Terms and Conditions | Nidagravel UK NIDAGRAVEL UK - TERMS & CONDITIONS OF SALE

1. Definitions
1.1 Buyer means the person who buys or agrees to buy the goods from the Seller.
1.2 Conditions means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 Delivery Date means the date specified by the Seller when the goods are to be delivered.
1.4 Goods means the articles which the Buyer agreed to buy from the Seller.
1.5 Price means the price for the Goods excluding carriage, packing, insurance and VAT.
1.6 Seller means Nidagravel UK or Gravel Stabilisers UK Ltd.

2. Conditions Applicable
2.1 These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3. The Price and Payment
3.1 The Price for the Goods is expressed exclusive of VAT which shall be due at the rate ruling on the date of the Sellers Invoice.
3.2 Payment of the Price and VAT shall be due within 30 days of the date of the Invoice (time for payment shall be of the essence).
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% above Barclays Bank Plcs base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.

4. The Goods
The quantity and description of the Goods shall be as set out in the despatch note.

5. Warranties and liability
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. All other warranties conditions or terms relating to fitness for purpose merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.
5.2 The Seller shall not be bound by any verbal representations or statements made by the Seller its servants and agents.

6. Delivery of the Goods
Delivery of the Goods shall be made to the Buyers address or any alternative address specified by the Buyer on the Order Date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

7. Acceptance of the Goods
7.1 The Buyer shall be deemed to have accepted Goods 24 hours after delivery to the Buyer or any other party designated by the Buyer to receive the Goods.
7.2 The Buyer or designated recipient of the Goods must indicate in writing on the Delivery Note details of any Goods damaged at Delivery and must sign the details at the time of delivery.
7.3 After acceptance the Buyer shall not be entitled to reject the Goods which are not in accordance with the Contract.

8. Title and risk
8.1.1 In spite of delivery having been made, property and title in the Goods shall not pass from the Seller until the Buyer shall have paid the Price plus VAT in full and no other sums whatever shall be due from the Buyer to the Seller.
8.1.2 Until property and title in the Goods passes to the Buyer in accordance with clause 8.1.1 the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Sellers property.
8.1.3 Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyers business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Sellers property by the Buyer on the Buyers own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Sellers money.
8.1.4 The Seller shall be entitled to recover the Price (plus VAT) notwithstanding that property in any of the Goods has not passed from the Seller.
8.1.5 Until such time as property in the Goods passes from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under clause 8.1.3 shall cease.
8.1.6 The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
8.1.7 The Buyer shall insure and keep insured the Goods to the full Price against all risks to the reasonable satisfaction of the Seller until the date that property in the Goods passes from the Seller, and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
8.1.8 The Buyer shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
8.2 Risk shall pass on delivery of the Goods.

9. Remedies of Buyer
9.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the Contract of Sale.
9.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
9.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
9.4 The Seller accepts no responsibility whatsoever for any consequential loss.
9.5 The Seller accepts no responsibility for indirect loss and the responsibility of the Seller is limited to replacement of the Goods.
9.6 The Seller shall not be liable to the Buyer or any customers or licensees of the Buyer in relation to any loss originating from any use of the Goods for purposes other than those they are designed for nor any loss resulting from any use of display racks or display equipment supplied by the Seller.
9.7 The Buyer shall be entirely responsible for correct assembly of any display racks or equipment supplied by the Seller.

10. Intellectual property
The specifications and designs of the Goods (including the copyright design right or other intellectual property in them) shall as between the parties be the property of the Seller. Where any designs or specifications have been supplied by the Buyer for manufacture by the Seller or to the order of the Buyer then the Buyer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party.

11. Legislation
Any dispute in relation to these conditions of sale or any contract entered into pursuant to these conditions of sale shall be
subject to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.

NIDAGRAVEL UK - TERMS & CONDITIONS OF WEBSITE

Protection of Personal Privacy
Nidagravel UK values your interest in our activities and appreciates your visit to our website. We believe it is important that you feel secure in visiting our website, and want to make sure that we are clear about what will happen with any personal information you share with us. Your personal data, including your e-mail address, will be used as follows:

  • Information provided by the user in order to receive information from our company will be stored so we can reply to your request.
  • Information provided by the user as part of an application for employment will be stored and treated with the utmost discretion.
  • We will any information stored to conduct user-analyses, in order to further improve our website.
  • We will use your data in order to keep you informed about Nidagravel UK and its products and services. If you do not wish your information to be used for this purpose, please inform us.
  • Nidagravel UK will store the data you provide in a secure database to keep you informed about our activities.
  • Our website may contain links to non-Nidagravel UK websites. Nidagravel will not be responsible for the manner in which these websites treat personal information.
  • All collected personal data will be stored in a database managed by Nidagravel UK. This data will be used for the promotion of Nidagravel products and services. The Protection of Personal Privacy provides you with the right to review your data. Additional information is available from the Public Register (Commission for the Protection of Personal Privacy). Your data may be updated or deleted from our database, upon request, but only when your identity has been confirmed. To do this, please contact us.

