These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
- Information about us
We operate the website www.earthcycle.co.uk. We are The Woodhorn Group Ltd, a company registered in England and Wales under company number 03629015 and with our registered office at Woodhorn Business Centre, Woodhorn Lane, Oving, Chichester, West Sussex, PO20 2BX. You can contact us by telephone on 01243 781730 or by email at [email protected].
- Contacting us if you are a consumer:
- To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at [email protected] or contact our Customer Services team by telephone on 01243781730 or by post to The Woodhorn Group Ltd, Unit 6, Woodhorn Business Centre, Woodhorn Lane, Oving, Chichester, PO20 2BX. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
- If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 01243781730or by e-mailing us at [email protected].
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- How we use your personal information
- If you are a consumer
This clause 3 only applies if you are a consumer.
If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
- you are a business customer
This clause 4 only applies if you are a business.
- If you are not a consumer, you should contact us by telephone on 01243 781730 or by email at [email protected].
- You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
- You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract. How the contract is formed between you and us
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order. Please note, however, that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.2.
- We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
- If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
- We will make every effort to deliver the Products on the agreed delivery date. If, however, for any reason, we are unable to deliver the Products, we will not be liable to you, whether in damages or otherwise, for delay in delivery of whole or any part of the Products ordered arising from any cause whatsoever.
- Delivery by us of turf, gravel, slate or large quantities of compost and/or topsoil to you shall be conditional upon there being unimpeded access free from obstruction and suitable roads being available to the place of delivery which can accommodate large vehicles of up to 40 tonne in weight. It is your responsibility to inform us in writing, in advance of any potential delivery problems relating to access for such vehicles. Please click here [http://earthcycle.co.uk/delivery/] to see additional delivery instructions.
- Delivery of an Order shall be completed when we deliver the Products to the address you give us. Any loss or damage to the Products after delivery is at your own risk.
- You will not own the Products until we have received payment in full, including all applicable delivery charges.
- We do not accept any liability for:
- the late delivery of Products and you agree that time is not of the essence in the Contract; or
- non-delivery caused by circumstances beyond our control.
- Our right to vary these Terms
- Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
- If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you are yet to receive. If you opt to cancel, you will have to return (at your cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid.
- Your consumer right of return and refund
This clause 8 only applies if you are a consumer.
- If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
- This cancellation right does not apply, however, in the case of perishable goods such as turf under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or any Products which become mixed inseparably with other items after their delivery.
- Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is 14 days after the day on which you receive the Product.
- To cancel a Contract, you just need to let us know that you have decided to cancel
- Once we have delivered the Products, it is the customer’s responsibility to return the Products at their cost, should you wish to cancel your order.
- If you cancel your Contract we will refund you the price you paid for the Products. Please note that we are permitted by law to reduce your refund 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 retail premises.
- If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Product to us.
- We will refund you on the credit card or debit card used by you to pay, or via PayPal if you paid through PayPal. If you used vouchers to pay for the Product we may refund you in vouchers.
- No international delivery
- Unfortunately, we do not deliver to addresses outside the UK.
- You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK
- How to pay
- You can only pay for Products using a debit card, credit card or PayPal.
- Payment for the Products and all applicable delivery charges is in advance.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
- We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
- Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.
- An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport].
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
- Communications between us
- When we refer, in these Terms, to "in writing", this will include e-mail.
- If you are a consumer you may contact us as described in clause 1.1.
- If you are a business:
- Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
- A notice or other communication shall be deemed to have been received:
- if delivered personally, when left at our registered office;
- if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
- if sent by e-mail, one Business Day after transmission.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was 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.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- Other important terms
- This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Please note that these Terms are governed by the laws of England and Wales. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.