TERMS AND CONDITIONS OF WEBSITE
The term ‘Lindsey Clark Brothers Limited’ or ‘us’ or ‘we’ refers to the owner of the website.
Registered office is: The Landscape Centre, Lampard Lane, Churt, Farnham, Surrey, GU10 2HJ.
Company registration number is: 4772207
The term ‘you’ refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
The information contained in this website is for general information purposes only. The information is provided by Lindsey Clark Brothers Limited and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
This website and its content is copyright of Lindsey Clark Brothers Limited. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
You may print or download to a local hard disk extracts for your personal and non-commercial use only
You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
PURCHASING GOODS WITH LINDSEY CLARK BROTHERS LTD
1. THE CONTRACT BETWEEN US:
1.1: Payment must be received prior to goods being shipped.
2.1: The prices payable for goods that you order are as set out in our website or by written quotation.
3. YOUR RIGHT TO CANCEL YOUR CONTRACT
3.1: You may cancel your contract with us for the goods you order at any time up to the end of the fourteenth working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.2: Bespoke items made to your specification and perishable goods may not be returned.
3.3: To cancel your contract, you must notify us in writing.
3.4: If you have received the goods before you cancel your contract then you must send the goods back at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us (return address will be provided) at your own cost and risk as soon as possible. In all cases you will be liable to pay any direct costs incurred by us.
3.5: Prior to return, it is your responsibility to take reasonable care of the items. If you fail to take reasonable care and this results in damage or deterioration, we will charge you for the reduction in value.
3.6: Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card, less any direct costs incurred by us will be credited to your account as soon as possible and in any event within 14 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
3.7: This cancellation policy does not affect your legal rights if goods are faulty.
4. CANCELLATION BY US
4.1: We reserve the right to cancel the contract between us if:
4.1.1 We have insufficient stock to deliver the goods you have ordered;
4.1.2 We do not deliver to your area;
4.1.3 One or more of the goods you ordered was listed at an incorrect price;
4.1.4 Due to a typographical error or an error in the pricing information received by us from our suppliers
4.1.5 We are unable to deliver as a result of delivery complications.
4.2: If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 14 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. DELIVERY OF GOODS TO YOU
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order subject to the following clauses:
5.1.1 Our standard delivery service uses large 18 tonne vehicles – about the size of a large removal lorry.
5.1.2 Delivery is made to kerbside only. It is very important that the ground is level and hard such as tarmac or concrete. Grass, compacted soil and gravel are not suitable areas for unloading.
5.1.3 Should the carrier encounter problems with delivery as a result of the failure to disclose any relevant information, you will be responsible for full costs of aborted delivery.
5.1.4 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order. Delivery dates notified to you are for guidance only and while we will make all reasonable efforts to meet any proposed delivery date, specific delivery dates cannot be guaranteed and any failure to deliver on a specified day will not be a breach of contract by us and 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 caused as a result of a delayed or unscheduled delivery 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 delivery surcharge in question.
5.1.5 You or your authorised representative must be present at your premises on delivery of the goods to sign for the delivery and where necessary assist the driver with the offloading of the goods.
5.1.6 By accepting our terms and conditions you acknowledge the conditions required for delivery. You must inform us of any reasons why clauses 5.1.1 to 5.1.6 inclusive cannot be complied with at the time of placing your order failing which you will be liable for any return and re-delivery fees if the delivery company is unable to deliver the goods to you on arrival at your premises.
6. ACCEPTANCE OF GOODS & LIABILITY
6.1 If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. Some out of stock items may have longer delivery times and this will be explained to you at time of order. Multiple item orders may not arrive together.
6.2 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, this should where possible be recorded at time of delivery on the delivery docket. Furthermore, we must be notified in writing/via email with photographic evidence of any issues within 7 days following delivery.
6.3 If you notify a problem to us under clauses 6.1 or 6.2 above, our only obligation will be:
6.3.1 to make good any shortage or non-delivery
6.3.2 to replace any goods that are damaged or defective; or
6.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.4 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 clause 6.3.3 above.
