Terms and Conditions

Leafield Environmental Limited

Terms and Conditions

1. When the following words are used in these Terms, this is what they will mean:

business : any person who is not a customer consumer.

Business Day : a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

Contract : the contract between you and Us for the sale and purchase of the Goods, comprised by the Order and these Terms.

consumer : a natural person who enters into a Contract otherwise than in the course of his business.

Delivery : has the meaning given to it in Address clause 5.5.

Event Outside : has the meaning given to it in Our Control clause 14.2.

Goods : the goods (or any part of them) set out in the Order.

Order : your order for the Goods, which is placed with Us via either your purchase order or Our Website.

Order : has the meaning ascribed to it in Confirmation clause 2.3.

Terms : the terms and conditions set out in this document.

We/Our/Us : Leafield Environmental Limited, a company registered in England and Wales with company number 07405233 whose registered office is at Leafield Way, Leafield Industrial Estate, Corsham, Wiltshire, SN13 9UD.

Website :

Our website, in connection with the trading name you are ordering from;

leafield-environmental.co.uk
leafield-environmental.com

leafieldenvironmental.co.uk
leafieldenvironmental.com

leafieldhighway.com
leafieldhighway.co.uk

leafieldrecycle.com
leafieldrecycle.co.uk

Paxtonmaterialshandling.co.uk
Paxtonmaterialshandling.com

Paxtonagri.co.uk
Paxtonagri.com

leafieldcases.co.uk
leafieldcases.com

amberol.co.uk
amberol.com

2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

2.1. These are the terms and conditions on which We may supply Goods to you.

2.2. When you submit the Order to Us, this does not mean We have accepted your Order for Goods. The Order constitutes an offer by you to purchase the Goods in accordance with these Terms.  Our acceptance of the Order will take place as described in clause 2.3. If We are unable to supply you with the Goods, We will inform you of this and We will not process the Order.

2.3. These Terms will become binding on you and Us when We issue you with a written acceptance of an Order (“Order Acknowledgement”), at which point a Contract will come into existence between you and Us.

2.4. These Terms apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.5. A quotation for the Goods given by Us shall not constitute an offer. A quotation shall only be valid for a period of 40 Business Days from its date of issue or 20 Business days for goods not manufactured by us (“Factored Goods”).

2.6. If We are unable to supply you with any Goods, We will inform you of this in writing and We will not process your Order. If you have already paid for the Goods, We will refund you the full amount including any delivery costs charged as soon as possible.

3. OUR GOODS

3.1. The images of the Goods on Our Website and in Our catalogue or brochures 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 and/or the printed pictures in Our brochures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.

3.2. The packaging of the Goods may vary from that shown in images on Our Website and/or Our brochures.

4. CHANGES TO OUR TERMS

4.1. We may revise these Terms from time to time and every time you order Goods from Us, the Terms in force at the time of your order will apply to the Contract between you and Us.

4.2. If We 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 Goods or just the Goods you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

5. DELIVERY

5.1. We shall deliver the Goods to the Delivery Address at any time after the Goods are ready.

5.2. Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and the Delivery Address. If you have asked to collect the Goods from Our premises, you can collect the Goods from Us at any time during Our working hours of 8am to 4pm Monday to Thursday and 8am to 1pm Friday on a Business Day.

5.3. We will contact you with an estimated delivery date for the Goods, which will be within 30 days (except factored goods which may be longer) after the date of the Order Confirmation. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 14 for Our responsibilities if/when this happens.

5.4. If no one is available at the Delivery Address to take delivery of the Goods, We will leave you a note that the Goods have been returned to Our premises, in which case, please contact Us to rearrange delivery.

5.5. Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us in your Order (“Delivery Address”) and the Goods will be your responsibility from that time.

5.6. You own the Goods once We have received payment in full, including all applicable delivery charges.

The remaining provisions of this clause only apply if you are a consumer.

5.7. If We miss the 30 days (except factored goods which may be longer) delivery deadline for delivering any of the Goods to the Delivery Address, then you may cancel your Order straight

away if any of the following apply:

5.7.1. We have refused to deliver the Goods;or

5.7.2. you told Us before We accepted your Order that delivery within the delivery deadline was

essential.

5.8. If you do not wish to cancel your Order straight away, or do not have the right to do so under

clause 5.7, 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.

5.9. If you do choose to cancel your Order for late delivery under clause 5.7 or clause 5.8, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods 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 Goods and their delivery.

