{"id":120,"date":"2016-07-07T11:03:02","date_gmt":"2016-07-07T10:03:02","guid":{"rendered":"https:\/\/www.growtivation.com\/?page_id=120"},"modified":"2023-02-22T16:07:01","modified_gmt":"2023-02-22T16:07:01","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.growtivation.com\/legal\/terms-and-conditions","title":{"rendered":"Terms and Conditions of Sale"},"content":{"rendered":"
1.1.In these Conditions the following definitions apply:<\/p>\n
Affiliate<\/strong><\/td>\nmeans any entity that directly or indirectly Controls, is Controlled by or is under common Control with, another entity;<\/td>\n<\/tr>\n | Business Day<\/strong><\/td>\n | means a day other than a Saturday, Sunday or bank or public holiday in England, when banks in London are open for business;<\/td>\n<\/tr>\n | C<\/strong>ompany<\/strong><\/td>\n | means REG Group Ltd, registered in England & Wales (Company Number: 10671288), whose registered address is at Unit 1-2,Chartwell Road, Lancing, Lancing Business Park, West Sussex, BN15 8TU or any subsidiary company or agent authorised by them. Growtivation and Beauxfort are trading names of REG Group Ltd;<\/td>\n<\/tr>\n | C<\/strong>onditions<\/strong><\/td>\n | means these terms and conditions and any special terms and conditions agreed in writing by the Company;<\/td>\n<\/tr>\n | Confidential Information<\/strong><\/td>\n | means any commercial, financial or technical information, information relating to the Goods, plans, know-how or trade secrets which is obviously confidential in nature or has been identified as confidential, or which is developed by a party in performing its obligations under, or otherwise pursuant to the Contract;<\/td>\n<\/tr>\n | C<\/strong>ontract<\/strong><\/td>\n | includes these Conditions and any documents referred to within these Conditions;<\/td>\n<\/tr>\n | Control<\/strong><\/td>\n | has the meaning given to it in section 1124 of the Corporation Tax Act 2010 and Controls, Controlled<\/strong> and under common Control<\/strong> shall be construed accordingly;<\/td>\n<\/tr>\n | D<\/strong>ocumentation<\/strong><\/td>\n | means any descriptions, instructions, manuals, literature, technical details or other related materials supplied in connection with the Goods;<\/td>\n<\/tr>\n | Force Majeure<\/strong><\/td>\n | means an event or sequence of events beyond a party\u2019s reasonable control preventing or delaying it from performing its obligations under the Contract including, but not limited to, an act of God, fire, flood, epidemic, pandemic, lightning, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for performance of the Contract, strike, lockout or boycott or other industrial action including those involving the Company\u2019s or its suppliers\u2019 workforce, but excluding the Purchaser\u2019s inability to pay or circumstances resulting in the Purchaser\u2019s inability to pay.<\/td>\n<\/tr>\n | G<\/strong>oods<\/strong><\/td>\n | means the goods and related accessories, spare parts and Documentation and other physical material set out in the Order and to be supplied by the Company to the Purchaser;<\/td>\n<\/tr>\n | Location<\/strong><\/td>\n | means the address or addresses for delivery of the Goods as set out in the Order or such other addresses as notified by the Company to the Purchaser prior to the delivery;<\/td>\n<\/tr>\n | O<\/strong>rder<\/strong><\/td>\n | means any order placed by the Purchaser through the Website, by telephone or using such other means as the Company may permit from time to time for the purchase of the Goods from the Company on these Conditions;<\/td>\n<\/tr>\n | P<\/strong>urchaser<\/strong><\/td>\n | means the person or persons, firm or company purchasing from the Company;<\/td>\n<\/tr>\n | S<\/strong>pecification<\/strong><\/td>\n | means any description or Documentation provided by the Company for the Goods and their packaging;<\/td>\n<\/tr>\n | VAT<\/strong><\/td>\n | means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the sale of the Goods<\/td>\n<\/tr>\n | Websites<\/strong><\/td>\n | means https:\/\/www.growtivation.com, <\/span>https:\/\/www.beauxfort.com<\/span>, or such URL as the Company may specify from time to time.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n | 1.2. The headings are inserted for convenience only and shall not affect the construction of this Contract.<\/p>\n 1.3. Words importing one gender include all other genders and wording importing the singular include the plural and vice versa.<\/p>\n 1.4. Any obligation by a part not do an act or thing shall include an obligation not to permit or suffer such act or thing to be done by another person.<\/p>\n 2.0 The Contract<\/h2>\n2.1. All Orders are accepted subject to these Conditions.<\/p>\n 2.2. By submitting an Order for and\/or purchasing any Goods, the Purchaser indicates their acceptance of these Conditions.<\/p>\n 2.3. No terms and conditions endorsed on, delivered with, or contained in the Purchaser\u2019s order, correspondence or other document shall form part of the Contract except to the extent that the Company otherwise agrees in writing.<\/p>\n 2.4. All Orders shall be placed in accordance with these Conditions and are subject to the Company\u2019s acceptance of the Order.