Free delivery with handover on machines
Full pre-delivery assembly on all machines
Local showrooms with click & collect
Expert aftercare & sales backup

Terms of service

This Agreement (together with any documents referred to therein) sets out the terms and conditions relating to your use of our website “ripongroundcare.com”. Please read these terms and conditions carefully as they contain important information about your rights and obligations when using our Site. You should understand that by using the Site, you agree to be bound by these terms and conditions.

These Terms of Service relate to domestic, retail users. Find the Terms of Service for business customers below.

Please click on the box marked "I Agree" within the cart if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to complete any purchase.  You must print and retain a copy of these terms and conditions for future reference.

Every effort is made that the content of this website is accurate.  However, should errors occur in the description of a product or its pricing we reserve the right to cancel the sale.

Descriptions and images are approximate only, and, for technical reasons, items may vary from the image shown.

We aim to keep our website as up-to-date as possible.  However, there may be times when product pricing / description / availability do not correspond with the current status.

INFORMATION ABOUT US

We are Ripon Ground Care, part of Ripon Farm Services. Our head office address is at Dallamires Lane, Ripon, North Yorkshire. HG4 1TT. VAT number 203 8559 12.

This website is wholly owned and operated by Ripon Ground Care.  All rights pertaining to this website, including copyright, are owned by Ripon Ground Care.  Users may not modify or post anything on this website, nor store or copy any part of it.

1.  YOUR STATUS

By placing an order through our Site, you warrant that:

1.1  You are legally capable of entering into binding contracts; and

1.2  All of the information provided by you in your order is true and accurate; and

1.3  You are at least 18 years old.

2.  HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

2.1  After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. 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 dispatched by us. The contract between us (Contract) will only be formed when we provide you with the Dispatch Confirmation, by electronic means or other means as appropriate.

2.2  The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

3.  OUR STATUS

3.1  We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

4.  CONSUMER RIGHTS

4.1  If you are contracting as a consumer, you may cancel a Contract at any time within 14 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 10 below).

4.2  To cancel a Contract, you must inform us in writing (see clauses 10 and 20 for contact details). You must also return the Product(s) to us within 14 days of you communicating your cancellation notice to us, 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 whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

4.3  Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.

5.  AVAILABILITY OF GOODS

5.1  We will do our best to ensure that the products on offer on our website are available. However, all our products offered for sale are subject to availability. If an item is out of stock we will contact you to offer a suitable replacement or refund. We reserve the right to cancel an order, and reimburse you for any payments made.

5.2  All items listed on our website are subject to availability in the same manner as standard purchases. In the event of an item being unavailable we will contact you to offer a suitable alternative, if appropriate.

6. DELIVERY INFORMATION

The delivery information below relates to retail, domestic users only.

Type of product

Total order value (excluding delivery charges)

Estimated dispatch time (subject to stock availability)

Method of delivery

Delivery charge

Garden machinery and ride-on mowers

All orders

Typically 1-3 working days, dependent on the item being in stock. (Monday – Friday)

Local delivery by one of our local handover team who will go through a handover with you, showing you the basics of how to operate and care for your machine.

FREE to the local areas around our 14 depots.

See the eligible postcode districts beneath this table.

Spare parts, engines, and accessories

Up to £100.00

Typically 1-3 working days, dependent on the item being in stock. (Monday – Friday)

Royal Mail Tracked 24

We reserve the right to decide whether to use Royal Mail postage or a courier service.

£4.99
To mainland UK destinations

Spare parts, engines and accessories

£100.01 and over

Typically 1-3 working days, dependent on the item being in stock. (Monday – Friday)

Next working day tracked delivery. A signature will be required as proof of delivery.

The carrier reserves the right to operate a 2-3 day service for deliveries to the Scottish Highlands.

Free 

To most mainland UK destinations.

£19.50

To Northern Scotland*

(postcodes below)

 

Free Local Delivery Areas for Garden Machinery and Ride on Mowers

Blackburn and surrounding areas

BB0, BB1, BB2, BB3, BB4, BB5, BB6, BB7, BB8, BB9, BB10, BB11, BB12, BB18, BB94

Bolton and surrounding areas

BL0, BL1, BL2, BL3, BL4, BL5, BL6, BL7, BL8, BL9

Bradford and surrounding areas

BD2, BD3, BD4, BD5, BD6, BD7, BD9, BD10, BD11, BD12, BD13, BD14, BD15, BD16, BD17, BD18, BD19, BD20, BD21, BD22, BD23, BD24

Darlington and surrounding areas

DL1, DL2, DL3, DL4, DL5, DL6, DL7, DL8, DL9, DL10, DL11, DL12, DL13, DL14, DL15, DL16, DL17, DL98

Doncaster and surrounding areas

DN1, DN2, DN3, DN4, DN5, DN6, DN7, DN8, DN9, DN10, DN11, DN12, DN14, DN15, DN16, DN17, DN18, DN19, DN20, DN21, DN22, DN31, DN32, DN33, DN34, DN35, DN36, DN37, DN38, DN39, DN40, DN41

