1. Use of Concrete2you.com
The concrete2you.com site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the concrete2you.com site you agree to be bound by these Terms and Conditions.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you during the check out process or via a suitable announcement on the concrete2you.com site. The changes will apply to the use of the concrete2you.com site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the concrete2you.com site. If you continue to use the concrete2you.com site after the date on which the change comes into effect, your use of the concrete2you.com site indicates your agreement to be bound by the new Terms and Conditions.
Please review our privacy notice. You acknowledge and agree to be bound by the terms of our Privacy notice.
4. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be processed. Once payment has been received by us we will confirm your order information with you over the telephone, using the number you provided during the check out process. We will then co-ordinate the despatch of the goods to the address provided by you on the order. In the unlikely event that the goods ordered are not available, we shall call you on the telephone number you provided during the check out process. We will arrange for your payment to be re-credited to your credit/debit card within 3-5 days.
5. Price and payment
5.1 The price payable for goods that you order are as set out in our website and will be displayed prior to completing the checkout process.
5.2 All major credit/debit cards are accepted and payment must be made in full prior to us accepting your order.
5.3 We reserve the right to charge an additional cost if the vehicle is held for longer than 30 minutes. Please see condition 8.2.
6. Right for you to cancel your contract
6.1 You may cancel your contract with us for the goods you order by no later than 24 hours prior to the beginning of the delivery time band period selected on your order. You do not have to pay any penalty for cancellation by this deadline. Please see condition 6.2 for cancellation after this 24 hour deadline.
6.2 If you wish to cancel your order for goods after the 24 hour deadline referred to in condition 6.1 above, since our goods are made to your order and are perishable, they are non-returnable unless prior agreement has been made with Concrete2You Central Administration team. Please note we reserve the right to charge an additional £200/m3 to cover the waste disposal costs.
6.3 Once you have notified us that you are cancelling your contract in accordance with condition 6.1 and/or condition 6.2, any sum debited to us from your credit/debit card will be re-credited to your account as soon as possible.
7. Cancellation by us
7.1 We reserve the right to cancel the contract between us if:
7.1.1 we have insufficient raw materials to manufacture and deliver the goods you have ordered;
7.1.2 we will cancel your contract if we deem that the delivery access area is unsafe for our vehicles to unload; and/or
7.1.3 we do not deliver to your postal code.
7.2 If we do cancel your contract we will notify you by telephone and/or e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible. We will not be obliged to offer any additional compensation for disappointment suffered.
8. Delivery of goods to you
8.1 Deliveries normally occur between 7am and 5pm* dependant on the two hour delivery time window you have selected between these hours during the checkout phase. Once your order has been placed you will be contacted and provided with an exact date and delivery window excluding bank holidays and plant shutdowns which are shown as ‘Unavailable’ time slots.
8.2 The price quoted for the goods includes the cost of delivery. We offer 30 minutes free waiting time to allow for the unloading of your order. This period starts from when the vehicle arrives which will be stated on the delivery ticket. We reserve the right to charge an additional cost of £100 per hour if the vehicle is kept for over 30 minutes. This payment (if needed) will be agreed with yourself when we call you directly, on the number provided to confirm the exact location details of your delivery to determine access requirements. If from this telephone call it is determined that additional unloading time is required then a pre-agreed amount will be authorised to the card you originally used to complete your order. This is usually charged at £100 per hour, over the original 30 minutes free unloading time. You will need to have your card details to hand as we are not authorised to keep your card details within our systems, and payment will be taken over a non-recorded device. If additional waiting time is incurred for reasons which are outside of your control then the waiver of this fee would need to be agreed with the Concrete2you Sales Office on a case by case basis via the telephone number provided.
8.3 Concrete2you.com deliver to all UK mainland addresses based on your delivery address being within drivable distance of one of our concrete plants. Your delivery postcode is entered by you at the beginning of the order process and you will not be able to continue with your order without this information. Delivery to an address other than your billing address is permitted. We do not deliver items to multiple addresses.
8.4 When contacted by concrete2you.com to arrange delivery please:
- 8.4.1 confirm address details and leave a daytime telephone number so that we can contact you if necessary on the day of delivery
- 8.4.2 take into account that it is advisable to have someone supporting the delivery that is able to direct the driver to where the goods are to be placed
- 8.4.3 advise concrete2you.com of any constraints which may restrict access to your address for our delivery vehicles.
8.5 We reserve the right to suspend a delivery without liability of any kind to you if we are unable to deliver for reasons beyond our control (see Condition 12)
8.6 Your order is accepted by us on the understanding that safe access can be obtained as specified by you at point of order. Our drivers are entitled to refuse delivery if they feel that there is a risk of damage to our vehicle and/or your property or injury to persons. Please note that where we are unable to deliver in these circumstances, we reserve the right to charge an additional £200/m3 to cover the waste disposal costs. This payment (if needed) will be agreed with yourself over the telephone, on the number provided via our Concrete2you website. You will need to have your card details to hand as we are not authorised to keep your card details within our systems, and payment will be taken over a non-recorded device.
