goods shall not pass from the Seller until the Buyer shall have paid the Price plus VAT in full and no other sums whatever shall be due from the Buyer to the Seller.
8.1.2 Until property and title in the Goods passes to the Buyer in accordance with clause 8.1.1 the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Sellers property.
8.1.3 Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyers business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Sellers property by the Buyer on the Buyers own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Sellers money.
8.1.4 The Seller shall be entitled to recover the Price (plus VAT) notwithstanding that property in any of the Goods has not passed from the Seller.
8.1.5 Until such time as the property in the Goods passes from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request, the rights of the Buyer under clause 8.1.3 shall cease.
8.1.6 The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
8.1.7 The Buyer shall insure and keep insured the Goods to the full Price against all risks to the reasonable satisfaction of the Seller until the date that property in the Goods passes from the Seller, and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
8.1.8 The Buyer shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
8.2 Risk shall pass on delivery of the Goods.

9. Remedies of Buyer
9.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the Contract of Sale.
9.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
9.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
9.4 The Seller accepts no responsibility whatsoever for any consequential loss.
9.5 The Seller accepts no responsibility for indirect loss and the responsibility of the Seller is limited to replacement of the Goods.
9.6 The Seller shall not be liable to the Buyer or any customers or licensees of the Buyer in relation to any loss originating from any use of the Goods for purposes other than those they are designed for nor any loss resulting from any use of display racks or display equipment supplied by the Seller.
9.7 The Buyer shall be entirely responsible for correct assembly of any display racks or equipment supplied by the Seller.

10. Intellectual property
The specifications and designs of the Goods (including the copyright design right or other intellectual property in them) shall as between the parties be the property of the Seller. Where any designs or specifications have been supplied by the Buyer for manufacture by the Seller or to the order of the Buyer then the Buyer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party.

11. Legislation
Any dispute in relation to these conditions of sale or any contract entered into pursuant to these conditions of sale shall be
subject to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.

RETURNS POLICY

1. Goods Delivered To You
If you buy a product which we deliver to you, you may cancel your order before delivery or within 14 days after delivery by contacting Nidagravel UK by email sales@nidagraveluk.co.uk Cancellation is subject to the following conditions;
a. The product/s supplied to you by Nidagravel UK must be unused, as new and as sold, in a re-saleable condition and undamaged in the original product packaging.
b. Please note that only full orders can be returned as a whole, part of an order cannot be returned.
c. You will receive a full refund for the price paid less re-stocking fee.
d. For all products in the Nidagravel UK range, there is a 25% re-stocking fee.
e. All collections are made by our hauliers only.

2. Damaged Goods
If any product purchased from Nidagravel UK is damaged or faulty, we may offer an exchange or refund as appropriate in accordance with your legal rights. If you can see some of the delivery has arrived damaged, we ask you to sign for the delivery as 'damaged on arrival'. That way it will be easier for us to organise replacements, which is why it is important for you to inspect the delivery as much as you can before signing. Unfortunately, damage to goods can happen in transit and we will send out replacement products as soon as we can. To help us, we recommend that you open all products and check exactly what is damaged, take photographs of the damages and email these to sales@nidagraveluk.co.uk Unfortunately, we cannot collect any damaged product. Customers are advised to dispose of any damaged product once replacements have been organised.

3. Arranging a refund and collection
For all goods to be returned, email Nidagravel UK at sales@nidagraveluk.co.uk at the earliest possible opportunity. We will confirm the amount to be refunded and arrange for collection of your goods, where applicable, subject to our returns policy. Please note the following:
a. Only full or whole orders can be returned that are unused, as new and as sold, in a re-saleable condition and undamaged in the original product packaging.
b. A re-stocking fee of 25% will apply to all returns.
c. Collections are made by our pallet hauliers only. Collections will be made using an LGV equipped with a tail lift and hand operated pallet truck, therefore any item to be collected must be on a flat, level and firm surface (grass or gravel is not suitable) and easily accessible for the haulier to collect.
d. You will be advised by Nidagravel UK by email of the date of collection and you must ensure that the goods to be returned are ready and in a suitable location for collection.
e. If we are unable to collect product being returned for any reason, you will be responsible for the cost of the unsuccessful attempt to collect the goods. This will be charged at cost per jumbo or standard pallet.
f. Once the goods have been returned to Nidagravel UK, the products will be inspected for damage. You will be responsible for any damage/s incurred in transit returning the goods to us and this may affect the amount refunded.
g. Once the goods have been inspected, your refund will be processed. Refunds are made to the payment card used to make the original purchase or via bank transfer to the customer account, where applicable. Refunds are processed within 14 working days of the goods being received and inspected by Nidagravel UK.