<\/p>\n 2.5. The Company reserves the right to accept or refuse any Order, at its discretion, without liability to the Purchaser.<\/p>\n 2.6. The Contract is formed when the Company accepts the Purchaser\u2019s Order in accordance with clause 2.7. The processing of the Purchaser\u2019s payment and acknowledgement of receipt of the Order (whether by email, telephone or otherwise) does not constitute legal acceptance of the Purchaser\u2019s Order.<\/p>\n 2.7. Unless the Company has notified the Purchaser that the Order has been refused by the Company or the Order is cancelled by the Purchaser, the Order shall be deemed accepted on the earlier of:<\/p>\n 2.7.1. the Company\u2019s written acceptance of the Order;<\/p>\n 2.7.2. the Company dispatching the Goods or notifying the Purchaser that the Goods are available for collection (as the case may be).<\/p>\n 2.8. The purchaser warrants that the individual placing the Order or signing documents on the Purchaser\u2019s behalf has full authority and capacity to enter into and bind the Purchaser to perform obligations under the Contract.<\/p>\n 2.9. The Purchaser acknowledges that it does not rely upon the skill, judgement, representations or advice of the Company or of its employees or agents in determining the suitability, fitness (general or specific) of the Goods. The Company shall have no liability if the Goods are not suitable for a particular purpose or particular requirements of the Purchaser whether or not any particular purpose or requirements of the Purchaser are made known to the Company.<\/p>\n 3.0 Buying goods from the company<\/h2>\n3.1. Unless otherwise agreed in writing by the Company, any descriptions, sizing, weights, capacities, Specifications, dimensions, measurements, images and illustrations in the Company\u2019s literature, catalogues, Websites, samples or other media are intended merely to present a general idea of the Goods and shall not constitute a sale by description or sample nor shall they be deemed to constitute representations.<\/p>\n 3.2.The Company does not guarantee that the images, appearance and other detailing that appear on the Company\u2019s Websites, catalogues and other media will exactly reflect the colour, appearance or detailing of the physical Goods (or their packaging). The Company shall not be held liable for any variations in colour, appearance or detailing of the Goods (or their packaging) or problems arising in connection with such variations.<\/p>\n 3.3. The Company reserves the right to correct any typographical or clerical errors appearing in the confirmation of order or in price lists, discount structures, quotations and proposals.<\/p>\n 3.4. The Purchaser will ensure that all the information it provides to the Company is accurate, adequate and complete.<\/p>\n 3.5. The Purchaser will be responsible for notifying the Company of any regulations, rules, guidance and other requirements which apply to the Purchaser but the Purchaser shall at all times remain responsible for compliance with the same.<\/p>\n 4.0 Price and payment<\/h2>\n4.1. The price for the Goods shall be as set out in the Order or, where no such provision is set out, shall be calculated in accordance with the Company\u2019s scale of charges in force from time to time (the Price<\/strong>).<\/p>\n 4.2. Unless otherwise agreed by the Company, the Prices are exclusive of:<\/p>\n 4.2.1. packaging, delivery, insurance, shipping carriage, and all other related charges or taxes which shall be charged in addition at the Company\u2019s standard rates, and<\/p>\n 4.2.2.VAT (or equivalent sales tax).<\/p>\n 4.3. The Company reserves the right to alter prices without notice.<\/p>\n 4.4. The Company shall invoice the Purchaser for the Goods, partially or in full, at any time following acceptance of the Order.<\/p>\n 4.5. The Purchaser shall pay the Price within 30 days after the end of the month in which the Company becomes entitled to invoice the Purchaser, unless otherwise agreed by the Company.<\/p>\n 4.6. The Purchaser shall pay all invoices:<\/p>\n 4.6.1. in full without deduction or set-off, in cleared funds; and<\/p>\n 4.6.2. to the bank account nominated by the Company.<\/p>\n 4.7. The time of payment of the price shall be of the essence of the Contract.<\/p>\n 4.8. Payment shall not be delayed if there is pending settlement of any claim against the Company or the Purchaser is waiting for a credit note to be issued for any Goods whether related to the due payment or not.<\/p>\n 4.9. Where sums due under the Contract are not paid in full by the due date, the Company may, without limiting its other rights:<\/p>\n 4.9.1. charge interest (after as well as before any Judgement) on the outstanding balance at a rate of 8% per annum above the base rate of HSBC from time to time in force, and interest shall accrue on a daily basis until payment in full is made;<\/p>\n 4.9.2. terminate or suspend the contract;<\/p>\n 4.9.3. terminate any credit account facilities;<\/p>\n 4.9.4. require payment in advance; and<\/p>\n 4.9.5. use a third party to collect the outstanding amount with all costs borne by the Purchaser.<\/p>\n The Company may, at the Company\u2019s discretion, set and vary credit limits from time to time and withhold all further supplies if the Purchaser exceeds such credit limit.