By placing an order and purchasing products at Tarpaulinpro.co.uk, you are entering into a legally binding agreement with us on the following conditions. You must read and understand these terms because they affect your legal rights and responsibilities.
These are the standard terms and conditions of sale of Tarpaulin Pro Ltd (Company Registration Number 14810291), (the “Seller”, “We” or “Us”) for certain products as set forth on the pages of this site (the “Estate” ). Subject to the provisions of clause 4.2 below, the price of the goods, delivery charges and value added tax, where applicable, are set out on the order form.
While every effort is made to deliver the products within the delivery times set out on the relevant pages, we do not assume any liability for late delivery of the products and draw your attention to the provisions of clause 6 below. This is particularly relevant for goods ordered on an “Express” delivery where an additional charge has been made for this service.
Under the provisions of the Consumer Protection (Conclusion of a Distance Contract) Regulations 2000, you have the right to withdraw from this transaction. Details of your right of withdrawal can be found in clause 9 below.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes.
These terms describe the basis for your purchase and sale of the products described on this website.
1) Interpretation
1.1 Under these conditions:
‘Conditions’ means the standard terms and conditions of sale described in this document;
‘Contract’ means the contract for the sale of the goods;
‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the details of the Goods you have provided to us when ordering;
“Delivery Area” means the United Kingdom and the European Union.
“Express” delivery means any delivery method you have chosen other than our “standard” delivery method.
“Goods” that you have ordered, including any partial delivery of the goods or any part thereof that is available for purchase on our website subject to the conditions;
‘Information System’ means a system for generating, sending, receiving, storing, or processing electronic communications;
‘Order’ means any order you make to us for the supply of goods;
‘Order’ Form means the electronic order form completed and submitted electronically by you;
‘Regulations’ means the Consumer Protection (Distance Selling) Regulations 2000;
“Website” means our Internet presence, currently accessible via the address Tarpaulinpro.co.uk
‘Seller’, we” means Tarpaulin Pro
1.2 Reference to any law or provision of law shall be deemed to include any statutory amendment or re-enactment thereof or any rule or regulation made pursuant thereto or any enactment repealing and superseding the law to which reference is made.
1.3 Unless the context requires otherwise:-
1.3.1 The words that import the singular will include the plural and vice versa;
1.3.2 The words that import the masculine gender will include the feminine gender and vice versa;
1.3.3 References to persons shall include bodies of persons whether corporate or incorporated.
1.4 Unless the context otherwise requires, references to clauses shall be construed as references to clauses in these conditions.
1.5 Headings are inserted for convenience only and will not affect the construction or interpretation of these conditions.
2)Basis of sale
2.1 We will sell to you and you will buy only those products that you have established in an order and that we have accepted. We reserve the right to refuse any order. Each sale of goods will be subject to these conditions, which will govern the agreement to the exclusion of any other terms and conditions subject to which you place or intend to place any order.
2.2 No order submitted by you shall be deemed to have been accepted by us unless and until confirmed by us by email or in writing.
2.3 No variation to these conditions will be binding on us unless and until we agree by email or in writing.
2.4 Any advice or recommendations given on this website or provided by us.
3) Orders
3.1 The quantity, quality, and description of the Products will be as set out in your order (if we accept them).
3.2 Orders are accepted at our sole discretion, but are normally accepted if the products are available, the order reflects the current price, you are in the delivery area and your credit or debit card or other accepted method of payment is authorized for the transaction.
3.3 Tarpaulin Pro is entitled to withdraw from any contract in the event of obvious errors or inaccuracies in respect of the products displayed on our website.
3.4 You will be responsible for ensuring the accuracy of the terms of any order you submit and for providing us with any necessary information relating to the Products within a sufficient time to enable us to perform the contract under its terms.
3.5 The quantity, quality, description, and specifications of the products will be those established in the corresponding pages of this site.
3.6 We reserve the right to make any changes to the specification of the Goods necessary to comply with applicable EC or legal requirements or where a particular Good is not available to replace the Goods ordered with other Goods that are substantially similar. In nature and price.
4) Price of goods
4.1 The price of the Goods will be the price set out on the relevant page of this Site. We reserve the right to change the prices indicated on this site whenever we accept an order from you, the price of the products will be the price indicated in the relevant range at the time the order is placed.
4.2 If the price of the Products increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm by email that the new price is acceptable. If it is not acceptable, you will of course have the option to cancel the order.
4.3 In addition to the price of the Goods, you will be responsible for paying our transport, packaging, and insurance costs, as shown on the order form.
4.4 The total price includes any applicable value added tax.
5) Terms of payment
5.1 By providing us with your payment card details and submitting the order, you:
5.1.1 I confirm and undertake that the information contained in the order is true and accurate and that you are duly authorized to use the payment card; and
5.1.2 You authorize us to deduct from your payment card account the full price of the goods and all other payments due to us under the contract.
5.2 The deduction of money from your payment card does not mean that we have accepted your order or that a contract has been formed between us. If we deny your order, we will credit your payment card with the amount deducted.
5.3 If it is not possible to obtain full payment for the Goods from your account at the time of dispatch of the Goods, we may cancel the order or suspend any further deliveries. This does not affect any other rights we may have.
