Shop Terms & Conditions of Sale to Consumers
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This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the product(s) (Product) listed on our website (Our Site) to you.
These Terms will apply to any contract between us for the sale of Product(s) to you (Contract), where you are a consumer. Please note that these terms will not apply where you are purchasing as a business and you should refer to the separate "Shop Terms & Conditions of Sale to Businesses" contained elsewhere in Our Site in this regard.
Please read these Terms carefully and make sure that you understand them before ordering any Product(s) from Our Site. Please note that before placing an order you will be asked to agree to these Terms. Please tick the box on the Payment page if you accept these Terms. If you refuse to accept them, you will not be able to order any Product(s) from Our Site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out below. Every time you wish to order Product(s), please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
Your attention is drawn in particular to the provisions of clause 14.
1. Information about us
1.1. We operate the website: www.amenity.co.uk We are Agrovista UK Limited, a company registered in England and Wales under company number 3525529 and with our registered office at Rutherford House, Nottingham Science and Technology Park, University Boulevard, Nottingham, NG7 2PZ. Our VAT number is 595495381. We trade under the brand name “Pitchcare”.
1.2. To cancel a Contract in accordance with your legal right to do so as set out in clause 13, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. A link to the website cancellation form will be included in our Order Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at sales@amenity.co.uk or write to Agrovista UK, Rutherford House, Nottingham Science and Technology Park, University Boulevard, Nottingham, NG7 2PZ. 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.
1.3. 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.
2. Our Products
2.1. The images of the Product(s) on Our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Product(s). Your Product(s) may vary slightly from those images.
2.2. All Product(s) shown on Our Site are subject to availability. We will inform you by e-mail as soon as possible if a Product you have ordered is not available and we will not process your order if made.
3. Use of Our Site
3.1. Your use of Our Site is governed by our Website Terms and Conditions of Use. Please take the time to read them, as they include important terms which apply to you.
4. How we use your personal information
4.1. We only use your personal information in accordance our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.
5. How the contract is formed between you and us
5.1. 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 stage of the order process.
5.2. After you place an order, you will receive an e-mail 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 the paragraph below.
5.3. We will confirm our acceptance to you by sending you an e-mail Order Confirmation. The Contract between us will only be formed when we send you the Order Confirmation.
5.4. 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 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 Product(s), we will refund you the full amount as soon as possible.
6. Our right to vary these terms
6.1. We may revise these Terms from time to time in the following circumstances:
6.1.1. changes in how we accept payment from you; and
6.1.2. changes in relevant laws and regulatory requirements.
6.2. Every time you order Product(s) from us, the Terms in force at that time will apply to the Contract between you and us.
6.3. 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 Product(s) or just the Product(s) you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Product(s) you have already received and we will arrange a full refund of the price you have paid, including any delivery charges
7. Prices and Payments
7.1. All prices included on this site are exclusive of VAT and, unless expressly stated otherwise on the product page, basket or checkout area, are exclusive of delivery charges. Delivery charges, where applicable, will be added in the checkout area.
7.2. Prices for our Product(s) may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation
7.3. In some cases, delivery to areas such as Cornwall, the Scottish Highlands and non-mainland UK addresses, may incur additional delivery charges. Where any such charges apply one of our sales team will contact the Customer with details of the additional charges.
7.4. All payments should be made to Amenity Choice on the date that the order is placed using one of the payment options listed as available on Our Site.
7.5. Approved Amenity Choice Account Holders will be invoiced for payment. If you are an approved Amenity Choice Account Holder, you agree to pay within 28 days of the date of the invoice(s), unless other terms have been previously agreed between us in writing.
7.6. We reserve the right to charge interest on a daily basis on outstanding sums at the rate of 4% per annum above the base rate of Barclays Bank Plc as published from time to time.
7.7. The prices of the Product(s) will be as quoted on Our Site from time to time. We take all reasonable care to ensure that the prices of Product(s) are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 7.8 below for what happens in this event.
7.8. Our Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on Our Site may be incorrectly priced. If we discover an error in the price of the Product(s) you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Product(s) to you at the incorrect (lower) price.
