1- These Terms

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(a) What these Terms Cover: These Terms contain the terms and conditions on which we supply the Products to you, including our range of agricultural and horticultural structures (which are made available through our Site). Please read these Terms carefully before you accept these Terms (by ordering Products from us).

(b) How to tell us about problems: If you have any questions, feedback or complaints about the Products, please contact us to discuss using our contact details below.

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Our contact details:

Polyspan Ltd, a company established in England and Wales. Our company registration number is 15223575.

Phone number: +44 7778 071777

Geographical address: Unit 1, Strands Barn, Strand Farm Ct, Hornby, Lancaster LA2 8JF, Hornby, Lancaster LA2 8JF, England

Email address: dan@polyspan.co.uk

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2 - Introduction

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This website (Site) is operated by Polyspan Ltd, a company registered in England and Wales, with company registration number 15223575 (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products (Products) through the Site.

 

3 - Use of the Site

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(a) You accept these Terms by placing an order via the Site.

(b) You must not use the Site and/or place an order for Products through the Site unless you are at least 16 years old.

(c) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(1) Anything that would constitute a breach of an individual’s privacy or any other legal rights;

(2) Using the Site to defame, harass, threaten, menace or offend any person;

(3) Using the Site for unlawful purposes;

(4) Interfering with any user of the Site;

(5) Tampering with or modifying the Site (including by transmitting viruses and using trojan horses);

(6) Using the Site to send unsolicited electronic messages;

(7) Using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(8) - facilitating or assisting a third party to do any of the above acts.

(d) All personal data that you give to us will be treated in accordance with our privacy policy. You can find our privacy policy at [insert link].

 

4 - Orders

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(a) You may order Products from us as set out on the Site. If you place an order for Products on our Site, you are making an order to purchase the Product(s) for the price listed on the Site (which includes delivery charges, unless otherwise specified on the Site).

(b) It is your responsibility to check the order details, including selected Products and pricing and inputting your details, before you submit your order through the Site. Once you submit an order successfully on the Site, a binding agreement is formed for the supply of Products to you in accordance with these Terms.

(c) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email and we will contact you to confirm delivery details.

(d) If you would like us to install the Products, you can ask us to provide you with a quote, which is separate from the supply of the Products under these Terms.

(e) All purchases made through the Site are subject to availability. We do our best to keep Products in stock and to keep the Site up to date with the availability of Products. Due to market conditions outside our control, sometimes we will need to substitute certain Products in your order. We will always aim to substitute Products with other similar products. If you are not happy with any substitution, please contact our team via the contact details at the beginning of these Terms or on our Site.

(f) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Products you order (for example for an event beyond our reasonable control) or if the Products ordered were subject to an error on our Site (for example they were out of stock or in relation to a description, price or image). We will contact you using the details you provided when you placed your order and provide you with a full refund within 30 days.

 

5 - Price and payments

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(a) You must pay us the purchase price of each Product you order (the Price) in accordance with this clause. All amounts are stated in pounds, being the currency of the UK from time to time, and are inclusive of value added tax (or any equivalent tax in the UK) (VAT), (where applicable).  

(b) You must pay the Price upfront using one of the methods set out on the Site.

(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(d) The payment methods we offer are set out on the Site. We may offer payment through third-party providers, Stripe, Apply Pay and/or Google Pay. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

(e) We may, from time to time, issue promotional discount codes for certain Products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

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6 - Supply of the Products

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(a) In consideration of your payment of the Price, we will provide the Products in accordance with these Terms and all applicable laws, whether ourselves or through our personnel.

(b) We warrant to you that the Products will be provided using reasonable care and skill.

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7 - Delivery, title and risk

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(a) We will deliver the Products to the delivery address which we confirm with you after you have made your order. We currently deliver to the areas, within the UK only, as set out on the Site or notified by us to you.

(b) We will aim to deliver the Products to you within the period notified to you, however sometimes due to reasons beyond our control, we may not be able to, and we will not be liable for any delay or inability to deliver an order within this delivery period.

(c) If you need to change the delivery day or delivery address, please notify us immediately in writing or by phone.

(d)We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the Products at your premises.

(e) Title to the Products will remain with us until you have paid the Price in full for the Products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the Product.

(f) Risk in the Products will pass to you when the Products have come into your physical possession.

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8 - Change of mind returns – Consumers Only

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(a) This clause 8 only applies if you are a consumer, as defined under the Consumer Rights Act 2015.

(b) You have 14 days after the day you (or someone you nominate) receive the Products, to change your mind and cancel these Terms. Where the Products are split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receives the last delivery, to change your mind.

(c) When you don't have the right to change your mind: You do not have a right to change your mind in respect of:

(1) Products you have damaged, or that are no longer in their original condition (including where you have cut tags off); and

(2) any Products which become mixed inseparably with other items after their delivery.

(d) Tell us you want to cancel these Terms: If you want to cancel or terminate these Terms and request a change of mind return, you should use the Model Cancellation Form at Attachment 1 and email us using the contact details at the start of these Terms.

 

9 - Returning Products to us

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(a) Returning Products after you cancel these Terms: If you cancel these Terms for any reason after the Products have been dispatched to you, you must return them to us. If you are a consumer exercising your right to change your mind under clause 8, you must send the Products back to us within 7 days of telling us you wish to cancel these Terms.

(b) Costs of return: We will pay the costs of return:

(1) if the Products are faulty or misdescribed; and

(2) if there is an error in pricing or description, or a delay in delivery due to events outside our control.

(c) Other than as set out above, in all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

(d) Deductions from refunds if you are exercising your right to change your mind: If you are exercising your right to change your mind and returning goods to us, we may reduce your refund of the Price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your mishandling. If we refund you the Price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and

(e) When your refund will be made: We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind under clause 8, your refund will be made within 30 days from the day on which we receive the relevant Products back from you.

 

10 - Limitations on and exclusions to our liability

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(a) Neither Party may benefit from the limitations and exclusions set out in this clause 10 in respect of any liability arising from its deliberate default.

(b) The restrictions on liability in this clause 10 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.

(c) Nothing in these Terms limits any liability which cannot legally be limited, including liability for:

(1) death or personal injury caused by negligence;

(2) fraud or fraudulent misrepresentation;

(3) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and

(4) defective products under the Consumer Protection Act 1987.

(d) Subject to clauses 10(a) (no limitation in respect of deliberate default) and 10(c) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:

(1) If you are a consumer under the Consumer Rights Act 2015, we only supply the Products for domestic and private use to consumers. Where you are a consumer and you use the Products for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity;

(2) If you are not a consumer under the Consumer Rights Act 2015, neither Party will be liable for any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise;

(3) a party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss; and

(4) if either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.

(e) We have given commitments as to the compliance of the Products with these Terms and applicable Laws in clause 6. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.

(f) Despite anything else to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

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11 - Intellectual property

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All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

12General

(a) Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

(b) Disputes (consumers): If you are a consumer under the Consumer Rights Act 2015, this clause applies. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are a consumer, if you are not happy with how we have handled any complaint, you may wish to resolve the situation through alternative dispute resolution. This is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You may contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are not a consumer, neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(c) Disputes (businesses): If you are not a consumer under the Consumer Rights Act 2015, this clause applies. A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, this Agreement (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask The Law Society of the United Kingdom to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

(d) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(e) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(f) Entire agreement: Subject to your consumer law rights, these Terms contain the entire understanding and agreement between you and us in respect of their subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

(g) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(h) Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in the UK and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Site from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

(i) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third party website linked from the Site, such third party provides the products to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

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Last update: 14 November 2023

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