5.4 When you return the goods for your rights under clause 9, we will credit the payment card with the corresponding amount.
5.5 We will take all reasonable precautions to keep all information relating to your order secure, but we cannot be held responsible for any loss you may suffer if a third party gains unauthorized access to any information, including any account and credit details you provide when accessing. or orders from this website unless this is due solely to our negligence.
6) Delivery
6.1 Delivery of the goods will be made by us or our carrier to the delivery address on the order form. This address must be accurate. Please be precise about where you want the goods to be left if you are away when we deliver. We cannot accept any responsibility for any loss or damage to the goods once they have been delivered by your delivery instructions.
6.2 Whilst every effort will be made to ensure that the ordered goods are delivered within the period specified for the delivery of such goods on the relevant page and subject to our obligations under the regulations, the dates indicated for the delivery of the goods are only approximate. and we will not be responsible for any delay in the delivery of the goods, however, caused.
6.3 The delivery time will not be an essential part of the contract.
6.4 Products may be delivered by us before the estimated delivery date. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to make an appointment.
6.5 If you do not take delivery of the goods or give us proper delivery instructions, then, without prejudice to any other rights or remedies available to us, we may cancel the contract and refund you the price of the goods less the cost of their delivery. . . And the cost of its return to us.
7) Risk and property
7.1 risk of damage to or loss of the goods shall pass to you upon delivery or, if you do not receive the goods in error when we or our carrier have offered to take delivery of the goods to you.
7.2 subject to the provisions of clause 9 and without prejudice to delivery and passing of risk in the goods, or any other provision of these conditions, title to the goods will not pass to you until we have received payment in cash or fully settled funds. Of the price of the goods. The goods supplied to you are not intended for resale.
8) Guarantees and responsibility
8.1 Your statutory rights are not affected by these conditions.
8.2 Any claim by you based on any defect in the quality or condition of the goods or their non-conformity to the specification must (whether or not you refuse delivery) be notified to the company within 7 days from the delivery date. Or (where the defect or failure was not evident on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and you do not notify us accordingly, you will not have the right to reject the goods and we will not be liable for any such defect or failure, and you will be obliged to pay the price as if the goods had been delivered under contract.
8.3 Where we are notified of any valid claim in respect of any of the goods which are based on any defect in the quality or condition of the goods under these conditions, we shall be entitled to either replace the goods (or the part in question) or, at our sole discretion, we will refund the price of the products (or a proportionate part of the price), but we will have no further liability to you.
8.4 Except for death or personal injury caused by our negligence, we will not be liable to you for any representation (unless fraudulent), any implied warranty, condition, or another term, or any obligation under common law, or the express terms of the contract, for any loss of income or profit; loss of anticipated savings; loss of goodwill or damage to reputation; loss of business opportunity; losses suffered by third parties; or any other indirect, consequential or special loss or damage, regardless of the form of action, whether in contract, strict liability or tort (including negligence), arising out of or in connection with the supply of goods or their use or resale by you and our entire liability under or in connection with the contract will not exceed the price of the goods, except as expressly specified in these terms.
8.5 Subject to our obligations and your rights under the Regulations, we will not be liable to you or be deemed to have been in breach of contract for any delay in performance or any breach of any of our obligations in respect of the Goods, whether delay or failure was due to any cause beyond our reasonable control.
8.6 We do not assume any responsibility for the content of other websites to which this website has links.
9) Right of withdrawal
9.1 Subject to clause 9.3, you will have 28 days from the date of receipt of the goods to withdraw from the contract and return the goods to us. Subject to clause 9.4, you will be responsible for paying the direct costs of returning the goods and we will be entitled to deduct from any refund of the price of the goods an amount equal to the delivery charges that have been paid. For us on your behalf.
9.2 The right to terminate the agreement does not affect any of your statutory rights.
9.3 If we supply you with replaced goods under the provisions of clause 2, your right of withdrawal is as set out above, except that the cost of returning the goods will be borne by us.
10) Communications
10.1 Any communication sent electronically by email or otherwise:
10.1.1 It will be considered sent once it enters an information system outside the control of the sender of the message;
10.1.2 It will be considered received by the addressee when, in a legible form, it is entered into an information system that the addressee can access;
10.1.3 It will be considered dispatched in the case of a company at its main domicile and in the case of a natural person at its habitual domicile;
10.1.4 It shall be understood as received in the case of a company at its main domicile and in the case of a natural person at its habitual domicile.
11) General
11.1 Any communication sent by post will be deemed to have been received by the addressee three days after the first class posting or five days after the second class posting.
11.2 No waiver by us of any breach of the Agreement by you shall be deemed a waiver of any subsequent breach of the same or any other provision.
11.3 Nothing in the agreement is intended to confer a benefit or be enforceable by any person who is not a party to the agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
11.4 If any provision of these conditions is held by any court or competent authority to be invalid, illegal, or unenforceable in any jurisdiction in whole or in part, this will not affect the validity or enforceability of the other provisions of these conditions and the remainder of the provision in the matter will not be affected nor will it affect the validity, legality or enforceability of that provision in any other jurisdiction.
11.5 The agreement will be governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English courts.
11.6 The headings in these conditions are for convenience only and will not affect their interpretation.