Durham and surrounding areas

DH1, DH2, DH3, DH4, DH5, DH6, DH7, DH8, DH9, DH97, DH98, DH99

Halifax and surrounding areas

HX1, HX2, HX3, HX4, HX5, HX6, HX7

Harrogate and surrounding areas

HG1, HG2, HG3, HG4, HG5

Huddersfield and surrounding areas

HD1, HD2, HD3, HD4, HD5, HD6, HD7, HD8, HD9

Hull and surrounding areas

HU1, HU2, HU3, HU4, HU5, HU6, HU7, HU8, HU9, HU10, HU11, HU12, HU13, HU14, HU15, HU16, HU17, HU18, HU19, HU20

Lancaster and surrounding areas

LA1, LA2, LA3, LA4, LA5, LA6

Leeds and surrounding areas

LS1, LS2, LS3, LS4, LS5, LS6, LS7, LS8, LS9, LS10, LS11, LS12, LS13, LS15, LS18, LS19, LS20, LS21, LS22, LS23, LS24, LS25, LS26, LS27, LS28, LS29

Lincoln and surrounding areas

LN1, LN2, LN3, LN4, LN5, LN6, LN7, LN8, LN9, LN10, LN11, LN12, LN13

Manchester and surrounding areas

M24, M25, M26, M27, M28, M29, M35, M38, M45, M46

Middlesborough and surrounding areas

TS1, TS2, TS3, TS4, TS5, TS6, TS7, TS8, TS9, TS10, TS11, TS12, TS13, TS14, TS15, TS16, TS17, TS18, TS19, TS20, TS21, TS22, TS23, TS24, TS25, TS26, TS27, TS28, TS29

Newcastle and surrounding areas

NE1, NE2, NE3, NE4, NE5, NE6, NE7, NE8, NE9, NE10, NE11, NE12, NE13, NE15, NE16, NE17, NE18, NE19, NE20, NE21, NE22, NE23, NE24, NE25, NE26, NE27, NE28, NE29, NE30, NE31, NE32, NE33, NE34, NE35, NE36, NE37, NE38, NE39, NE40, NE41, NE42, NE43, NE44, NE45, NE46, NE47, NE48, NE49, NE61, NE62, NE63, NE64, NE65, NE66, NE67, NE68, NE69, NE70, NE71, NE82, NE83, NE85, NE88, NE89, NE92, NE98, NE99

Oldham and surrounding areas

OL1, OL2, OL3, OL4, OL5, OL6, OL7, OL8, OL9, OL11, OL12, OL13, OL14, OL15, OL16

Peterborough and surrounding areas

PE23, PE24, PE25

Sheffield and surrounding areas

S1, S2, S3, S4, S5, S6, S7, S8, S9, S10, S11, S12, S13, S14, S15, S16, S17, S18, S19, S20, S21, S22, S23, S24, S25, S26, S27, S28, S29, S30, S31, S32, S33, S34, S35, S36, S37, S38, S39, S41, S43, S46, S47, S48, S49, S50, S51, S52, S53, S54, S55, S56, S57, S58, S59, S60, S61, S62, S63, S64, S65, S66, S67, S68, S69, S70, S71, S72, S73, S74, S75, S76, S77, S78, S79, S80, S81, S82, S83, S84, S85, S86, S87, S88, S89, S90, S91, S92, S93, S94, S95, S96, S97, S98, S99

Sunderland and surrounding areas

SR1, SR2, SR3, SR4, SR5, SR6, SR7, SR8, SR43

Stockport and surrounding areas

SK5, SK14, SK15, SK16

Wakefield and surrounding areas

WF1, WF2, WF3, WF4, WF5, WF6, WF7, WF8, WF9, WF10, WF11, WF12, WF13, WF14, WF15, WF16, WF17, WF90

York and surrounding areas

YO1, YO7, YO8, YO10, YO11, YO12, YO13, YO14, YO15, YO16, YO17, YO18, YO19, YO21, YO22, YO23, YO24, YO25, YO26, YO30, YO31, YO32, YO41, YO42, YO43, YO51, YO60, YO61, YO62

* Northern Scotland Postcodes: AB31, AB32, AB33, AB34, AB35, AB36, AB37, AB38, AB41, AB42, AB43, AB44, AB45, AB51, AB52, AB53, AB54, AB55, AB56, FK19, FK20, FK21, HS1, HS2, HS3, HS4, HS5, HS6, HS7, HS8, HS9, IV1, IV10, IV11, IV12, IV13, IV14, IV15, IV16, IV17, IV18, IV19, IV2, IV20, IV21, IV22, IV23, IV24, IV25, IV26, IV27, IV28, IV3, IV30, IV31, IV32, IV36, IV4, IV40, IV41, IV42, IV43, IV44, IV45, IV46, IV47, IV48, IV49, IV5, IV51, IV52, IV53, IV54, IV55, IV56, IV6, IV61, IV63, IV7, IV8, IV9, KA27, KA28, KW1, KW10, KW11, KW12, KW13, KW14, KW15, KW16, KW17, KW2, KW3, KW5, KW6, KW7, KW8, KW9, PA20, PA21, PA22, PA23, PA24, PA26, PA27, PA28, PA29, PA30, PA31, PA32, PA33, PA34, PA35, PA36, PA37, PA38, PA41, PA42, PA43, PA44, PA45, PA46, PA47, PA48, PA49, PA60, PA61, PA62, PA63, PA64, PA65, PA66, PA67, PA68, PA69, PA70, PA71, PA72, PA73, PA74, PA75, PA76, PA77, PA78, PH1, PH5, PH6, PH7, PH8, PH9, PH10, PH15, PH16, PH17, PH18, PH19, PH20, PH21, PH22, PH23, PH24, PH25, PH26, PH30, PH31, PH32, PH33, PH34, PH35, PH36, PH37, PH38, PH39, PH40, PH41, PH42, PH43, PH44, PH49, ZE1, ZE2, ZE3.