  • Terms of Use
    Visiting, browsing and viewing this website are subject to our terms of use, as well as all applicable laws. By visiting, browsing and viewing this website, you accept the terms of use as described below, without restriction or exception.

    Copyright Notice
    The content of this website is protected by a copyright held by Nidagravel UK. All rights are reserved. Information from the website (including but not restricted to text, presentations, illustrations, photos and sound) may not, unless otherwise stated, be copied, transferred, distributed or saved without previous written permission from Nidagravel UK. Changes to the content of the site are forbidden. Sections of the site contain illustrations that fall explicitly under the clients copyright.

    Liability
    No rights or claims of any kind may be made to the information presented on this website. Links to other websites are offered as a service to the user, but Nidagravel UK is not responsible for the content of these websites. Further, it is the responsibility of the user to check whether these sites are free from viruses and other harmful elements. Information on our website may be changed without previous notification or obligation.

    Remarks, questions and suggestions
    Nidagravel UK does not wish to receive confidential or private information through this website. Any information you provide (suggestions, ideas, etc.) will be considered as non-confidential and public (except in regard to the protection of personal privacy). In sending Nidagravel UK material, you are giving Nidagravel UK the unlimited and irrevocable right to use, show, modify, process and distribute this information, and to legally register this information. Nidagravel UK can also freely make use of the ideas and techniques you send us. Nidagravel UK has put together this website with the greatest possible care. Nidagravel UK welcome any suggestions or comments. Any objections to particular texts or images may also be made known to the company.

    Jurisdiction
    Nidagravel UK is free at any time to modify the terms of use by publishing a new version on this website. The terms of use are in accordance with the laws and jurisdiction of England and Wales, any disputes will be settled in accordance with the same jurisdiction. In the event that a court with the appropriate jurisdiction declares part of these terms of use invalid or impracticable, the part of the terms of use in question will be considered defunct, while the remaining conditions contained in these terms of use will remain fully valid and effective.

    NIDAGRAVEL UK - CANCELLATION & RETURNS POLICY
    This policy is in addition to your legal rights.

    1. Goods Delivered To You
    If you buy a product which we deliver to you, you may cancel your order (or any part of it) for any reason before delivery or within 14 days after delivery by contacting Nidagravel UK by telephone T: 01832 77 65 68 or by email sales@nidagraveluk.co.uk. Cancelation is subject to the following conditions;
    a. The product or products supplied to you by Nidagravel UK must be unused, as new and as sold, in re-saleable condition and undamaged in the original product packaging.
    b. Please note that only full orders can be returned as a whole, part of an order cannot be returned.
    c. All cancelled orders will incur an administration fee of ú25.00 + VAT to cover the time and cost of processing your order, payment and refund.
    d. You will receive a full refund for the price paid less all relevant costs incurred including collection and re-stocking charges.
    e. For all products in the Nidagravel UK range there is a 30% re-stocking charge.
    f. All collections are made by our pallet hauliers only and collection is charged at cost per jumbo pallet or standard pallet. You will be notified of your collection charges when notifying us of your cancellation.

    2. Damaged Goods
    If any product purchase from Nidagravel UK is damaged or faulty, we may offer an exchange or refund as appropriate in accordance with your legal rights. If you can see some of the delivery has arrived damaged, we ask you to sign for the delivery as 'damaged on arrival'. That way it will be easier for us to organise replacements, which is why it is important for you to inspect the delivery as much as you can before signing. Unfortunately, damage to goods can happen in transit and we will send out replacement products as soon as we can. To help us, we recommend that you open all products and check exactly what is damaged, take photographs of the damagess, then contact Nidagravel UK on T: 01536 216460. Unfortunately, we cannot collect damaged product. Customers are advised to dispose of any damaged product once replacements have been organised.

    3. Arranging a refund and collection
    For all goods to be returned, contact Nidagravel UK on T: 01832 77 65 68 at the earliest opportunity. We will confirm the amount to be refunded and arrange for collection of your goods, where applicable, subject to this policy. Please note the following:
    a. Only full or whole orders can be returned.
    b. Collections are made by our pallet hauliers only. Collections will be made using an LGV equipped with a tail lift and hand operated pallet truck, therefore any item to be collected must be on a flat, level and firm surface (grass or gravel is not suitable) and easily accessible for the haulier to collect.
    c. You will be advised by Nidagravel UK by telephone and/or email of the date of collection and must ensure that the goods to be returned are ready and in a suitable location.
    d. If we are unable to collect product being returned for any reason, you will be responsible for the cost of the unsuccessful attempt to collect the goods. This will be charged at cost per jumbo or standard pallet.
    e. Once the goods have been returned to Nidagravel UK, the products will be inspected for damage. You will be responsible for any damage/s incurred in transit returning the goods to us and this may affect the amount refunded.
    f. Once the goods have been inspected, your refund will be processed. All refunds are made by BACS payment to your account and we will require your bank account details to process the refund. All refunds are processed within 14 working days of the goods being received and inspected by Nidagravel UK.