6. PRICE OF GOODS AND DELIVERY CHARGES

6.1. The prices of the Goods will be set out in Our price lists in force at the time We confirm your Order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system and/or Our Website. However please see clause

6.6 for what happens if We discover an error in the price of Goods you have ordered.

6.2. Prices for our Goods may change from time to time, but changes will not affect any order you have already placed with Us.

6.3. The price of the Goods excludes VAT (where applicable) at the applicable current rate

chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, We will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

6.4. The prices for the Goods may exclude delivery costs, which will then be added to the total amount due from you on the Contract. To check relevant delivery charges, please refer to our customer services team.

6.5. The prices for the Goods exclude installation costs.

6.6. Our Website contains a large number of Goods. It is always possible that, despite Our best efforts, some of the Goods on Our Website may be incorrectly priced. If We discover an error in the price of the Goods you have ordered We will contact you to inform you of this error and We will give you the option of continuing to purchase the Goods 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 Goods to you at the incorrect (lower) price.

7. HOW TO PAY

7.1. Where We are providing Goods to you, unless we have provided you with a credit account, you must make payment for Goods in advance by credit or debit card. We accept payment with Martercard and Visa. Since most goods are made to order we will charge your credit card when goods are sent for manufacture. Where we have provided you with a credit account, settlement of the account shall be made no later than 30 days after date of invoice without any discount or other deduction and without any deferment or set-off on account of disputes or cross claims unless otherwise agreed in writing.

7.2. Unless otherwise provided all sums shall be paid in pounds sterling at our principal places of business in the United Kingdom. Shouldpayments be in a different currency as provided under the contract then in the event of any devaluation of such currency after the date of the contract any prices or charges shall be increased in proportion with the alteration in the parity rate between such currency and sterling.

7.3. If you do not make any payment due to Us by the due date for payment, We may:

7.3.1. suspend any further deliveries of Goods to you; and/or

7.3.2. charge interest to you on the overdue amount at the rate of 2% above the base lending rate of Santander Bank Plc from time to time. Interest shall 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.

7.4. However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause

7.2 will not apply for the period of the dispute.

8. OUR WARRANTY FOR THE GOODS

8.1. We warrant that on delivery and for a period of 90 days from delivery, the Goods shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 8.2.

8.2. This warranty does not apply to any defect in the Goods arising from:

8.2.1. fair wear and tear;

8.2.2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any

third party;

8.2.3. if you fail to operate or use the Goods in accordance with the user instructions; and

8.2.4. any alteration or repair by you or by a third party who is not one of Our authorised repairers.

8.3. If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

9. OUR LIABILITY IF YOU ARE A BUSINESS

This clause 9 only applies if you are a business customer.

9.1. Nothing in these Terms limits or excludes our liability for:

9.1.1. death or personal injury caused by our negligence;

9.1.2. fraud or fraudulent misrepresentation;

9.1.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

9.1.4. defective Goods under the Consumer Protection Act 1987.

9.2. Subject to clause 9.1, We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

9.2.1. any loss of profits, sales, business, or revenue;

9.2.2. loss or corruption of data, information or software;

9.2.3. loss of business opportunity;

9.2.4. loss of anticipated savings;

9.2.5. loss of goodwill; or

9.2.6. any indirect or consequential loss.

9.3. Subject to clause 9.11, Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.

9.4. Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Goods are suitable for your purposes.

10. OUR LIABILITY IF YOU ARE A CONSUMER

This clause 10 only applies if you are a consumer.

10.1. 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 the Contract.

10.2. We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.3. We do not in any way exclude or limit Our liability for:

10.3.1. death or personal injury caused by our negligence;

10.3.2. fraud or fraudulent misrepresentation;

10.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

10.3.4. 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

10.3.5. defective Goods under the Consumer Protection Act 1987.

11. YOUR CONSUMER RIGHT OF RETURN AND REFUND

This clause 11 only applies if you are a consumer.

11.1. If you are a consumer, you have a legal right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“CC 2013”)during the period set out below in clause 11.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the Goods, you can notify Us of your decision to cancel the Contract and receive a refund. Please note that under CC 2013 goods manufactured to your particular specifications or

that have been clearly personalised are excluded from your right to cancel the Contract. In these circumstances We reserve the right to accept your cancellation at our absolute discretion and a restocking fee may be payable. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

11.2. 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:

11.3. To cancel a Contract, you just need to let Us know that you have decided to cancel. You can e-mail Us at [email protected] or contact Our customer services team by telephone on 01225 816500 or by post to Leafield Environmental, Corsham, SN13 9UD. If you are e-mailing 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. 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 e-mail Us before midnight on that day.

