Last updated: 15 May 2013
WEBSITE TERMS AND CONDITIONS OF SUPPLY TO CONSUMERS 2012
THESE TERMS AND CONDITIONS ARE ONLY APPLICABLE TO OUR CONSUMER CUSTOMERS. IF YOU ARE MAKING A PURCHASE IN CONNECTION WITH YOUR BUSINESS, PLEASE CONTACT US TO COMPLETE YOUR PURCHASE USING OUR BUSINESS TERMS AND CONDITIONS
This page (together with our Privacy Statement and Terms of Website Use) gives you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
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 have any questions about them, or do not wish to accept them, please contact us at: email@example.com, or on 0800 1 218 218 before continuing. For the avoidance of doubt, these Terms will apply to the Contract unless we agree to different terms with you in writing.
Please tick the box provided to indicate that you accept these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms, or save them to your computer, for future reference, as we do not retain a copy of this Contract. You can click on "Print this page" at the top of this document to print this page.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms will have the date noted at the bottom of the page to indicate when they were most recently updated.
These Terms, and any Contract between us, are only in the English language.
- Information about us
1.1 We operate the website www.buyconcrete.co.uk. We are Tarmac Trading Limited, a company registered in England and Wales under company number 0453791 and with our registered office at Portland House, Bickenhill Lane, Solihull, Birmingham, B37 7BQ. Our main trading address is also Portland House, Bickenhill Lane, Solihull, Birmingham, B37 7BQ. Our VAT number is 143 7761 02.
1.2 To contact us, please fill out the form on our Contact Us page.
- Our Products
2.1 Any images of the Products on our site are for illustrative purposes only.
2.2 Our site offers you the opportunity to use our "volume calculator" which can assist you in determining how much Product you will need for the project you are working on. This calculator is provided to offer an initial idea of how much Product you will need, but it should not be used as the only method of calculating how much Product you need, as the calculator uses a uniform volume whereas each project will vary in shape and size. You will be responsible for entering the correct measurements, and you will need to ensure you add volumes to your order, to cover any wastage. The Products will shrink after setting, and you should refer to our FAQs for more information about the constitution of the Products. Where appropriate, you should seek expert assistance in terms of determining whether the Product selected, and the quantities ordered, are both suitable, and sufficient, for your particular requirements. Please note that the "volume calculator" will round-up any volumes to the nearest decimal point.
2.3 All Products shown on our site are subject to the availability of the Product from one of our local "minimix" concrete plants. We will call or email you as soon as possible before delivery, if the Product you have ordered is not available, and we will endeavour to make alternative arrangements in such instances. Please refer to our FAQs for further information on what happens should the Products be unavailable for delivery.
- Use of our site
Your use of our site is governed by our Privacy Statementand Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
- How we use your personal information
4.1 We will at all times comply with the terms of the Data Protection Act 1998 and we will only use your personal information in accordance with our Privacy Statement. For further information on how we use and protect personal data, please read our Privacy Statement. Please take the time to read these, as they include important terms which apply to you.
4.2 We intend to rely upon these Terms and our Privacy Statement and Terms of Website Use in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed to you in writing.
4.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
- How the contract is formed between you and us
5.1 For the steps you need to take to place on Order on our site, please see our How To page.
5.2 Once you are ready to make a purchase click on "Checkout" to complete your Order.
5.3 If this is your first Order, you will have the opportunity to register with us using your email address, and you will also be asked to create a password. You must keep this password confidential, and must not disclose it or share it with anyone. If you have already registered with us, you may enter your log-in details to access your account. Alternatively, you may also checkout as a "Guest", and please follow the online prompts to use this purchasing option.
5.4 Once you have selected your Product type, volume, and delivery date, you will be asked to confirm that your Order details (including your given billing and delivery address) are correct on the 'Review' screen, as part of the buyconcrete.co.uk checkout process. If it is not correct, you can revisit your Order and amend the Product type, volume or delivery date (and any of your personal information) before continuing to checkout and pay for your items. It is your responsibility to ensure that you Order is correct before submitting it to us. If you have any problems with your Order, please call us immediately. Please print out and keep your Order Received Email and Order Confirmation Email for reference. The information provided on our site is designed to provide you with an indication of the types of purposes for which the Products may be used. Product specifications or Application descriptions - which can be viewed by clicking on each application image or visiting the Applications page are based on guidance on selecting concrete from the relevant British/European standards. However, it is your responsibility to seek your own advice in terms of whether the selected Product is suitable for your specific requirements.