6.1   If you fail to take or accept delivery of the goods within 3 working days of being notified that they are available then except where such failure or delay is caused by a Force Majeure event or failure to comply with our obligations:-
   
6.1.1   Delivery of the goods shall be deemed to have been completed at 9.00am on the 3rd working day after notification of their availability; and

6.1.2   We reserve the right to store the goods until delivery takes place and charge you for all related costs and expenses (including insurance).

6.2   If we fail to deliver the goods our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality less the price of the goods.  We shall have no liability for any failure to deliver the goods to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions.

7. RISK AND TITLE

7.1  The Products will be at your risk from the time of delivery.

7.2  Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8.  PAYMENT

8.1  The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

8.2  These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Information above.

8.3  Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

8.4  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.

8.5  We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

8.6  Payment for all Products must be by credit or debit card.

8.7  You undertake to us that the details you give to us when placing an order and in particular that the credit or debit card you are using is your own and that there are sufficient funds to fully cover the cost of the order.

8.8  All payments will be processed on receipt of order and transferred to the secure payments site of the relevant bank.

8.9  Payment for all orders must be made by credit or debit card. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you. If we have reason to suspect that your details have been obtained fraudulently from us, we will endeavour to let you know as soon as we can.  We regret we cannot process orders where we have been unable to obtain authorisation for payment.

9.   PRE-DELIVERY INSPECTION SERVICE

9.1 Most of our machinery undergoes a thorough pre-delivery inspection, including removal from its box, assembly, test run and, if necessary, adjusted prior to release to the customer.

10.  OUR REFUNDS POLICY

10.1   Please note this Policy applies to UNUSED PRODUCTS ONLY.

10.2   You have the right to cancel this contract within 14 days without giving any reason.

10.3   The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products or, in the case of a contract relating to multiple Products ordered by you, 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product.

10.4   To exercise the right to cancel, you must inform us at Ripon Ground Care, Occupation Lane, Swanland, HU14 3QZ, telephone 01482 631148, or e-mail enquiry@ripongroundcare.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use our cancellation form by clicking on the link and printing the form, but it is not obligatory.

10.5   To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

10.6   If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you.

10.7   We will make the reimbursement without undue delay, and not later than:

(a) 14 days after the day we receive back from you any Products supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or
(c) if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

10.8   You shall send back the Products or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the Products before the period of 14 days has expired.

10.9   You will have to bear the direct cost of returning the Products. The cost is estimated at a maximum of approximately £50.

10.10   You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.

10.11   We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.

10.12   When you return a Product to us other than during the 14 day cancellation period (for instance, because you have notified us in accordance with paragraph 26 (found in our Terms of Service for retail, domestic users) 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 if deemed appropriate following examination of the returned item via e-mail or other appropriate means 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.


11.  ACCOUNT SECURITY / PERSONAL DETAILS

11.1   If you suspect that somebody has gained unauthorised access to your user account details please contact us immediately, so that we can cancel your user account and set up a new one for you. If you suspect that somebody may have wrongfully accessed your payment card details to make a purchase on this site please contact us without delay.

11.2   Your account security is of paramount importance to us, and we will take all reasonable care to ensure that your details are kept secure. However, unless found negligent, we cannot be held liable for any losses incurred if a third party obtains unauthorised access to any data provided by our customers.

11.3   For the avoidance of doubt payment details including credit or debit card are not stored on our website.

12.  CANCELLATIONS

12.1   We reserve the right to cancel an order or close an account. Any monies relating to unfulfilled purchases made in connection with them will be refunded in full. 

13.  FAULTY / DAMAGED GOODS

13.1   Every effort is made to ensure that goods reach you in good condition. However, on occasion faulty goods may need to be returned for a replacement or a full refund. Please note that we are unable to offer a refund or replacement on items that have been damaged through wrongful or inappropriate use, not following instructions or normal wear and tear. You have 30 days from delivery to return faulty items. We ask that you contact us regarding any faulty items to arrange their return.

13.2   Should goods arrive damaged in transit and the damage is apparent, we ask that you note this on the delivery note. Please notify us immediately so that we can arrange return and a replacement or refund.  Please note that all such items for return must be accompanied by the original packaging and all relevant documentation.

14.  WARRANTIES

14.1   All products advertised in this site carry a manufacturer’s warranty.  Any part or parts of the product that are considered by an authorised agent for the product to be defective in materials or workmanship or both will be replaced free of charge.

14.2   The warranty periods shown are effective from the date of delivery and, unless otherwise permitted by the manufacturer, apply to the original owner only.

14.3   Unless otherwise stated, the warranty periods shown assume use of the product in “domestic use” and that the product has been maintained in accordance with the instructions published by the manufacturers of the various components.  “Domestic use” is limited to use in a residential household situation and excludes any use of the product for commercial operations, income producing or rental operations and racing / competition.

14.4   Details of commercial use warranties are provided for machines suitable for use in commercial applications.  Where a commercial use warranty is not shown, details are available on request.