11.4. If you cancel your Contract We will:

11.4.1. refund you the price you paid for the Goods. However, please note We are permitted by law to reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

11.4.2. 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 (provided that this is a common and generally acceptable method). For example, if We offer delivery of a Goods within 3-5 days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then We will only refund what You would have paid for the cheaper delivery option.

11.4.3. make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

11. if you have received the Goods and We have not offered to collect it from you: 14 days after the day on which We receive the Goods back from you or, if earlier, the day on which you provide Us with evidence that you have sent the Goods back to Us. For information about how to return Goods to us, see clause 11.7;
12. if you have not received the Goods or you have received them and We have offered to collect it from you: 14 days after you inform Us of your decision to cancel the Contract.

11.5. If you have returned the Goods to Us under this clause 11 because they are faulty or misdescribed, We will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Goods to Us.

11.6. We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Goods, We may refund you in vouchers.

11.7. If the Goods have been delivered to you before you decide to cancel the Contract:

11.7.1. then you must return it to Us without undue delay and in any event not later than 14 days after the day on which you let Us know that you wish to cancel the Contract. Please return goods to Leafield Environmental, Leafield Way, Corsham, SN13 9UD.

11.7.2. unless the Goods are faulty or not as described (in this case, see clause 11.5), you will be responsible for the cost of returning the Goods to Us. If the Goods cannot be returned by post, We estimate that if you use the carrier which delivered the Goods to you, these costs should not exceed the sums we charged you for delivery. If We have offered to collect the Goods from you, We will charge you the direct cost to Us of collection.

11.8. Because you are a consumer, We are under a legal duty to supply Goods that are in conformity with the Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 11 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

12. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

12.1. We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:

12.1.1. We will promptly contact you to let you know; and

12.1.2. if you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you.

13. USE OF OUR WEBSITE

13.1. If you place your Order with Us using Our Website, your use of Our Website is governed by Our “terms of website use” and “acceptable use policy”. Please take the time to read these, as they include important terms which apply to you. If you are a consumer:

13.2. If you are a consumer, you may only purchase Goods from Our Website if you are at least 18 years old.

If you are a business customer:

13.3. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use Our Website to purchase Goods.

13.4. These Terms and our “privacy policy”, “terms of website use” and “website acceptable use policy” constitutes the entire agreement between you and Us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

13.5. You acknowledge that in entering into the Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

13.6. You and We agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

14. 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 the 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 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.

14.3. If an Event Outside Our Control takes place that affects the performance of Our obligations under the Contract:

14.3.1. We will contact you as soon as reasonably possible to notify you; and

14.3.2. Our obligations under the 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 Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.

14.4. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact Us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and We will refund the price you have paid, including any delivery charges.

15. COMMUNICATIONS BETWEEN US

15.1. When We refer, in these Terms, to “in writing”, this will include e-mail.

15.2. Contacting Us if you are a consumer:

15.2.1. To cancel a Contract in accordance with your legal right to do so as set out in clause 11, 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 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 [email protected] or contact Our customer services team by telephone on 01225 816509 or by post to Leafield Environmental Limited, Corsham SN13 9UD. 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.

15.2.2. If you wish to contact Us for any other reason, including because you have any complaints, you can contact Us by telephoning Our customer service team at 01225 816500 Option 1,Option 4 or by e-mailing Us at [email protected].

15.2.3. 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.

15.3. Contacting Us if you are a business:

15.3.1. Any notice or other communication given by you to Us, or by Us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class recorded delivery post or other next working day delivery service providing proof of delivery or e-mail.

15.3.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.

15.3.3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

15.3.4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

16. OTHER IMPORTANT TERMS

16.1. We may transfer Our rights and obligations under the Contract to another organisation, but this will not affect your rights under these Terms.

16.2. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing. However if you are a consumer and you have purchased any Goods as a gift, you may transfer the benefit of Our warranty in clause 8 to the recipient of the gift without needing to ask Our consent.

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. However, if you are a consumer, the recipient of your gift of any Goods will have the benefit of Our warranty at clause 8, but We and you will not need their consent to cancel or make any changes to these Terms.

16.4. Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses 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. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Goods 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 exclusive jurisdiction.

16.7. If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including noncontractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

16.8. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including noncontractual disputes or claims).