Terms of Sale
Terms and Conditions
This page tells you information about us and the legal terms and conditions on which we sell any of the products listed on our website to you.
In these conditions of sale:
The company/we/us means Beaver Soil N Mulch Limited, a company registered in England and Wales.
Correspondence address : Beaver Soil 'N' Mulch, Appleton village, Condie house, WA8 6EQ.
The customer means any person contracting with the company for the supply of products or services.
Delivery means delivery by the company (or any subcontractor engaged by the company directly or indirectly) to the address you gave us.
These conditions may only be modified by a variation in writing signed on behalf of the company by a Director.
Please read these conditions carefully and make sure you understand them before ordering any products from our website. If you refuse to accept these conditions you will not be able to order any products from this site. Submission of a purchase order online will be taken as agreement to these conditions of sale.
2. Supply of Products
Products are sold under the express understanding that: Contracts for the supply of goods or services to retail or domestic customers are governed by The Sale of Goods Act 1979 (as amended) and supplied in compliance with, Consumer Contracts (information, cancellation and Additional Charges) Regulations, (CCICAR). Any customers contacting in the course of their business are excluded from consumer protection legislation and are contacting with the company on a business to business basis.
The Company will inform the customer by email as soon as possible if the product ordered is not available and your order will not be processed. The company will confirm it has accepted your order by sending you an email that confirms the products have been dispatched. The contract between us will only be formed when we email the dispatch confirmation.
Products are sold under the express understanding that: contracts for the supply of goods or services to retail or domestic customers are governed by The Sale of Goods Act 1979 (as amended) and supplied in compliance with, The Consumer Protection (distance selling) regulations 2000 as amended by S1689 2005. Any customers contacting in the course of their business are excluded from consumer protection legislation and are contracting with the company on a business to business basis.
The images of the products on our website are for illustrative purposes only. We cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and/or colours of the physical products themselves. Natural products may show some colour variations and moisture content do vary depending on times of year. Although we have made every effort to be as accurate as possible. All sizes quoted are approximate.
The company requires any complaint about faulty or mis described products to be made in writing by the customer within 48 hours of collection or delivery.
If the customer is dissatisfied with the product then it must be returned to the company within 5 working days after the complaint has been logged. A refund will then be made for the original purchase price.
Payment must be taken before delivery for non account customers and 21 days from the month end for account customers.
The title to the goods shall be held by the company and shall not pass to the buyer until full payment for the goods has been received (including delivery charges).
Prices quoted are all-inclusive & delivered unless otherwise stated. It is always possible that despite our best efforts some of the products on our site may be incorrectly priced. If we discover an error in the price of the products we will inform you and will give you the option of continuing to purchase the product at the correct price or cancelling your order.
The company will make every effort to deliver on the agreed date, but if for any reason the company is unable to deliver the Company will have no liability to the customer whether in damages or otherwise for delay of whole or any part of the goods ordered arising from any cause whatsoever. If you are a customer and we are unable to deliver to you within 30 days of your order then we will notify you of this and cancel your order. Any payment you made will be refunded as soon as possible.
Delivery of orders with multiple items may be made in separate deliveries.
Delivery by the company shall be conditional upon access free from encumbrances and good roads being available to the delivery vehicles to the place of delivery.
The company will not accept any liability for damages to property caused during delivery, unless caused by the company's negligence.
If the company, or its agent cannot gain access to the delivery address then additional costs may be incurred by the customer.
Deliveries are made using large vehicles and it is the customer's responsibility to inform the company if there may be access problems.
The company will confirm the outcome by e-mail. In such cases that delivery, in the opinion of the company is not possible, then the company reserves the right to cancel the order. This above action must be completed before 12pm pm on the day prior to delivery. E-mail confirmation of orders also request the customer to contact the company if a delivery problem may occur. A list of likely problems are also enclosed on the e-mail confirmation.
Delivery vehicles use tail lift offloading, and it must be emphasised that the delivery vehicle must be able to park in an area where the delivery is to be made. A pallet trolley is then used to manoeuvre the products off the tail lift to the kerb side delivery point, the trolley can only be manoeuvred on a smooth level surface such as concrete, tarmac or paving (not gravel). The customer, or somebody appointed by the customer, should be at the delivery point to accept the delivery.
4. Cancellation/Returns Policy
1. The customer has the right to cancel any product or services except perishable goods which are listed in sub point 4 below. Any cancellation must be made within 48 hours of the goods being delivered. The Haulage fee will still be deducted from refund at a cost of £45 per pallet upon cancellation. Any complaints should be made with in 48 hours of receipt of goods. Please ensure the goods are inspected before being signed for and any damage caused in transit is noted on the proof of delivery when the goods are received as claims for damaged goods against the haulier/delivery company can not be made after the goods have been signed for as acceptable.
2. Cancellations can be advised by phone, however in the interests of clarity we advise that order cancelations should be made by one of the following methods:
a. Electronic Mail to firstname.lastname@example.org (due to data protection your order will not be cancelled until a member of our team has confirmed this via telephone call)
b. Letter to Beaver Soil 'N' Mulch Limited, Appleton Village, Condie house, WA8 6EQ. Letters will be deemed to have been received two working days following the postmark date.
3. Customers are required to return the goods, at their own expense, to an address specified by Beaver Soil n Mulch ltd, alternatively we can arrange the collection and return of the goods and deduct the costs of return from the refund due.
PLEASE NOTE RETURN CHARGES FOR PALLETISED GOODS MAY BE AS HIGH AS £50 PER PALLET, THIS WILL BE CHARGED ANYTIME FROM DESPATCH UNTIL DELIVERY.
4. Perishable goods are Turf, Worms, Shrubs and Living Plants. All other goods are non-perishable. 5. Perishable goods are excluded from cancellation under The Consumer Protection (distance selling) regulations 2000 as amended by S1689, 2005.
5. Order Amendments. Any order amendments must be made before goods are despatched. Despatch may be up to two working days prior to delivery. A unique amendment reference will be returned with your amendment confirmation email, this will be needed in any further correspondence or dispute. We are unable to amend orders after despatch.
6. Company's Premises. The customer will at all times be responsible for the security and insurance of their equipment. The customer will comply with all requirements of Health & Safety Legislation Delivery will be made on a kerb side delivery basis and will be the customers responsibility to move the compost, soil, turf etc. from the place of delivery to the area of use. The company accepts no responsibility for injury or damage caused to persons or equipment whilst on company premises.
7. Working days are Monday, Tuesday, Wednesday, Thursday, Friday. Saturday and Sunday are not working days.
These conditions and any contract or variation are governed by the law of England. Any disputes arising from these conditions or any contract or variation entered into by the company with the customer which cannot be settled in the ordinary course of business shall be referred to a single arbitrator in accordance with the arbitration act 1950 or any modification thereof for the time being in force.
This policy does not affect your statutory rights.