<\/p>\n 6.1. The Goods shall be delivered by the Company, or its nominated carrier, to the Location on the date(s) specified in the Order.<\/p>\n 6.2. The Goods shall be deemed delivered on arrival only of the Goods at the Location, at the point the Goods are collected by the Purchaser, or upon the Company notifying the Purchaser that the Goods are ready for collection, whichever is the earliest.<\/p>\n 6.3. The Company may deliver the Goods in instalments. Any delay or defect in an instalment shall not entitle the Purchaser to cancel any other instalment.<\/p>\n 6.4. The Purchaser shall not be entitled to reject a delivery of the Goods on the basis that an incorrect volume of the Goods has been supplied.<\/p>\n 6.5. Delivery dates and times are estimates only and the time of delivery shall not be of the essence.<\/p>\n 6.6. The Company shall not be liable for any non-delivery or late delivery of Goods caused by:<\/p>\n 6.6.1. the Purchaser\u2019s failure to make the Location available;<\/p>\n 6.6.2. the Purchaser\u2019s failure to prepare the Location in accordance with the Company\u2019s instructions or as required for delivery of the Goods;<\/p>\n 6.6.3. the Purchaser\u2019s failure to provide the Company with adequate instructions for delivery;<\/p>\n 6.6.4. the Company\u2019s inability to access the Location;<\/p>\n 6.6.5. Force Majeure.<\/p>\n 6.7. The Company may charge the Purchaser additional fees or expenses for re-delivery due to any of the events listed in clauses 6.6.1 to 6.6.4.<\/p>\n 6.8. If the Purchaser fails to accept delivery of the Goods the Company shall store the Goods pending delivery, and the Purchaser shall pay all costs and expenses incurred by the Company in doing so.<\/p>\n 6.9. If 5 Business Days following the due date for delivery or collection of the Goods, the Purchaser has not taken delivery of or collected the Goods, the Company may resell or otherwise dispose of the Goods without any obligation or liability to the Purchaser, except as provided in clauses 6.8.1 and 6.8.2. The Company shall:<\/p>\n 6.9.1. deduct all storage charges at the Company\u2019s then-applicable rates and reasonable costs of resale; and<\/p>\n 6.9.2. invoice the Purchaser for any shortfall of the resale price below, the Price paid by the Purchaser for the Goods.<\/p>\n 6.10. The Purchaser shall inspect the Goods immediately on delivery thereof and shall within 24 hours from such delivery give notice to the Company in writing of any shortage on delivery or damage in transit or any matter or thing by reason whereof the Purchaser may allege that the Goods are not in accordance with the Order. If the Purchaser shall fail to give such notice or the Purchaser or its representatives have signed a document to say the correct quantity of Goods were received in good condition (or words to that effect), the Goods shall be deemed to be in all respects in accordance with the contract and the Purchaser shall be deemed to have accepted the Goods accordingly.<\/p>\n 7.1. The Company warrants that the Goods will, at the time of delivery be of satisfactory quality for the purposes of the Sale of Goods Act 1979.<\/p>\n 7.2. The Company shall not be liable for any failure of the Goods to comply with clause 7.1:<\/p>\n 7.2.1. where such failure arises from fair wear and tear, accidental or willful damage, negligence, or abnormal working conditions;<\/p>\n 7.2.2. to the extent caused by the Purchaser\u2019s failure to follow the Company\u2019s or any manufacturer\u2019s specifications, requirements or instructions in relation to the Goods, including any instructions on installation, operation, storage and maintenance;<\/p>\n 7.2.3. to the extent caused by misuse or alteration of the Goods;<\/p>\n 7.2.4. to the extent that such failure results from the Goods being combined with a foreign object or third party product or material;<\/p>\n 7.2.5. where the Purchaser uses any of the Goods after notifying the Company that they do not comply with clause 7.1.<\/p>\n 7.3. Except as set out in this clause 7:<\/p>\n 7.3.1. the Company gives no warranties and makes no representations in relation to the Goods;<\/p>\n 7.3.2. the Company shall have no liability for their failure to comply with the warranty in clause 7.1<\/p>\n and all warranties and conditions (including the conditions implied by ss 13 -15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.<\/p>\n 7.4. In the case of Goods not manufactured by the Company, where the Company has obtained a warranty from the manufacturer, the Company will pass on to the Purchaser to the extent that it is able any benefits obtainable under any warranty given by the Company\u2019s supplier provided that the Products have been accepted and paid for. The Purchaser shall be responsible for complying with the terms and conditions of the manufacturer\u2019s warranty.<\/p>\n 7.5. Some of the Company\u2019s Goods come with a warranty. To review the Company\u2019s warranty terms and conditions, confirm the length of a warranty or activate a warranty, please access the below hyperlinks or contact the Company.<\/p>\n Beauxfort Gravelrings 10 Year Approved Installer Warranty<\/a> (PDF)<\/strong><\/p>\n Beauxfort Gravelrings 5 Year Warranty<\/a> (PDF)<\/strong><\/p>\n |