Terms and Conditions
A R Aggregates Limited (Trading As www.aggrecycle.co.uk) – Terms And Conditions Of Sale
- These Terms
1.1. What These Terms Cover. These Are The Terms And Conditions (Terms) On Which We Supply Loose Aggregates (Products) To You Through Our Website Aggrecycle.Co.Uk (Website). They Also Apply To Orders Placed By You Via The Telephone Or Email (Including Where You Contact Us For A Bespoke Delivery Quote As Described At Clause 5.1 Below).
1.2. Why You Should Read Them. Please Read These Terms Carefully Before You Submit Your Order To Us. These Terms Will Apply To Any Contract Between Us For The Sale Of Products To You (Contract). In Addition, These Terms Tell You Who We Are, How We Will Provide Products To You, 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.
1.3. Our Reliance On These Terms. We Intend To Rely On These Terms And So If You Require Any Changes, Please Contact Us And Ask For Them To Be Put In Writing. This Can Help Avoid Problems About What You Expect From Us And What We Expect From You.
2. Information About Us And How To Contact Us
2.1. Who We Are. We Are A R Aggregates Limited (Trading As Aggrecycle.Co.Uk), A Company Registered In England And Wales. Our Company Registration Number Is 07122646 And Our Registered Office Is At 36 Main Street, Carlton, Nuneaton, Warwickshire CV13 0EZ. Our Registered VAT Number Is 984 4713 82.
2.2. How To Contact Us. You Can Contact Us By Telephoning Us On 0116 261 9733, By Emailing Us At Orders@Aggrecycle.Co.Uk Or By Writing To Us At Our Registered Office Address Above.
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. Order Process. Our Website Will Guide You Through The Steps You Need To Take To Place An Order With Us. Our Order Process Allows You To Check And Amend Any Errors Before Submitting Your Order To Us. Please Take The Time To Read And Check Your Order At Each Page Of The Order Process.
3.2. Our Acknowledgement Of Your Order. After You Place An Order Through Our Website, You Will Receive An Email From Us Acknowledging That We Have Received Your Order. However, Please Note That This Does Not Mean That Your Order Has Been Accepted. Our Acceptance Of Your Order Will Take Place As Described In Clause 3.
3.3. How We Will Accept Your Order. Our Acceptance Of Your Order Will Take Place When We Agree A Delivery Time With You By Telephone Or Email, At Which Point A Contract Will Come Into Existence Between You And Us.
3.4. If We Cannot Accept Your Order. If We Are Unable To Accept Your Order, We Will Inform You Of This And Will Not Charge You For The Relevant Products. This Might Be Because The Products Are Out Of Stock Or We Don’t Have Sufficient Stock To Meet Your Order, Because We Are Not Currently Able To Deliver To Your Postcode Area, 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 Products Or Because We Are Unable To Meet A Delivery Deadline You Have Specified.
3.5. We Only Deliver To The UK. Our Website Is Solely For The Sale Of Our Products In Mainland UK. Unfortunately, We Do Not Deliver To Addresses Outside Mainland UK.
4. Our Products
5. Products May Vary Slightly From Their Pictures. The Images Of The Products On Our Website Are For Illustrative Purposes Only. Although We Have Made Every Effort To Display The Colours Accurately, We Cannot Guarantee That A Device’s Display Of The Colours Accurately Reflects The Colour Of The Products. In Addition, The Nature Of Loose Aggregate Is That Colour Does Vary.
Providing The Products
5.1. Delivery Costs. Our Website Is Able To Calculate Certain Delivery Costs Automatically (Generally Within A Certain Radius Of Our Main Depot). If So, Then The Costs Of Delivery Will Be As Displayed To You On Our Website As Part Of The Order Process. If Our Website Is Unable To Calculate Your Delivery Costs, You Will Be Notified And Asked To Call Us So We Can Quote You A Bespoke Delivery Price And To Complete Your Order.
5.2. When We Will Provide The Products. When We Contact You To Confirm Your Order We Will Let You Know When We Are Able To Deliver The Products To You. This Will Usually Be Within 2 Working Days If We Have Sufficient Stock.
5.3. We Are Not Responsible For Delays Outside Our Control. If Our Supply Of The Products 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 Products You Have Paid For But Not Received.
5.4. If You Are Not At Home When The Products Are Delivered. If No One Is Available At Your Address To Take Delivery At The Pre-Agreed Time, We Will Contact You For Further Instructions And May Charge You For Storage Costs And 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 2 Will Apply.
