? Landscapes-Direct - Landscaping Design & Build Supplies
Conditions of Use

All customers should read our Terms and Conditions and Privacy policies carefully before placing an order with Landscapes Direct.

This website is operated by Landscapes Direct (referred to as "Landscapes Direct/we/our/us"). Our company details are:- AG Industries Ltd t/as Landscapes Direct, company registration number 9255284. Our registered office and address is:- 46 Buckland Road, Penmill Trading Estate, Yeovil, Somerset BA21 5EL. As a user of LD-UK.com (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions as stated below.

  • Please read through these terms and conditions carefully before using this website.
  • We advise that you keep a printed copy for future use.
General Terms and Conditions

We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted in this area of the website. It is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

The services available via LD-UK.com will require your registration to the website, and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable. Your account details must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately.

Orders

The Company reserves the right to decline to trade with any company or person or to impose reasonable conditions prior to accepting any order (such as, by way of example, the provision of a valid landline phone number or the prior receipt of cleared funds by the Company) where the Company considers it reasonably necessary for security or fraud prevention purposes.

To avoid duplication, written confirmation of telephone orders must be clearly marked 'Confirmation only'. The Company will not accept liability for orders not so marked and duplicate orders will be charged accordingly. Once accepted, no order may be cancelled without the prior written agreement of a director of the Company. Orders for Goods are accepted by the Company by dispatching the Goods provided, however, that dispatch will not be acceptance where the price for the Supplies has been incorrectly quoted or referenced by the Customer in its order. At the date of issue of these Conditions the following Small Order Handling Charges apply:

A. In relation to all orders placed by account holding customers and by non account customers

i. Orders up to 74.99 (ex VAT) - charge 7.99 (inc VAT);

At the date of issue of these Conditions the following Special Timed Delivery Charges apply. These Special Timed Delivery Charges will apply in addition to the Small Order Handling Charges above:

B. In relation to all orders placed by account holding customers and by non account customers:

i. Before Noon - 9.99 (ex VAT)
ii. Before 10.30am - 12.99 (ex VAT)
iii. Before 9am - 24.99 (ex VAT)
iv. Saturday delivery - 19.99 (ex VAT)

The Company reserves the right to increase or re-classify these charges at any time, including in the event that its costs of delivery increase.

Please note that an additional charge of 25.00 (+VAT) larger items such as Planters or Water Features.

Delivery

The Company will use all reasonable endeavours to dispatch Goods ordered before 3pm Monday to Friday on the same day. Such deliveries are usually offered free of charge but may be subject to the handling charges referred to above. The Company reserves the right generally to change its policy on charges for delivery (including imposing charges on orders not yet placed and accepted by the Company) at any time and to pass on any fuel surcharges imposed on it. The Company reserves the right to levy a delivery and/or handling charge in the amount notified to the Customer prior to dispatch for delivery of heavy or bulky items. For urgent deliveries the Company offers a special next day delivery service, the details and cost of which are referred to in condition 6 above.

The Customer may request delivery or performance by instalments for up to 12 months from the date of order.

The Company reserves the right to deliver or perform by instalments. Failure to meet a delivery or performance date where deliveries or performance are by instalment shall not prevent or restrict the Company from making further deliveries or rendering subsequent performance under the relevant Contract by instalment.

Delivery will be made to the address specified by the Customer.

The Company may use any method of delivery available to it. The Company will use reasonable endeavours to meet delivery and/or performance estimates but, in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance. Time for delivery and/or performance will not be of the essence.

The Company reserves the right to delay dispatch for a number of reasons, including to perform any necessary credit or anti-fraud checks or procedures or to ensure that payment has been received in cleared funds in full. Where dispatch is delayed for such reasons the Company will use reasonable endeavours to inform the Customer.

Inspection, Defects and Non-Delivery

The Customer must inspect the Supplies as soon as is reasonably practicable after delivery or, in the case of Services, performance and, the Company shall not be liable for any defect in the Supplies unless written notice is given to the Company within 10 days of such date. The Company does not write software comprised in the Goods and it is the Customer's responsibility to check for the presence of computer viruses before the Goods are used. The quantity of any consignment of Goods, as recorded by the Company upon dispatch from the Company's place of business, shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary. The Company will not be liable for any non-delivery of Goods or non-performance of Services unless written notice is given to the Company within 5 days of the date when Goods should have been delivered or the Services performed in the ordinary course of events. Subject to 16(i) below, any liability of the Company for non-delivery or non performance or for Goods notified as defective on delivery or Services notified as defective following performance in accordance with this Condition will be limited to replacing the Goods or re-performing the Services within a reasonable time or to refunding the price they paid in respect of such Supplies.

Returns

Except as detailed below, no order can be cancelled or accepted for credit without the prior written agreement of the Company. If cancellation/credit is accepted by the Company, the Customer must obtain a returns authorisation number from the Company prior to returning the Goods. Goods must then be returned, at the Customer's risk and expense, for receipt by the Company within 7 days of their delivery by the Company and must be undamaged, in re-saleable condition and in original packaging (which shall include any of the Company's outer packaging). The Customer should return the Goods to "The Returns Department, Landscapes direct, Acresfield Barns, Acres Lane Upton, Chester CH2 1LJ" quoting the Customer's account number, postcode and order number. The Customer is responsible for returning Goods to the Company and for providing proof of delivery of such return.

Certain Goods are excluded from this right of return, including bare root hedging, manuals which have been opened and specially constructed items. Goods returned after 7 days as 'unwanted' or 'incorrectly ordered' may be accepted at the discretion of the Company but will be subject to a restocking fee of 30% of the invoice value of the Goods.

Goods that consist of specially constructed or contain any of the hazardous substances referred to in the Directive 2002/95/EC on the Restriction of the Use of Certain Hazardous Substances in Electrical or Electronic Equipment may not be returned under this Condition. Any Goods which are not in the catalogue or are non-stock items may not be returned under this Condition. Any static-sensitive Goods supplied in sealed packaging may not be returned if the blister or 'peel' packs in which they are supplied have been opened, tampered with or damaged

Payment

Once you place your order through our website, a sales representative will contact you to confirm your order and to take payment details.

All goods are subject to availability. In the event that we are unable to supply goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.

The price you pay is the price displayed on this website at the time we receive your order with the following exception. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Payment can be made using credit or debit card or cheque. Goods will only be dispatched once payment has been received.

All product prices exclude VAT and delivery charges, unless otherwise stated. You will be made aware of any VAT and delivery charges before the completion of your order (see Shipping & Returns for further details).

Interlectual Property

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us, or our licensors.

You acknowledge and agree that the material and content contained within this website is made available for your personal use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Liability and Indemnity

Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability, which may not otherwise be limited or excluded under applicable law.

Landscapes Direct will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. Landscapes Direct will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website Landscapes Direct accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

Other than as expressly provided in these terms and conditions with respect to specific products and exceptions set out at Section 5, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

Landscapes Direct will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

  • "economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
  • " loss of goodwill or reputation; or
  • " special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

Notwithstanding the above, Landscapes Directs aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

Miscellaneous Provisions

The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

Landscapes Direct shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

We may provide links to other websites or resources relating to our products for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external websites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

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