8. Delivery
8.1. The Product(s) are despatched direct to you by us or by one of our approved suppliers.
8.2. Standard delivery time for most products is three working days following the day of order. Saturdays and Sundays and official UK Bank Holidays are NOT defined as working days. Some products are available on a next working day delivery service if the order is placed and paid for before midday the previous working day. In some cases, principally machinery and larger items, delivery may take longer and will require confirmation from the Amenity Choice office on 01902 440250.
8.3. You must notify us of the delivery point at the time of ordering your Product(s). Further, you must notify us of any matters which may affect access to the delivery point, such as (but not limited to) narrow roads, tight corners, weight limit roads, low bridges, hills, steep driveways and driveways with gravel, pebbles or loose stones. The number to call if there are any matters which may affect delivery is 01902 440250.
8.4. Some Products are delivered on pallets or in large dumpy bags, in which case lorries are used and a kerbside delivery only can be guaranteed. In the case of kerbside deliveries, you must be at the delivery point to accept the delivery and you alone are responsible for moving the Product(s) from the kerbside.
8.5. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will make every effort to deliver Product(s) ordered on the agreed date but, we shall not be liable for any delay in delivery of the Product(s) that is caused by an Event Outside Our Control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Product(s).
8.6. Delivery will be completed when we deliver the Product(s) to the address you gave us.
8.7. If you have requested that your Product(s) must be signed for, and if no one is available at your chosen address to take delivery, our courier will leave you a card informing you that the Product(s) have been returned to a delivery depot, in which case, please contact us to rearrange delivery.
8.8. If you have requested that your Product(s) need not be signed for, you must provide instructions as to where to leave them. We accept no responsibility for a Product after leaving it as instructed. Please note that deliveries of certain Products (including chemicals and/or hazardous substances) must always be signed for and it will not be an option to for such a Product to be left.
8.9. The Product(s) will be your responsibility from the completion of delivery.
8.10. You own the Product(s) once we have received payment in full, including all applicable delivery charges.
8.11. If we are unable to deliver the Product(s) within 30 days then you may cancel your Order straight away if any of the following apply:
8.11.1. we have refused to deliver the Product(s);
8.11.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
8.11.3. you told us before we accepted your order that delivery within the delivery deadline was essential
8.12. If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 8.11, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline
8.13. If you do choose to cancel your Order for late delivery under clause 8.11 or clause 8.12, you can do so for just some of the Product(s) or all of them, unless splitting them up would significantly reduce their value.
8.14. If the Product(s) have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Product(s) and their delivery.
8.15. Our logistics and warehouse team are operating to dispatch all orders in line with agreed service times. Please be aware however, that due to the current circumstances of trade, large consignments sent via the UK pallet network can be subject to some disruption – as outlined here.
9. International delivery
9.1. We deliver to many countries outside of the UK (International Delivery Destinations). However there are restrictions on some Product(s) for certain International Delivery Destinations, so please review the information on that page carefully before ordering Product(s).
9.2. If you order a Product from Our Site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.3. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.4. You must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable or responsible if you break any such law.
10. Damage to Products
10.1. If you receive damaged or defective products, please contact Amenity Choice Customer Support within 48 hours of receipt on 01952 897917 and by email at customer.support@amenity.co.uk.
10.2. No unsolicited returns can be accepted.
11. Non Delivery of Products
11.1. If you have not received your products within the standard three working days, please notify Amenity Choice on 01952 897917 and by email at customer.support@amenity.co.uk, stating your order number and delivery postcode.
12. Part Delivery of Products
12.1. If there is any product missing from your order, please contact Amenity Choice Customer Support within three working days of receipt on 01952 897917 and by email at customer.support@amenity.co.uk.
13. Your right of return and refund
13.1. You have a legal right to cancel a Contract during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
13.2. Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
| Your Contract | End of the cancellation period |
|---|---|
| Your Contract is for a single Product (which is not delivered in instalments on separate days). | The end date is the end of 14 days after the day on which you receive the Product. Example: if we provide you with an Order Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January. |
| Your Contract is for either of the following: one Product which is delivered in instalments on separate days. multiple Products which are delivered on separate days. |
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered. Example: if we provide you with an Order Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January. |
| Your Contract is for the regular delivery of a Product over a set period. | The end date is 14 days after the day on which you receive the first delivery of the Products. Example: if we provide you with an Order Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year. |
13.3. If you wish to cancel the order, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. A link to the website cancellation form will be included in our Order Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at sales@amenity.co.uk or write to Agrovista UK, Rutherford House, Nottingham Science and Technology Park, University Boulevard, Nottingham, NG7 2PZ before the cancellation deadline. If you are emailing us or writing to us please include details of your order to help us to identify it. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
13.4. You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described above. If you returned the Products to us because they were faulty or mis-described, please see clause below.