14.5   Only authorised agents can carry out warranty repairs.  Details of your nearest agent are available on request.

14.6   The warranty policy or policies covering a product will only cover defective materials and / or workmanship.  Unless otherwise stated, the warranty will not cover the following:-

(a) Normal wear and tear
(b) Neglect, abuse and / or use of the product for a purpose for which it was not intended
(c) Failures resulting from lack of or improper maintenance / adjustment
(d) Failures caused by parts and / or accessories that are not genuine
(e) Contamination caused by stale or dirty fuel
(f) Failures resulting from insufficient lubrication
(g) Routine maintenance and adjustment
(h) Bent or broken crankshaft
(i) Bent blade(s)
(j)   Failures caused by use of incorrect fuel
(k) Expenses incurred whilst the product is out of use for warranty repairs    

This list is not intended to be exhaustive.

14.7   Batteries and gear boxes can have different warranty periods to the rest of the machine.  Details are available on request.

14.8   If you have any questions regarding warranties please do not hesitate to contact us.

15.  OUR LIABILITY

15.1   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.

15.2   Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased.

15.3   This does not include or limit in any way our liability:

(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation;
(d) For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or
(e) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

15.4   We are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to:

(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;

provided that this clause 15.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 15.1 or clause 15.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this 15.4.

15.5   Although we do our best to ensure that the Site is secure, the internet is widely accessed from many countries and therefore we do not make any warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties.

16.  IMPORT DUTY

16.1   If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

16.2   Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

17.  LINKS TO AND FROM OTHER WEBSITES

Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.  Notwithstanding the above any party wishing to link to our website may not do so without express prior consent, such consent not to be unreasonably withheld.

18. PRIVACY POLICY

Ripon Ground Care ("We") are committed to protecting and respecting your privacy.

This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the General Data Protection Regulations (the Regulations), the data controller is Ripon Ground Care of Occupation Lane, Swanland, HU14 3QZ.

18.1   Information we may collect from you

We may collect and process the following data about you:

18.1.1  Information that you provide by filling in forms on our site “ripongroundcare.com” (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
18.1.2  If you contact us, we may keep a record of that correspondence.
18.1.3  We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
18.1.4  Details of transactions you carry out through our site and of the fulfilment of your orders.
18.1.5  Details of your visits to our site and the resources that you access.

18.2   IP Address and Cookies

We may collect information about your computer, including where available your IP address, operating system and browser type for system administration. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

18.2.1  To estimate our audience size and usage pattern.
18.2.2  To store information about your preferences, and so allow us to customise our site according to your individual interests.
18.2.3  To speed up your searches.
18.2.4  To recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you log on to our site.

18.3   Storing your personal data

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

18.4   Uses made of the information

We use information held about you in the following ways:

18.4.1  To ensure that content from our site is presented in the most effective manner for you and for your computer.
18.4.2  To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
18.4.3  To carry out our obligations arising from any contracts entered into between you and us.
18.4.4  To allow you to participate in interactive features of our service, when you choose to do so.
18.4.5  To notify you about changes to our service.
18.4.6  Where it is necessary to validate the warranty on your purchase we may complete and submit the registration details on your behalf.  This may involve supplying your details, and details of the equipment purchased, to the Manufacturer of the equipment or the Manufacturer’s UK representative if the Manufacturer us not UK based.

If you are an existing customer and you have consented, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you. 

18.5   Disclosure of your information

We may disclose your personal information to any member of our group, which means our subsidiaries, or in the event of us incorporating as a Limited Company or a Limited Liability Partnership, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may disclose your personal information to third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Ripon Ground Care, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

18.6   Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we would like to use your data for such purposes or if we would like to disclose your information to any third party for such purposes. You can change your preferences at any time by contacting us at Occupation Lane Swanland East Yorkshire HU14 3QZ OR “enquiry@ripongroundcare.com”.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

18.7   Access to information

The Regulations gives you the right to access information held about you. Your right of access can be exercised in accordance with the Regulations. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you if the request is deemed manifestly unfounded or excessive.

18.8   Changes to our Privacy Policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

18.9   Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to “enquiry@ripongroundcare.com”. 

19.  WRITTEN COMMUNICATIONS

19.1   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 wholly or mainly electronic.  We will contact you by e-mail or telephone 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 or by post comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

19.2   We will not tolerate language that is unlawful or may be considered threatening, harassing, abusive, obscene or defamatory, either in verbal or written form (e.g. e-mails and letters).

20.  NOTICES

20.1   Notices given by you to us must be given to Ripon Ground Care  at Occupation Lane  Swanland  East Yorkshire  HU14 3QZ, e-mail “enquiry@ripongroundcare.com”.  We may give notice to you at either the e-mail or postal address you provide to us when placing an order.  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.

21.  TRANSFER OF RIGHTS AND OBLIGATIONS

21.1   The contract between you and us is binding on you and us and on our respective successors and assigns.

21.2   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.

21.3   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.

22.  EVENTS OUTSIDE OUR CONTROL

22.1   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").

22.2   A Force Majeure Event includes any act, event, non-happening, omission, accident or other circumstance(s) beyond our reasonable control and includes in particular (but without limitation) the following:   

(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private communications networks including, but not limited to, the internet.
(f) The acts, decrees, legislation, regulations or restrictions of any government.

22.3   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.

23.  WAIVER

23.1   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.

23.2   A waiver by us of any default shall not constitute a waiver of any subsequent default.

23.3   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 20 above.

24.  SEVERABILITY

24.1   If any of the clauses or sub-clauses 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 clause, sub-clause, term, condition or provision will to that extent be severed from the remaining clauses, sub-clauses, terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

25.  ENTIRE AGREEMENT

25.1   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.