5.5. When You Become Responsible For The Goods. The Products Will Be Your Responsibility From The Time We Deliver The Products To The Address You Gave Us.
5.6. When You Own Goods. You Own The Products On The Later Of Delivery And When We Have Received Payment For Them In Full.
5.7. Reasons We May Suspend The Supply Of Products To You. We May Have To Suspend The Supply Of Products If We Have An Unexpected Supply Issue.
5.8. Your Rights If We Suspend The Supply Of Products. We Will Contact You In Advance To Tell You We Will Be Suspending Supply Of The Products. You May Contact Us To End The Contract If We Suspend It, Or Tell You We Are Going To Suspend It, In Each Case For A Period Of More Than 2 Weeks And We Will Refund Any Sums You Have Paid In Advance For The Products In Respect Of The Period After You End The Contract.
6. Your Consumer Right To Change Your Mind And Cancel The Contract
6.1. Exercising Your Right To Change Your Mind (Consumer Contracts Regulations 2013). You Have A Legal Right To Change Your Mind About Any Order Within 14 Days And Receive A Refund. These Rights, Under The Consumer Contracts Regulations 2013, Are Explained In More Detail In This Clause 6.
6.2. When You Don’t Have The Right To Change Your Mind. Please Note However That You Do Not Have A Right To Change Your Mind In Respect Of Any Products Which Have Been Delivered And Have Become Mixed Inseparably With Other Items After Their Delivery. In The Context Of Loose Aggregates This Means That If You Have Allowed Contaminants (Including But Not Limited To Soil) To Mix With Them (Which Is Very Likely To Happen If You Move Them), Then We Do Not Have To Accept Their Return. If We Accept Their Return In Such Circumstances It Will Be At Our Sole Discretion And Subject To A Discount To Reflect Any Reduction In Their Resale Value. Similarly, If You Return Less Than The Weight Of Products We Delivered Then We Will Apply A Pro Rata Discount To Any Refund.
6.3. How Long Do I Have To Exercise My Right To Cancel The Contract? How Long You Have Will Depend On What You Have Ordered And How It Is Delivered. You Have 14 Days After The Day You (Or Someone You Nominate) Receive The Products, Unless Your Products Are Split Into Several Deliveries Over Different Days In Which Case You Have Until 14 Days After The Day You (Or Someone You Nominate) Receive The Last Delivery To Change Your Mind About The Products.
6.4. Tell Us You Want To Cancel The Contract. To Cancel A Contract, You Just Need To Let Us Know That You Have Decided To Cancel By: –
(a) Contacting Us By Email Or Telephone Using The Details Set Out In Clause 2.2 – This Is The Easiest And Quickest Way If You Are Cancelling The Contract Before The Products Have Been Delivered;
(b) Printing And Completing The Cancellation Form At Schedule 1 And Submitting It To Us By Email Or Post.
6.5. Effective Date Of Cancellation. If You Send Us Your Cancellation Notice By Email Or By Post, Then Your Cancellation Is Effective From The Date You Send Us The Email Or Post The Letter To Us. For Example, You Will Have Given Us Notice In Time As Long As You Get Your Letter Into The Last Post On The Last Day Of The Cancellation Period Or Email Us Before Midnight On That Day.
6.6. Order Details. If You Are Emailing Or Writing To Us To Cancel Your Order Then Please Include Details Of Your Order So We Can Process The Cancellation As Soon As We Can.
6.7. Refunds When You Have Cancelled Your Contract.
If You Cancel The Contract, We Will: –
(a) Refund You The Price You Paid For The Products. However, Please Note We Are Permitted By Law To Reduce Your Refund To Reflect Any Reduction In The Value Of The Products, If This Has Been Caused By Your Handling Them In A Way Which Would Not Be Permitted On Our Premises. Please Also See Clause 2 Above;
(b) Refund Any Delivery Costs You Have Paid, Although, As Permitted By Law, The Maximum Refund Will Be The Costs Of Delivery By The Least Expensive Delivery Method We Offer. For Example, If We Offer Delivery Of Products Within 3-5 Days At One Cost But You Choose To Have The Products Delivered Within 24 Hours At A Higher Cost, Then We Will Only Refund What You Would Have Paid For The Cheaper Delivery Option;
(c) Make Any Refunds Due To You As Soon As Possible And In Any Event Within The Following Deadlines:
(i) We Will Refund You Within 14 Days From The Day On Which We Collect The Products Back From You If We Have Already Delivered The Products;
(ii) In All Other Cases, Your Refund Will Be Made Within 14 Days Of You Informing Us Of Your Decision To Cancel The Contract; And
(d) Make Any Refund Due To You By The Method You Used For Payment.
