1. Our Contract
1.1 These Terms and Conditions govern the supply of goods sold by Sustainable Drainage Centre Ltd (No. 8363505) of 374 Ashby Road, Coalville, Leicestsershire (hereinafter ‘we’ and ‘us’) to the customer (hereinafter ‘you’). Our VAT number is 155096208.
1.2 All orders placed by you and purchases of goods from us (whether by telephone, via our website or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us either (as applicable): (i) by delivery of the goods to you; or (ii) by providing the goods you have purchased to you at our trading address, at which point a legally binding contract is constituted between us.
1.3 The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.
2.1 On our website, you may place an order to purchase a product advertised for sale by following the on-screen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by continuing beyond checkout and subsequent payments pages.
2.2 All orders placed by you and purchases of goods by you from us are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
3. Price & Payment
3.1 The price payable for the goods you order or purchase is as set out on our website at the time you submit your order, plus any charges for delivery as advised to you. All prices include the current applicable VAT rate.
3.2. We reserve the right to change the price of commodity goods, at any time due to market conditions but we will confirm the prevailing price with you before accepting your order or purchase. We are not obliged to accept your order or purchase for such goods and may decline it or limit the order quantity.
3.3 Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.
3.4 Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
3.5 We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
3.6 For website orders, payment can be made by most major credit or debit cards or by PayPal, by completing the relevant details on the checkout page.
3.7 By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it.
3.8 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase.
3.9 We recommend that you do not communicate your payment card details to anyone, including us, by email. Subject to clause 9.5, we cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
3.10 If you are a trade customer, you are responsible for all orders placed by your employees and for any purchases made on cards issued to you and we are not bound by any individual order limit you may impose on your employees.
3.11 If you are a trade customer, you may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have.
3.12 We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.
3.13 The format of our invoice and statements to you will solely be dictated by us and we will not enter into any variation of our format unless any proposed variations are requested in writing at least six months in advance and expressly agreed by us.
3.14 In the event of non-payment of invoices for consultancy services rendered, we reserve the right to add reasonable administration charges for costs incurred in the process of recovering any outstanding money owed. This is in addition to any fees or interest amounts which can be added under the Late Payment of Commercial Debts (Interest) Act 1998.
4. Delivery & Title
4.1 Unless you choose to collect the goods from our trading address and except in exceptional circumstances (as contemplated in clause 12), we aim to deliver the goods in accordance with your order usually within the stated delivery time (except in exceptional circumstances) but not more than 30 days after the day you place your order, unless otherwise agreed between you and us, subject always to clause 6 and 12. We reserve the right to deliver an order in instalments by separate delivery shipments. Please refer to our website page which provides more information on our delivery policy including timescales.
4.2 Before placing your order, please ensure that we can deliver to your address. It is the customer's responsibility to make us aware of any local restrictions which may hinder or restrict deliveries to the nominated delivery address.
4.3 A valid signature may be required on collection or delivery and for large or heavy items, or items which are delivered on pallets, the customer is responsible for offloading of their items on arrival. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. We strongly suggest that you do not schedule or commence any installation work until after you have received your order and checked all the goods are suitable for your purposes and do not have any defects or missing parts.
4.4 For reasons of health and safety and to avoid any property damage, items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation, fitting or waste removal services upon delivery unless otherwise agreed by us in writing.
4.5 You must do all that you reasonably can to enable delivery to take place at the given time and place. We will inform you of the delivery day by email, and you should ensure that a person is available to inspect and accept the delivery. If you delay delivery, or delivery fails because you have not taken appropriate steps, or have failed to provide us with information as required under clause 4.2 above, we will endeavour to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery or any subsequent re-delivery, fails as a result of circumstances within your reasonable control, or due to any reasonably foreseeable issues or restrictions, any reasonable additional delivery costs shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the total of any failed delivery costs.
4.6 Without prejudice to clause 4.4, upon delivery of the goods to you or collection of the goods by you, the goods shall be at your risk and responsibility. Your responsibility for the items is deemed to commence when the items are delivered to, or left at, the designated delivery address provided to us.
4.7 Notwithstanding delivery or collection, ownership (also known as ‘title’) in the goods shall not pass to you until you have paid the price for the goods in full and, where other sums payable to us from you are overdue, you have paid those sums too. Until title in the goods passes from us to you, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost, separately from all other goods in your possession and marked in such a way that they are clearly identified as our property. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the goods, including the removal of goods which have been installed. You shall be responsible for any reasonable costs incurred for recovering such goods.