25.2   We each acknowledge that, in entering into a Contract, neither of us has relied on any statement representation, assurance or warranty given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

25.3   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.

25.4   Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.

25.5   Nothing in this clause shall limit or exclude any liability for fraud.

26.  OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

26.1   We have the right to revise and amend these terms and conditions from time to time.

26.2   You will be subject to the policies and terms and conditions in force at the time that you place your order with 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 made by you), or if we notify you of the change to those policies or these terms and conditions before we send you the 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 seven working days of receipt by you of the Confirmation).

27.  LAW AND JURISDICTION

27.1   Contracts entered into through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.


WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT REGULATIONS

Buying a new electrical or electronic item from us? We'll recycle the one you’re replacing for free. Simply bring the old electrical item in within 28 days, show us the receipt for its replacement and we’ll do the rest.

We can arrange for collection of your old electrical or electronic item but we need to cover our transportation costs. Please contact us for a quote if you would like us to arrange a collection.

You can also find local recycling points for your old electricals at https://www.recycleyourelectricals.org.uk/electrical-recycling-locator/

Why recycle?

Recycling and reusing unwanted electrical or electronics can help save the planet, boost the economy and improve lives. Not only that, electrical and electronic equipment (EEE) contains materials, parts and substances which can be dangerous to the environment and harmful to human health if not disposed of correctly.

Electrical and electronic equipment is now the fastest growing waste stream in the UK and across the world.

Discover the impact of reusing and recycling your electricals at www.recycleyourelectricals.org.uk

What can I recycle?

Anything with a plug, battery or cable can be recycled or reused. The materials from recycled electricals can be used in everything from children’s playgrounds to lifesaving equipment, while donated tech can help bridge the digital divide.

You’ll find the crossed out wheelie bin symbol on all your electrical items. It is a reminder to recycle your old electricals, rather than binning them.

Reducing waste electricals

As part of our commitment to reducing the amount of unwanted electrical waste being incinerated or sent to landfill sites, we’ll recycle your old electricals free of charge when you buy new ones. Together we can stop precious resources from being lost forever, save lives and help protect the planet.

We take all your old electricals to a recycling plant for processing and separation into individual materials so they can be turned into new, more useful things.

Waste Electrical and Electronic Equipment (WEEE) is regulated by the UK Government. Find out more at https://www.gov.uk/guidance/regulations-waste-electrical-and-electronic-equipment.

We’re proud to be working with the national Recycle Your Electricals campaign.

TERMS OF SERVICE FOR BUSINESS CUSTOMERS

1.  USE OF WEBSITE

This agreement (together with any documents referred to therein) sets out the terms and conditions relating to your use of our website ripongroundcare.com (“the Site”) and the conditions of sale of goods and services listed on the Site. Please read these terms and conditions carefully as they contain important information about your rights and obligations when using our Site.

You should understand that by using the Site, you agree to be bound by these terms and conditions. Please click on the box marked "I Agree" within the following screens (as applicable) to confirm acceptance of the terms and conditions of use of the Site and Conditions of Sale:-

  1. Application for Trade Account / Upgrade my Account; and/or
    2. Placing of order.

Please understand that if you refuse to accept these terms and conditions, you will not be able to proceed with your application for a Trade Account, upgrade your account and/or to complete any purchase. You should print and retain a copy of these terms and conditions for future reference.

Every effort is made that the content of this website is accurate. However, should errors occur in the description of goods or services or their pricing we reserve the right to cancel the order.

Descriptions and images are approximate only and, for technical reasons, items may vary from the image shown.

We aim to keep our website as up-to-date as possible. However, there may be times when product pricing / description / availability do not correspond with the current status.

We have the right to revise and amend these terms and conditions from time to time. You will be subject to our policies and terms and conditions in force at the time that you place your order with 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 made by you), or if we notify you of the change to those policies or these terms and conditions before we accept your order (as defined in the Conditions of Sale), 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 seven working days of receipt by you of the acceptance of your order.

2.  INFORMATION ABOUT US

We are Ripon Ground Care, part of Ripon Farm Services. Our head office address is at Dallamires Lane, Ripon, North Yorkshire. HG4 1TT. Registered VAT number 203 8559 12.

This website is wholly owned and operated by Ripon Ground Care. All rights pertaining to this website, including copyright, are owned by Ripon Ground Care or third parties who have given us authorisation for use of their images and systems. Users may not modify or post anything on this website, nor store or copy any part of it.

3. YOUR STATUS

3.1   By placing an order through our Site, you warrant that:

3.1.1   You are legally capable of entering into binding contracts;

3.1.2   You are not a ‘consumer’ as such term is defined in the Consumer Protection (Distance Selling) Regulations 2000/2334 (as amended, extended or re-enacted from time to time);

3.1.3   All of the information provided by you in your order is true and accurate; and

3.1.4   You are at least 18 years old.

4. PRIVACY

Please read our Privacy Policy and Cookie Policy relating to the use of the Site. These also apply to the Conditions of Sale set out below.

5. OUR STATUS

We may also provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from companies to whose website we have provided a link on our Site will be of satisfactory quality, and any such deemed undertakings or warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your legal rights against the third party seller.

6.  ACCOUNT SECURITY / PERSONAL DETAILS

6.1   If you suspect that somebody has gained unauthorised access to your user account details please contact us immediately, so that we can cancel your user account and set up a new one for you. If you suspect that somebody may have wrongfully accessed your payment card details to make a purchase on this site please contact us without delay.

