Customer Service - Terms and Conditions of Sale

Website Terms and Conditions of Sale

This page (together with the documents referred to on it) explains to you the terms and conditions on which we supply any of the products ("Products") listed on this website marshalls.co.uk/gardens-and-driveways ("our site") to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

Information About Us

marshalls.co.uk/gardens-and-driveways is a site operated by Marshalls Mono Ltd. The contract for purchases is formed between you and Marshalls Mono Limited. We are registered in England and Wales under company number 00509579 and with our registered office at Landscape House, Premier Way, Lowfields Business Park, Elland, HX5 9HT. Our VAT number is GB183850248

Service Availability
1. This site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside the United Kingdom.
2. This site requires you to enter your post code in order to validate if delivery is possible to your area. Should you change this during the checkout process, we may not be able to deliver goods to you and as a result your order will not be processed and no contract will be formed. We accept no responsibility for loss or damages in this instance.
Your Status
1. By placing an order through this site, you warrant that:
  1. you are legally capable of entering into binding contracts
  2. you are at least 18 years old;
  3. you are resident in the United Kingdom; and
  4. you are accessing our site from the United Kingdom.
2. How the Contract is Formed Between You and Us
  1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. At this point payment will be taken for the goods and we will contact you to confirm a delivery date. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been ordered (the "Order Confirmation"). The contract between us ("Contract") will only be formed when we send you the Order Confirmation.
  2. The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.
  3. In the event of any order being rejected by us, you will receive a refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below)
3. Consumer Rights
  1. If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
  2. To cancel a Contract, you must contact us via telephone or email. You have 14 days from date of delivery to cancel your order. Should you cancel the order, you need to return the Product(s) to us as soon as possible, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
  3. Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your statutory rights.
4. Availability and Delivery
  1. Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances. We cannot guarantee that selecting a preferred delivery date during the checkout process will ensure delivery on that date. We will confirm with you a delivery date that is convenient to you.
  2. Delivery will be undertaken by us or sub-contracted to a 3rd party delivery partner. We will not indicate which of these parties will fulfill your order at anytime during the order process.
5. Risk and Title
  1. The Products will be at your risk from the time of delivery.
  2. Title to the Products shall not pass to you until we have received payment in full (in cash or cleared funds) for:
    1. such Products; and
    2. all other sums which are, or which become, due to us from you for sales of Products or on any account.
  3. Until title to the Products has passed to you, you shall:
    1. hold such Products on a fiduciary basis as our bailee;
    2. store such Products separately from all other goods held by you so that they remain identifiably our property;
    3. not remove, deface or obscure any identifying mark or packaging on or relating to such Products; and
    4. maintain such Products in satisfactory condition and keep them insured on our behalf for their full price against all risks with an insurer that is reasonably acceptable to us. You shall obtain an endorsement of our interest in the Products on your insurance policy, subject to the insurer being willing to make the endorsement. On request you shall allow us to inspect such Products and the insurance policy
  4. You may resell the Products before ownership has passed to you subject to the following conditions:
    1. any sale shall be effected in the ordinary course of your business at full market value; and
    2. any such sale shall be a sale of our property on your own behalf and you shall deal as principal when making such a sale.
  5. Our right to possession of the Products shall terminate immediately if:
    1. you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or if you are a body corporate you convene a meeting of your creditors (whether formal or informal), or you enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purposes only of your reconstruction or amalgamation, or you have a Receiver and/or a Manager, Administrator or Administrative Receiver appointed of your undertaking or any part thereof, or documents are filed with the Court for the appointment of an Administrator of you or notice of intention to appoint an Administrator is given by you or your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986) or a resolution is passed or a petition presented to any Court for your winding-up or for the granting of an administration order in respect of you, or any proceedings are commenced in relation to your insolvency or possible insolvency; or
    2. you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe or perform any of your obligations under the Contract or any other contract between us, or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
    3. you encumber or in any way charge any of the Products.
  6. We shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from us to you.
  7. You grant to us, our agents and employees an irrevocable licence to enter any premises where the Products are or may be stored in order to inspect them, or, where your right to possession is terminated, to recover them.
  8. Where we are unable to determine whether any Products are the products in respect of which your right to possession has terminated, you shall be deemed to have sold all products of the kind sold by us to you in the order in which they were invoiced to you.
  9. On termination of the Contract, however caused, our (but not your) rights contained in this condition 8 shall remain in effect.
6. Price and Payment
  1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. Payment is taken at the point you place your order with us.
  2. These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Policy.
  3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Order Confirmation.
  4. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
  5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.
  6. Payment for all Products must be by credit, debit card. We accept payment with Visa (but not Visa Electron), Mastercard and Maestro. Your card will be charged at the point of order.
7. Our Refunds Policy
  1. When you return a Product to us:
    1. because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 5.1 and 5.2 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us, this includes the £95 including VAT carriage fee if you request Marshalls Mono Limited to collect the product.
    2. for any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
  2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
  3. Full details of our returns procedure can be found on our Returns Page.
  4. Sample orders are non-refundable and non-returnable once you have confirmed your order.
8. Our Liability
  1. We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
  2. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
  3. This does not include or limit in any way our liability:
    1. for death or personal injury caused by our negligence;
    2. under section 2(3) of the Consumer Protection Act 1987;
    3. for fraud or fraudulent misrepresentation; or
    4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
  4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
    1. loss of income or revenue
    2. loss of business
    3. loss of profits or contracts
    4. loss of anticipated savings
    5. loss of data, or
    6. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;

provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of clauses 10.4.1 to 10.4.7 inclusive.

Written Communications
1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices
1. All notices given by you to us must be given to Marshalls Mono Limited at sales@marshalls.co.uk we may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. in proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Complaints
1. Any letters or complaint should be sent to Marshalls Mono Limited or sales@marshalls.co.uk
Transfer of Rights and Obligations
1. The contract between you and us is binding on you and us and on our respective successors and assigns.
2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events Outside Our Control
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  1. strikes, lock-outs or other industrial action;
  2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  5. impossibility of the use of public or private telecommunications networks;
  6. the acts, decrees, legislation, regulations or restrictions of any government.
3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Waiver
1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.

Severability
1. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire Agreement
1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
Our Right to Vary These Terms and Conditions
1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
Law and Jurisdiction
1. Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. If you are a resident of Scotland or Wales, you may also bring proceedings in Scotland or Wales.
Promotions

- Any promotion or sale excludes out of stock or unavailable products.