5.5 After you place an Order, you will receive an email from us acknowledging that we have received your Order (Order Received E-mail). 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 5.6.
5.6 We will confirm our acceptance of your Order, by sending you an email that confirms our acceptance (Order Confirmation Email). Before you receive this Order Confirmation Email, one of our representatives will call you to arrange a suitable delivery time for your Products, based on the delivery date and "am" or "pm" preference slot that you provided as part of your Order. Your Contract with us shall be formed once you are in receipt of the Order Confirmation Email. For the avoidance of doubt, the taking of payment from you by us does not indicate that a Contract has been formed between you and us. By completing and submitting the electronic order form including your payment details you are making an offer to purchase Products which, if accepted by us, will result in a binding Contract. Payment will be refunded to you if your offer is later refused or rejected by us. For more information on when your offer is accepted by Tarmac and when the Contract is formed please see the FAQs.
5.7 If we are unable to supply you with Products, for example because that Product is no longer available at our local "minimix" concrete plant as a result of an Event Outside Our Control, we will inform you of this by email and by telephone as soon as possible. If you have already paid for the Products, we will refund you the full amount as soon as possible, and in any event within 30 days of you being notified that we are unable to accommodate your Order.
- 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;
6.1.2 changes in relevant laws and regulatory requirements; and
6.1.3 changes in the way that we operate and manage our business.
6.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6.3 Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and we will include the relevant date at the bottom of this page.
- Your cancellation and refund rights
7.1 We are happy for you to cancel the Contract before delivery of the Products to you, provided that you provide us with at least 6 working hours' (8am to 5pm Monday to Friday, but excluding Saturdays, Sundays and Bank Holidays) prior notice (Cancellation Period).
7.2 To cancel a Contract, please call us immediately. You will receive an email to confirm that the Contract has been cancelled. You may wish to keep a copy of your cancellation notification for your own records.
7.3 You will receive a full refund of the price you paid for the Products, along with any applicable delivery charges you paid, where you cancel within the Cancellation Period. 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 in clause 7.1. If you returned the Products to us because they were faulty or mis-described, please see clause 7.5.
7.4 Except where the terms of clause 7.5 below apply, any cancellation after the expiry of the Cancellation Period may result in you having to pay for the Products in full. We reserve the right to charge you in full where we have already prepared the Products ready for dispatch, and where we are unable to re-allocate the Products to another customer. Where you are not at home to receive the Products at the agreed time set out in your Order Confirmation, or where you have not cancelled your Contract in accordance with the provisions of clause 7.1, we reserve the right to also charge you for the costs that we properly incur for safely disposing of the Products that you have ordered. Information about the likely cost of such disposal is set out in our FAQs. Where such additional charges become payable by you, we will need call you to obtain your payment details.
7.5 If you have cancelled your Contract under this clause 7 because the Products were faulty or mis-described, you will need to notify us within 24 hours of you discovering any problems with the Products. Where it is proved that the Products are defective, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in connection with the cancellation. Please refer to clause 12.3 for further information about how to notify us of defective Products and to learn about the warranties that we offer in respect of these Products.
7.6 We will refund you on the credit card or debit card used by you to pay.
7.7 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 7 or these Terms.
8.1 Your Order will be fulfilled by the estimated delivery date and time set out in the Order Confirmation Email, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery time and date because of an Event Outside Our Control, we will call you to inform you of this, and we will process a refund for your Order.
8.2 Delivery will be completed when we deliver the Products to the delivery address you gave us in your Order. Our drivers will be responsible for unloading the Products from the delivery vehicle, but you will be responsible for making arrangements to have the Products moved to your required location, if this is not where our driver is able to unload the Products. For example, where our driver is unable to offload the Products in the exact place of delivery at your delivery address, for example, where it is not possible for our truck to safely access such area, you will need to arrange for the Products to be moved to the required location.