6.2   Your account security is of paramount importance to us, and we will take all reasonable care to ensure that your details are kept secure. However, unless found negligent, we cannot be held liable for any losses incurred if a third party obtains unauthorised access to any data provided by our customers.

6.3   For the avoidance of doubt credit or debit card details are not stored on our Site.

  1. CANCELLATIONS
    We reserve the right to cancel an order or close an account. Any monies relating to unfulfilled purchases made in connection with them will be refunded in full, save to the extent that such cancellation or closure relates to your default.
  2. LINKS TO AND FROM OTHER WEBSITES
    Links to third party websites on the Site are provided solely for your convenience. If you use these links, you may leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. Notwithstanding the above any party wishing to link to our website may not do so without express prior consent.

9.  WRITTEN COMMUNICATIONS

9.1   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 wholly or mainly electronic. We will contact you by e-mail or telephone 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 or by post comply with any legal requirement that such communications be in writing.

9.2   We will not tolerate language that is unlawful or may be considered threatening, harassing, abusive, obscene or defamatory, either in verbal or written form (e.g. emails and letters).

CONDITIONS OF SALE

1.  APPLICATION OF CONDITIONS OF SALE

1.1   We shall supply and you shall purchase the Goods and/or Services in accordance with the accepted order which is subject to these Conditions.

1.2   The Contract constitutes the whole agreement between the parties who confirm that they have not entered into the Contract in reliance upon any representations not expressly incorporated in the Contract.

2.  DEFEINITIONS AND INTERPRETATION

2.1   In these Conditions:-

“accepted order”

in the case of both Goods and Services, an order placed by you on the Site which has the meaning given in Condition 3.

“Business Day”

any day other than a Sunday or bank holiday;

“the Contract”    

the contract for the purchase and sale of the Goods and/or supply of the Services under these Conditions, including the Terms of Website Use;

“these Conditions”

these standard conditions of sale for the Site set out in this document and includes (if applicable) any special terms and conditions agreed in writing between you and us;

“you”

the person whose order for the Goods and/or Services placed on the Site is accepted by us;

“the Delivery Date”

the date on which the Goods are to be delivered as accepted by us;

“the Goods”

the goods (including any instalment of the goods or any parts for them) which we are to supply in accordance with these Conditions;

“month”

a calendar month;

“the Services”

services to be provided to you in accordance to these Conditions

“the Site”/“website”

ripongroundcare.com

“we”/“us”

Ripon Ground Care of Occupation Lane, Swanland, East Yorkshire, HU14 3QZ;

“writing”

includes any communications effected by electronic mail or any comparable means.

2.2   Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

2.3   The headings in these Conditions are for convenience only and shall not affect their interpretation.

3.  Basis of Sale and Service

3.1   Our employees or agents are not authorised to make any representations concerning the Goods and Services unless confirmed by us in writing. In entering into the Contract you acknowledge that you do not rely on, and waive any claim for breach of, any such representations which are not so confirmed.

3.2   No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of you and us.

3.3   We will do our best to ensure that the Goods and Services listed on our Site are available. However, all of our Goods and Services offered are subject to availability. We will do our best to state on the Site when items are unavailable. If an item ordered by you is out of stock we will back order the item, subject to exceptions (such as, but not limited to the items not being available to us, the item being obsolete) and dispatch to you as soon as is practicable following receipt by us. We reserve the right to cancel an accepted order, and reimburse you for any payments made, save to the extent that such cancellation relates to your default.

3.4   Your order constitutes an offer to us to buy our Goods/Services. All orders for our Goods and Services are subject to acceptance by us. The contract between you and us (Contract) will only be formed when we have accepted your order, by electronic means or other means as appropriate.

3.5   Goods and Services listed on the Site are subject to alteration without notice and do not constitute offers to sell the Goods and Services which are capable of acceptance. An order placed by you may not be withdrawn, cancelled or altered prior to acceptance by us and no contract for the sale of the Goods and/or Services shall be binding on us unless we have accepted an order placed by you by whichever is the earlier of:-

3.5.1   our written acceptance, excluding automated order confirmation emails

3.5.2   delivery of the Goods and/or supply of the Services; and/or

3.5.3   our sending an invoice and/or dispatch note

3.6   Any typographical, clerical or other accidental errors or omissions in any sales information, quotation, price list, invoice, dispatch note or other document or information issued by us or set out on the Site shall be subject to correction without any liability on our part.

4.  The Goods

4.1   No order submitted by you shall be deemed to be accepted by us otherwise than in accordance with Condition 3 above.

4.2   The specification for the Goods shall be as set out on the Site unless varied expressly in your order (and only if accepted by us).

4.3   We reserve the right to make any changes to the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to your specification, which do not materially affect their quality or performance.

4.4   No order which has been accepted by us may be cancelled by you except with our written agreement on the terms that you shall indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by us as a result of cancellation.

5.  The Services

5.1   We shall, in consideration of the fees being paid in accordance with the terms of payment at Condition 7, provide the Services expressly identified in the accepted order or otherwise agreed under the Contract.

5.2   We will use reasonable care and skill to perform the Services identified in the accepted order or as otherwise agreed under the Contract.

5.3   We shall use reasonable endeavours to provide the Services in accordance with the Contract including in relation to any agreed dates set out in the accepted order, but time will not be of the essence in the performance of these obligations.