6.5 Do not arrange for contractors to be on site until your goods have been delivered and checked.
6.6 You become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be held liable for their loss or destruction.
6.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.8 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local 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.
7. PRODUCT QUALITY
7.1 All photographs are provided as an indication of product appearance only, as lighting conditions, screen calibration and natural variances may affect the appearance of the product.
7.2 Natural stone products may vary in colour and texture and will contain individual markings and natural imperfections. These include, but are not limited to mineral deposits which may change over time as the minerals oxidise and can appear as copper, bronze or black colouration or quartzite veining. Reconstituted (man made) stone products contain natural aggregates and these may vary in colour and texture between batches.
7.3 Sawn edged or machine finished flags may include minor variances and irregularities. The surface of hand-cut paving may delaminate slightly.
7.4 Efflorescence (white markings) may appear on the surface of concrete paving as a result of a chemical reaction between cement and water. This is a natural phenomenon and will gradually disappear with weathering. Efflorescence is a characteristic of good quality paving with high cement content.
7.5 Natural wood products may exhibit cracks, resins and marrow, gnarls and grains, rough sections, salts, pinholes and mould. These characteristics are normal and are usually part of the drying, processing or treating stages of the timber and will lessen or become less obvious over time.
7.6 Sizes quoted are nominal and may vary in accordance with manufacturing tolerances. As a general guide, paving sizes quoted may vary by +/- 5mm. The thickness of calibrated paving may vary by +/- 7mm. Some manufacturers include the pointing allowance in the specified paving size. Usually, the quoted sizes and coverage shown on our website are achieved when using an average 10mm pointing joint. Product shape and weight may also vary.
7.7 As products may vary between packs and batches, ensure they are mixed from each pack to achieve a blended overall appearance.
7.8 Ensure all goods are checked for damage and defects prior to use as we will not be held responsible for any associated costs.
7.9 Many products will weather over time and this may appear in the form of gradual fading and lichen/ organic growth discolouration in certain environmental conditions. Areas close to trees or planting borders may be prone to discolouration and require cleaning. Sealing paving can often reduce this effect, however seek the manufacturer’s guidance prior to application. Many products will require annual maintenance. Only use cleaning and maintenance products suitable for the product you have purchased.
7.10 Unless specified to the contrary, our products are intended for exterior use on pathways, driveways, patio and garden applications. Driveway paving products should be used in lightly trafficked areas as this paving is designed for withstanding vehicular weight.
7.11 Samples are provided as an indication of colour and texture only and sample thickness is not necessarily representative of the actual product.
7.12 The manufacturers of our products have a continual policy of product improvement. We therefore reserve the right to alter or change our product specifications without notification.
7.13 All complaints must be received in writing. We will deal with the matter in accordance with your legal rights.
8.1 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:
The Landscape Centre, Lampard Lane, Churt, Farnham Surrey, GU10 2HJ
and all notices from us to you will be displayed on our website from time to time.
9. EVENTS BEYOND OUR CONTROL
9.1 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 disputed, breakdown of systems or network access, flood, fire, explosion or accident.
10.1 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 conditions will not be affected.
12. THIRD PARTY RIGHTS
12.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom 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.
13. GOVERNING LAW
13.1 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.
14. ENTIRE AGREEMENT
15. PRIVACY AND COOKIES
16. GENERAL INFORMATION
All sizes quoted are nominal.
Bulk Bag dimension 80x80x80cm external sizes. Bag filled at source – some consolidation may occur during transit.
Bulk bag contents will cover approximately 10 square metres at 50mm deep.
Certain products will not have the same coverage rate due to its size, for example, Highland cobbles are 40-80mm and it’s is therefore impossible to lay at 50mm deep so please allow more for larger items.
All by volume sales are sold as approximate as loaded by our front loading vehicle.
Quality of topsoil may vary due to weather conditions. Every effort is made to maintain standard but customers should be aware that this may vary due to conditions beyond our control.