8.3 It is your responsibility to ensure that you have safe and adequate access for our delivery vehicle to park safely at your property. Information as to the minimum access requirements is be set out on the Our Trucks page and you will need to indicate and confirm that our vehicle will be able to reach you. In addition, where you ask us to unload the Products on a street, public highway or a public footpath, you will be responsible for complying with any legal requirements relating to the unloading o the Products at these locations. You may be required to obtain a licence for this in some instances. Where you fail to comply with any legal requirements which may apply to the unloading location that you specify to us, you will be responsible for compensating us for the losses that we suffer as a result of any failure, by you, to obtain the necessary legal consents.
8.4 It is also your responsibility to confirm that you will not require more than 30 minutes to unload the Products from our vehicle. The price payable for the Products includes this 30 minute unloading period, however, additional charges will be applicable where you need longer than 30 minutes to unload, and these "waiting charges", along with details as to how payment for such charges will be made in our FAQs. These charges are payable to reflect the losses we will suffer by being delayed for making further deliveries to our other customers.
8.5 The Products will be your responsibility from the completion of delivery.
8.6 You own the Products once the Products have been unloaded from our vehicle.
8.7 Where the Products have been delivered to you, you will be responsible for disposing of the Products in a safe and legally compliant manner. Please see our FAQs for more information on how to safely dispose of your Products.
- Delivery Restrictions
9.1 Unfortunately, we do not deliver to any addresses outside the UK, and there may be some locations within the UK that we are unable to deliver to. You will be asked to input your post code at the start of the order process and the system will let you know if we are unable to accommodate your Order. You will not be able to place an Order if we cannot deliver to your postcode.
- Price of products and delivery charges
10.1 The prices of the Products will be calculated on the basis of the information provided by you at the time you place your Order. Our prices are based on the volume in metres cubed of the Products ordered by you, application or type, and your postcode. The price will be calculated before you checkout, and represents the total charge payable by you for the Products, which includes delivery to the address you have specified. The price includes VAT, part loads charges, delivery costs and 30 minutes waiting time only. We take all reasonable care to ensure that the prices of Products 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 10.5 for what happens in this event.
10.2 The prices confirmed within the Order Confirmation Email are based on an assumed unloading time of less than 30 minutes. Additional charges will be payable where you require more time to unload the Products from our vehicle. Please see clause 8.3 for further information on these charges.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
10.4 The price of a Product does include delivery charges.
10.5 It is always possible that, despite our reasonable efforts, the costs indicated to you using our volume calculator may be incorrect as a result of technical issues. We will normally check prices as part of our dispatch procedures so that:
10.5.1 where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, 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 Products to you at the incorrect (lower) price; and
10.5.2 if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to 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 accordingly.
- How to pay
11.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Visa Electron, MasterCard, Maestro, American Express, Diner's Club and JCB.
11.2 Payment for the Products and all applicable delivery charges is payable in advance and your card will be charged at the point that you place your Order. Once payment has been processed, you will receive an Order Received Email from us. Please note that this does not represent acceptance of your Order by us, and you will be emailed separately with the Order Confirmation Email.
11.3 Our website is designed to deliver the best possible secure on-line shopping experience to our customers, and features safe and encrypted transactions powered by SagePay and certified by a PCI DSS Level 1 payment service provider.
11.4 For the avoidance of doubt, a Contract is not formed at the point in time that payment has been taken from you by us nor at the point in time that you receive the Order Received E-mail. A Contract will only be formed once you are in receipt of the Order Confirmation Email.
- Our warranty for the Products
12.1 In connection with the Products, we provide a warranty that, on delivery, the Products shall be free from material defects and shall comply with the specifications included on our site. However, this warranty does not apply in the circumstances described in clause 12.2.
IMPORTANT NOTICE:This warranty reflects the nature of the Products and the limited shelf life of the Products, and also recognises your responsibility to follow the instructions given to you on the use and storage of the Products.
12.2 The warranty in clause 12.1 does not apply to any defect in the Products arising from:
12.2.1 any additions or modifications made by you or by a third party to the Products following unloading;
12.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; or
12.2.3 if you fail to use the Products in accordance with the user instructions or in accordance with the generally accepted use for such Products.