6.  Price

6.1   The price of the Goods and Services shall be the price current at the date we accept your order or such other price as may be agreed in writing by us and you.

6.2   Where we have quoted a price for the Goods and Services other than in accordance with our published prices, the price quoted shall be valid for 14 days only or such other time as we may specify.

6.3   We reserve the right, by giving notice to you at any time before delivery, to increase the price of the Goods and Services to reflect any increase in the cost to us which is due to any factor beyond our control (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods and Services which are requested by you, or any delay caused by any of your instructions or your failure to give us adequate information or instructions.

6.4   Except as otherwise stated under the terms of any accepted order or in any of our price lists, and unless otherwise agreed in writing between you and us, all prices on the Site are exclusive of our charges for packaging and transport.

6.5   All prices stated are exclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods and Services. If you order Goods or Services from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

6.6   Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined and/or into which Services are to be supplied. We will not be liable for any breach by you of any such laws.

7.  Payment

7.1   Unless otherwise agreed with us in writing, you must make all payments required to be made pursuant to the Contract at the point of placing an order without any set-off, withholding or deduction except such amount (if any) of tax as a party is required to deduct or withhold by law. Where it has been agreed with us in writing you must make all payments required to be made pursuant to the Contract within 30 days of the date of the relevant invoice, or as otherwise agreed with us, without any off-set, withholding or deduction except such amount (if any) of tax as a party is required to deduct or withhold by law.

7.2   The time of payment shall be of the essence of these Conditions. If you fail to make any payment on the due date in respect of the price or any other sum due under these Conditions then we shall, without prejudice to any right which we may have pursuant to any statutory provision in force from time to time, have the right to charge you interest on a daily basis at an annual rate equal to the aggregate of 4% over the base rate of HSBC from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.

7.3   All payments shall be made to us as indicated on the Site, in the accepted order for the Goods and/or Services, or the invoice issued by us, as applicable.

8.  Delivery and Performance

8.1   Where appropriate delivery of the Goods shall be made by us delivering the Goods to the place specified in the accepted order.

8.2   The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by us in writing. The Goods may be delivered by us in advance of the Delivery Date upon giving reasonable notice to you.

8.3   If you fail to take delivery of the Goods or any part of them on the Delivery Date and/or fail to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, we shall be entitled upon giving written notice to you to store or arrange for the storage of the Goods and then notwithstanding the provision of Condition 10.1 risk in the Goods shall pass to you, delivery shall be deemed to have taken place and you shall pay to us all costs and expenses including storage and insurance charges arising from such failure.

9. Non-Delivery of Goods and Services

If we fail to deliver the Goods or any of them on the Delivery Date or the Services on the agreed date other than for reasons outside our reasonable control or the fault of our carrier or you:-

9.1   if we deliver the Goods and Services at any time thereafter we shall have no liability in respect of such late delivery;

9.2   if you give written notice to us within 7 Business Days after the Delivery Date or agreed date and we then fail to deliver the Goods and Services within 45 Business Days after receiving such notice you may cancel the order and our liability shall be limited to the excess cost (if any) incurred by you (in the cheapest available market) in sourcing goods to replace those Goods not delivered and/or procuring services to replace those Services not provided.

10.  Risk and Property

10.1   Risk of damage to or loss of the Goods shall pass to you at:-

10.1.1   in the case of Goods to be delivered at our premises, the time when we notify you that the Goods are available for collection; or

10.1.2   in the case of Goods to be delivered otherwise than at our premises, the time of delivery or, if you fail to take delivery of the Goods, the time when we have tendered delivery of the Goods; or

10.1.3   in the case of goods being installed by us, the time that we notify you that the installation is complete.

10.2   Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods, and all or any other goods agreed to be sold by us to you for which payment is then due.

10.3   Pending the transfer of the property in the Goods:-

10.3.1   you shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain our property, but if you do so all money owing by you to us shall (without prejudice to any other right or remedy of us) forthwith become due and payable.

10.3.2   you shall hold the Goods as our bailee and shall keep the Goods separate from those of you and third parties and properly stored, protected, insured and identified as our property;

10.3.3   you shall deal with Goods in the ordinary course of business only, which excludes dealings with Goods after you have entered into an insolvency situation; and

10.3.4   we may at any time require you to deliver up the Goods to us and in default you hereby grant to us a licence to enter upon any of your premises and/or procure (at your cost) a licence to enter onto the premises of any third party where the Goods are stored to repossess the Goods.

11.  Assignment

11.1   We may at any time assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of our rights or obligations under this contract.

11.2   You shall not, without our prior written consent, assign, transfer, charge, mortgage, subcontract or deal in any manner with all or any of your rights or obligations under this Contract.

12.  Defective Goods

  1. 1 If on delivery any of the Goods are defective in any material respect and either you lawfully refuse delivery of the defective Goods or, if they are signed for on delivery "condition and contents unknown" you give written notice of such defect to us within three Business Days of such delivery, we shall at our option:-

12.1.1   replace the defective Goods within 14 days of receiving your notice; or

12.1.2   refund to you the price for the Goods which are defective,

but we shall have no further liability to you in respect thereof and you may not reject the Goods if delivery is not refused or notice given by you as aforesaid. Where applicable, we will endeavour to repair the defective Goods where a warranty applies to the Goods and where the manufacturer has accepted liability under the said warranty.