13.5. If you have returned the Product(s) to us under this clause because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
13.6. We refund you on the credit card or debit card used by you to pay.
13.7. If the Product(s) was delivered to you, you will be responsible for the return, including (unless the Product(s) was faulty or mis-described. See clause 13.5 above) any costs, of the Product(s) to us and you must return them as soon as reasonably practicable, but in any event not later than 14 days after the day on which you informed us of your wish to cancel the Contract.
13.8. You have a legal obligation to keep the Product(s) in your possession and to take reasonable care of the Product(s) while they are in your possession.
13.9. Details of your legal right to cancel and an explanation of how to exercise it are also provided in the Order Confirmation.
13.10. As a consumer, you will always have legal rights in relation to Product(s) that are faulty or not as described.
13.11. You may return most items in a new and unused condition and wherever possible in the original packaging.
14. Our liability to you
14.1. 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
14.2. We only supply the Product(s) for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any unforeseeable losses nor any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3. We do not in any way exclude or limit our liability for:
14.3.1. death or personal injury caused by our negligence;
14.3.2. fraud or fraudulent misrepresentation;
14.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.3.4. 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
14.3.5. defective products under the Consumer Protection Act 1987.
15. Events outside our control
15.1. 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.
15.2. 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.
15.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.3.1. we will contact you as soon as reasonably possible to notify you; and
15.3.2. 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 Product(s) to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16. Complaints
16.1. Any complaints should be addressed to Amenity Choice, Rutherford House, Nottingham Science and Technology Park, University Boulevard, Nottingham, NG7 2PZ, or by email to sales@amenity.co.uk.
17. Goods Reserved for Collection
17.1. The Company is prepared to set aside goods for collection by customers, but if goods are set aside, the following terms and conditions apply:
17.1. a) Credit account customers – once goods have been set aside, they will be held for 7 days, after which time an invoice will be raised, which will become payable in line with the Company’s normal credit terms (30 days from date of invoice). Once this invoice has been raised, customers have a further 7 days during which time they can inform the Company that they no longer require the goods – in this case, a credit note will be issued and the goods will be returned to Company stock. If no such request is received, the invoice becomes due for payment whether or not the goods have been collected
17.1. b) Non-account customers who have paid for goods in advance – if goods have been paid for in advance and set aside for collection, these goods will be retained for a period of 30 days from the date of payment. If the goods have not been collected by this date, the Company reserves the right to issue a full refund and return the goods to Company stock
18. General Information
18.1. We act as an intermediary for a variety of suppliers and therefore the suppliers will fulfil the orders for products placed with us.
18.2. Whilst we accept requests for a telephone call from transport agencies to advise an approximate time of delivery, we cannot guarantee this service to our customers and it is not included in our specified delivery prices.
19. Extra Terms & Conditions regarding sales of Training Courses
19.1. The extra terms and conditions relating to sales of training courses can be found on the Grounds Training website
20. Gift Vouchers
20.1. Gift Vouchers are issued with an expiry date printed on them.
20.2. Gift Vouchers presented after their expiry date are void and cannot be exchanged or refunded.
20.3. Gift Vouchers cannot be exchanged for cash.
20.4. Gift Vouchers cannot be refunded or returned except in accordance with your legal rights.
20.5. We reserve the right to change any of the terms & conditions without notice.
20.6. We reserve the right to refuse to accept a gift voucher which it deems to have been tampered with, duplicated, damaged or which otherwise is suspected to be affected from fraud
20.7. Gift Vouchers are issued by: Agrovista UK Ltd
21. Other important terms
21.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
21.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
21.3. 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.
21.4. 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
21.5. 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.
21.6. Please note that these Terms are governed by English law. This means a Contract for the purchase of Product(s) through Our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.