8.7 If you request our driver to take our vehicle off the public highway, you accept that we are reliant on your knowledge of the area and you shall be liable for any damage to property or any injury caused.
8.8 You will need to provide a facility to wash out the delivery vehicle after the goods have been delivered. This could be a wheelbarrow, skip or a large tarpaulin sheet. Our drivers are not responsible for providing this facility.
9. Liability for goods
9.1 If the goods we deliver are not what you ordered or are defective, or of an incorrect quantity, we shall have no liability to you unless you notify us promptly upon the drivers’ arrival.
9.2 If you do not receive goods ordered by you within the agreed timed window
we shall have no liability to you unless you contact us immediately via telephone.
If you notify a problem to us under this condition, our only obligation will be, at your option:
- 9.2.1 to make good any shortage or non-delivery;
- 9.2.2 to replace any goods that are damaged or defective; or
- 9.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
9.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under Condition 9.2.3 above.
9.4 Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under English law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
10. Area calculation
We cannot be held responsible for under or over ordering of the goods. Whilst every attempt has been made to provide you with the ability to accurately calculate your goods requirements, we recommend you check all area calculations prior to confirming your order.
Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our contact address at Concrete2You, Aggregate Industries UK Ltd, Bardon Hill, Coalville, Leicestershire, LE67 1TL and all notices from us to you will be displayed on our website from to time.
12. Events beyond our control
12.1 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident. Concrete2you shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
Please do not book builders or hire equipment for the day of delivery in case of any
events resulting in the scheduled delivery being delayed.
13. Site use limitations
13.1 You may not use the concrete2you.com site for any of the following purposes:
- 13.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- 13.1.2 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- 13.1.3 gaining unauthorised access to other computer systems;
- 13.1.4 interfering with any other person's use or enjoyment of the simplypaving.com site;
- 13.1.5 breaching any laws concerning the use of public telecommunications networks;
- 13.1.6 interfering or disrupting networks or web sites connected to the concrete2you.com site; or
- 13.1.7 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Concrete2you.com reserves the right to refuse to post material on the concrete2you.com site or to remove material already posted on the concrete2you.com site.
13.2 You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
- 13.2.1 any claim by any third party that the use of the concrete2you.com site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- 13.2.2 any claim by any third party that the use of the concrete2you.com site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
- 13.2.3 any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the concrete2you.com site by you.
14. Availability of the concrete2you.com site
14.1 Although concrete2you.com aims to offer you the best service possible, concrete2you.com makes no promise that the services at the concrete2you.com site will meet your requirements. Concrete2you.com cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it by email to email@example.com and we will attempt to correct the fault as soon as we reasonably can.
14.2 Your access to the concrete2you.com site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Concrete2you.com will attempt to restore the service as soon as it reasonably can.
15. concrete2you.com’s liability for site use
15.1 The concrete2you.com site is provided by concrete2you.com without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
15.2 The concrete2you.com site provides content from other Internet sites or resources and while concrete2you.com tries to ensure that material included on the concrete2you.com site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Concrete2you.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the concrete2you.com site. If concrete2you.com is informed of any inaccuracies in the material on the site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- 15.2.1 incompatibility of the concrete2you.com site with any of your equipment, software or telecommunications links
- 15.2.2 technical problems including errors or interruptions of the concrete2you.com site
- 15.2.3 unsuitability, unreliability or inaccuracy of the concrete2you.com site
- 15.2.4 inadequacy of the concrete2you.com site to meet your requirements.
15.3 To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the concrete2you.com site.
15.4 Nothing in these Terms and Conditions shall exclude concrete2you.com’s liability for personal injury or death caused by its negligence.
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms and Conditions will not be affected.
17. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
18. Intellectual Property
18.1 The content of the concrete2you.com site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the concrete2you.com site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the concrete2you.com site without written permission from concrete2you.com.
18.2 No licence is granted to you in these Terms and Conditions to use any trademark of concrete2you.com or its affiliated companies including, without limitation, the trade marks concrete2you and concrete2you.com.
19. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
20. Entire agreement
21.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If you breach these Terms and Conditions and concrete2you.com ignores this, concrete2you.com will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
21.2 The concrete2you.com site is owned and operated by Aggregate Industries UK Ltd, with registered number 00245717 and registered office at Bardon Hall, Copt Oak Road, Markfield, Leicestershire, LE67 9PJ.
21.3 If you have any queries please contact firstname.lastname@example.org.