It is recommended that you seek expert advice and support when using our Products so that you are confident that the Products ordered are fit for the purpose for which you wish to use it.
IMPORTANT NOTE: The Products are intended to be used for multiple purposes, and it is your responsibility to satisfy yourself of the suitability of your chosen Product for the particular work you will be carrying out. The information provide on our website is intended to be used for information and guidance purposes only.
It is also essential that you comply with all instructions and guidance provided to you in connection with your use of the Products. If you have any doubts as to the suitability of the Products for your intended purpose, you should seek expert advice and, where appropriate, engage persons of suitable expertise to deal with the Products. We will not be liable to you for any losses or damage you suffer as a result of any of the actions set out in this clause 12.2.
12.3 Where you discover any problems with the Products, please call us as soon as possible, and in any event within 28 days of discovering such problems. We will work with you to determine the nature of such problems, and to ascertain whether or not the problem was as a result of:
12.3.1 a fault existing at the time of delivery; or
12.3.2 whether the problem has arisen as a result of any actions or lack of actions on your part to use or deal with the Products in the correct way.
We retain batch samples of all Products sent out for delivery, and these will be used to ascertain whether or not the Products delivered to you were compliant with the relevant specification.
12.4 This warranty will not apply:
12.4.1 in connection with the resulting strength or other quality of the Products where you have added anything to them (other than as directed by us); or
12.4.2 should a different amount of water be used in the mixing of the Products than shall have been recommended by us; or
12.4.3 for failure or faults in the Products which arise a result of placing by you, or as a result of the effects of frost, heat or inclement weather conditions.
12.5 This warranty is in addition to your legal rights in relation to Products that are faulty, not fit for purpose, or not as described.
- Our liability
13.1 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 they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2 Any liability that we incur under these Terms and Conditions will be limited to the cost of supplying replacement Products to you, and to refund any sums already paid to you, including delivery charges.
13.3 We only supply the Products to you 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 loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 We do not in any way exclude or limit our liability for:
13.4.1 death or personal injury caused by our negligence;
13.4.2 fraud or fraudulent misrepresentation;
13.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
13.4.4 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
13.4.5 defective products under the Consumer Protection Act 1987.
IMPORTANT NOTE: For the avoidance of doubt, we will not be liable to you for any costs or expenses in connection with any of the circumstances described in clause 12.2 or 12.4 above. In such instances, where an investigation identifies the cause of the problem to be related to your actions, you will be solely responsible for the costs that you incur as a result of the same.
- Events outside our control
14.1 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 in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation an unscheduled closure or any of our local depots, 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, poor traffic conditions, fire, explosion, storm, poor weather conditions such as snow, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility or impractical of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
14.3.1 we will contact you as soon as reasonably possible to notify you; and
14.3.2 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 Products to you, we will cancel your Order and arrange for your payment to be refunded within 30 days.
- Communications between us
15.1 When we refer, in these Terms, to "in writing", this will include email.
15.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email at firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by email. If you are exercising your right to cancel under clause 7, please see that clause 7 for how to tell us this.
15.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your Order.
- Other important terms
16.1 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.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3 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.
16.4 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.
16.5 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.
16.6 Please note that these Terms are governed by English law. 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 English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
Last updated: 07 December 2015
ALTERNATIVE DISPUTE RESOLUTION or 'ADR'
ADR is a process where an independent and impartial third party considers the evidence in a dispute and either makes a decision to settle the dispute, offers a view on a possible resolution or otherwise helps the parties to come to an agreement. It is an alternative to pursuing a case through the courts.
A full list of UK approved ADR providers and more information on ADR can be found at: www.tradingstandards.uk/advice/ADRApprovedBodies.cfm
At present we do not subscribe to ADR using such ADR providers because our aim is to resolve any complaint efficiently and professionally through our own Customer Services team.
Also, with effect from 15 February 2016, the European Commission has established its own online dispute resolution (ODR) platform which can be accessed at: http://ec.europa.eu/odr
Should you have any queries in relation to this, please email email@example.com