6.8. Returning Products After Cancelling The Contract. If The Products Have Been Delivered To You Before You Decide To Cancel The Contract:
(a) Then You Must Contact Us To Arrange For Us To Collect The Products; And
(b) Unless The Products Are Faulty Or Not As Described Then You Must Pay Us For The Cost Of Collection. We Will Inform You Of The Cost When You Contact Us But Please Note That The Nature Of The Products Means That A Truck Equipped With A Mechanical Grabber Is Required And This Makes Collection Very Expensive, Often In Excess Of £100.
7. Ending The Contract Because Of Something We Have Done Or Are Going To Do.
7.1. 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 Products Which Have Not Been Provided. The Reasons Are:
(a) We Have Told You About An Error In The Price Or Description Of The Products You Have Ordered And You Do Not Wish To Proceed;
(b) There Is A Risk That Supply Of The Products May Be Significantly Delayed Because Of Events Outside Our Control;
(c) We Have Suspended Supply Of The Products, Or Notify You We Are Going To Suspend Them, In Each Case For A Period Of More Than 2 Weeks; Or
(d) You Have A Legal Right To End The Contract Because Of Something We Have Done Wrong.
7.2. Tell Us You Want To End The Contract. To End The Contract Because Of A Reason Set Out In Clause 1 Please Contact Us By Telephone, Email Or Post Using The Details Set Out At Clause 2.2. If You Are Emailing Or Writing To Us To Cancel Your Order Then Please Include Details Of Your Order So We Can Process The Request As Soon As We Can.
7.3. Return Of Products And Refund. If You Have Ended The Contract In Accordance With This Clause 7:
(a) After The Products Have Been Delivered, We Will Arrange Their Collection;
(b) We Will Pay The Costs Of Collection; And
(c) We Will Refund You As Soon As Possible The Price Paid For The Products Including Delivery Costs, By The Method You Used For Payment.
8. Our rights to end the Contract
8.1. We may end the Contract if you break it. We may end the Contract 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; or
(b) you do not, within a reasonable time, allow us to deliver the Products to you.
8.2. You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for Products 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.
9. If there is a problem with the Products
9.1. How to tell us about problems. If you have any questions or complaints about the Products, please contact us using the contact details set out in clause 2
9.2. Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this Contract. In summary, the Consumer Rights Act 2015 says that the Products must be as described, fit for purpose and of satisfactory quality. Nothing in these terms will affect your legal rights.
9.3. Your obligation to allow us to collect rejected Products. If you wish to exercise your legal rights to reject Products then please notify us so we can inspect the Products and/or arrange collection.
10. Price and payment
10.1. Where to find the price for the Products. The price of the Products (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Products advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the Products you order.
10.2. 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 Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
10.3. What happens if we got the price wrong. It is always possible that, despite our reasonable efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Products’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Products’ 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.
10.4. When you must pay and how you must pay. The payment methods we accept are detailed on our Website and as part of our order process. You must be authorised to use the debit card, credit card or other payment account which you use to pay for the Products. You must pay for the Products before we deliver them. We will not charge your credit card, debit card or payment account until we accept your order.
10.5. 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 at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest will 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.
10.6. 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.
11. Our responsibility for loss or damage suffered by you
11.1. 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.
11.2. 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 Products; and for defective Products under the Consumer Protection Act 1987.
11.3. We are not liable for business losses. If you use the Products 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.
12. How we may use your personal information
13. How we may use your personal information. We will only use your personal information as set out in our Privacy Policy at https://www.aggrecycle.co.uk/privacy-policy/
13. Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
13.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3. Nobody else has any rights under this Contract. This Contract is between you and us. No other person will have any rights to enforce any of its terms.
13.4. If a court finds part of this Contract illegal, the rest will continue in force. Each of the clauses 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.
13.5. 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 Products, we can still require you to make the payment at a later date.
13.6. 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 Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
(Complete and return this form only if you wish to withdraw from the contract)
To: A R Aggregates Limited (trading as www.aggrecycle.co.uk)
36 Main Street
Carlton
Nuneaton
Warwickshire
CV13 0EZ
© Crown copyright 2013.