12.2   No Goods may be returned to us without our prior written agreement. Subject thereto any Goods returned which we are satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced or, at our sole discretion we shall refund or credit you the price of such defective Goods but we shall have no further liability to you in respect thereof.

12.3   We shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration of the Goods without our approval, or any other act or omission on the part of you, your employees or agents or any third party.

12.4   Goods, other than defective Goods returned under Conditions 12.1 or 12.2, returned by you and accepted by us may be credited to you at our sole discretion and without any obligation on our part.

12.5   Subject as expressly provided in these Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

12.6   You shall be responsible to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by you is in compliance with all applicable statutory handling and sale of the Goods by you is carried out in accordance with directions given by us or any competent governmental or regulatory authority and you will indemnify us against any liability loss or damage which we might suffer as a result of your failure to comply with this Condition 12.6.

13.  Right to Return the Goods and to Receive a Refund

13.1   If you are not satisfied with any Goods purchased from us, you may cancel the Contract and return the Goods to us and obtain a refund of the price of the returned Goods, provided:-

13.1.1   You inform us of the decision to cancel the Contract within 7 Business Days of delivery of the Goods; and

13.1.2   The Goods are returned in their original condition and packaging; and

13.1.3   The Goods are returned in accordance with condition 13.3 below.

13.2   While the Goods remain in your possession you are under a duty to ensure that the Goods are kept safe and secure.

13.3   The costs of transportation shall be met by you unless the Goods do not meet the specification set out in the Contract, in which case we shall meet the reasonable costs of transportation.

14.  Customer's Default

14.1   If you fail to make any payment on the due date then, without prejudice to any other right or remedy available to us, we shall be entitled to:-

14.1.1   cancel the order or suspend any further deliveries of Goods and Services to you; and

14.1.2   appropriate any payment made by you to such of the Goods and Services (or the goods and services supplied under any other contract between you and us) as we may think fit (notwithstanding any purported appropriation by you).

14.2   This condition applies if:-

14.2.1   you fail to perform or observe any of your obligations hereunder or are otherwise in breach of the Contract; or

14.2.2   you become subject to an administration order or make any voluntary arrangement with your creditors (within the meaning of the Insolvency Act 1986) or (being an individual or firm) become bankrupt or (being a company) go into liquidation; or

14.2.3   an encumbrancer takes possession, or a receiver is appointed, of any of your property or assets; or

14.2.4   you cease, or threaten to cease, to carry on business; or

14.2.5   we reasonably apprehend that any of the events mentioned above is about to occur in relation to you and notify you accordingly.

14.3   If Condition 14.2 applies then, without prejudice to any other right or remedy available to us, we shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to you, and if the Goods and/or Services have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

15.  Liability

15.1   If we fail to perform the Services with care and skill we will carry out remedial action at no extra cost to you. If no remedial action is possible we will, subject to clauses 15.4 and 15.5, pay for the damage caused, subject to your duty to mitigate any loss which you might suffer.

15.2   You shall indemnify us against all damages, costs, claims and expenses suffered by us arising from loss or damage to any equipment (including that of third parties) caused by you, or your agents or employees.

15.3   Where “you” are two or more persons, such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a customer shall be joint and several obligations of such persons.

15.4   Nothing in the Contract limits or excludes our liability for:

15.4.1   death or personal injury caused by our negligence; or

15.4.2   fraud or fraudulent misrepresentation; or

15.4.3   breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law; or

15.4.4   breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

15.4.5   breach of section 2 of the Consumer Protection Act 1987.

15.5   Subject to clause 15.4, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

15.5.1   loss of profits;

15.5.2   loss of sales or business;

15.5.3   loss of agreements or contracts;

15.5.4   loss of anticipated savings;

15.5.5   loss of or damage to goodwill;

15.5.6   loss of use or corruption of software, data or information; or

15.5.7   any indirect or consequential loss.

16.  Communications

16.1   All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or sent by electronic mail:

16.1.1   (in the case of communications to us) to Ripon Ground Care at Occupation Lane, Swanland, East Yorkshire, HU14 3QZ or such changed address as shall be notified to you by us; or

16.1.2   (in the case of the communications to you) to the registered office of you (if a company) or (in any other case) to any address of you set out in any document which forms part of the Contract or such other address as shall be notified to us by you.

16.2   Communications shall be deemed to have been received:

16.2.1   if sent by pre-paid first class post, two Business Days after posting (exclusive of the day of posting); or

16.2.2   if delivered by hand, on the day of delivery; or

16.2.3   if sent by fax or electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.

16.3   Communications addressed to us shall be marked for the attention of Gillian Jenkins.

17.  Force Majeure

17.1   In the event that either party is prevented from fulfilling its obligations under the Contract by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout (subject to Condition 17.2) the party shall not be deemed to be in breach of its obligations under the Contract. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations when possible.

17.2   Condition 17.1 shall not apply with respect to strikes and lockouts where such action has been induced by the party so incapacitated.

17.3   Each party shall be liable to pay to the other damages for any breach of the Contract and all expenses and costs incurred by that party in enforcing its rights under the Contract.

17.4   If and when the period of such incapacity exceeds 3 months then the Contract shall automatically terminate unless the parties first agree otherwise in writing.

18.  Waiver

No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

19.  Severance

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

20.  Third Party Rights

A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.

21.  Governing Law and Jurisdiction

These terms and conditions shall be governed by the laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts.