Terms and Conditions
Any agreement between you and Strulch Limited (company number 05052776) of 26 Hill Crescent, Burley In Wharfedale, Ilkley, LS29 7QG is made on these Conditions. By placing your order you confirm that you agree to these Conditions.
1. Definitions
1.1 Cancellation and Return Policy means the Policy set out in clause 7.
1.2 "Goods" means the items you order from us as detailed on the Order Form or any alternative items supplied to you pursuant to clause 6.1.
1.3 "Order" means your offer to purchase Goods from Strulch.
1.4 "Order Form" means the form completed by you online when you Order the Goods (referred to on the Website as “Basket”).
1.5 "Website" means www.strulch.co.uk
2. Placing an order
2.1 Browse the Website and select your chosen Goods.
2.2 Complete the Order Form in full and follow the instructions detailed on the Website to place your Order. You will need to complete the details in the "Checkout" section of the Website. You will have the opportunity to review your order in the "Checkout" section before pressing the "Place Order" button.
2.3 If you make any errors in your selections up to this point, you can leave the ordering process before you press the "Place Order" button.
2.4 After completing and submitting the Order Form, you will receive an e-mail confirming the details of the Goods ordered. No agreement exists between you and Strulch until you receive this e-mail. At any stage before placing the Order you may click back through the screens and amend any details you have inputted and/or choose not to continue with the Order.
2.5 Where your Order includes delivery instructions that require clarification, in addition to the email referred to in clause 2.4, Strulch will contact you by telephone using the contact details you provide with your Order to discuss your Order and arrange delivery. You should ensure that the contact details you give are correct as Strulch will be unable to deliver the mulch if it cannot contact you. In the event that Strulch cannot contact you, for example if you have given incorrect details, Strulch reserves the right to cancel your Order and refund any sums paid by you.
2.6 Strulch will record your agreement to these Conditions, but will not file a copy of the concluded contract. You can use the “Print” facility of your browser to print a copy of these Terms for your own reference at no additional charge.
2.7 Any mulch specifications, formulations, data, literature and statements as to suitability, performance or otherwise, issued and descriptions and samples given by us in connection with Strulch mineralised straw mulch are offered in good faith but are intended to be approximate only and shall not constitute representations nor shall they become warranties or conditions of the contract.
3. Price
3.1 The Website sets out the price of the Goods, in pounds sterling, next to the illustration/description of the Goods. The price will be confirmed on the Order Form before you place your Order and in the event of a discrepancy between the two prices, the price displayed on the Order Form shall prevail.
3.2 Unless otherwise stated, the price is exclusive of any delivery charge and this delivery charge shall be as set out on the Website.
3.3 Strulch reserves the right to increase prices of any item displayed for sale on the Website and/or delivery charges from time to time. However, where the price of Goods and/or delivery charges changes between Order and delivery, the price and/or charge will be as displayed on the Order Form.
3.4 Unless otherwise stated, the price is inclusive of any VAT payable in the United Kingdom.
4. Payment
4.1 The amount payable by you shall be the total price of the Goods and the applicable delivery charges as set out at clause 3.1.
4.2. The acknowledgement of Order e-mail set out as described at clause 2.4 will confirm the price payable by you.
4.3 Payment can be made by credit or debit card (we do currently accept American Express). Payment will be deducted from your credit card on the date when Strulch accepts the order and delivers confirmation to you as described in clause 2.4.
5. Availability and delivery
Where an Order is accepted and a confirmation is sent to you as described in clause 2.4 for orders of 1 to 25 x 100 litres bags of Strulch, your Order will be processed and clauses 5.1, 5.2 and 5.3 shall apply;
5.1 If the Goods are in stock, they will be despatched and delivered by courier to the address provided in the Order Form with Goods to be signed for on delivery.
Goods cannot be delivered to any address outside of the UK mainland.
Strulch will aim to deliver Goods within seven working days.
Strulch cannot be held responsible if the delivery address provided by you is incorrect.
5.2 Strulch will use reasonable endeavours to ensure that delivery takes place within the time specified in clause 5.1 and that the items displayed on the Website are in stock. However, you acknowledge that the time for delivery specified in clause 5.1 is an estimate and that, in particular, Strulch cannot control delays taking place once the Goods have been despatched by Strulch. Your rights under these Conditions if the Goods are not delivered within the timescales set out in clause 5.1 are set out in clause 6.
5.3 Strulch reserves the right to refund your payment in the event that the Goods ordered by you are unavailable.
Where an Order is accepted for orders of 25 x 150 litre packs of Strulch or more, a confirmation is sent to you as described in clause 2.4 and Strulch may also contact you by telephone as described in clause 2.5, your Order will be processed and clauses 5.4 to 5.7 shall apply:
5.4 Strulch will offer a delivery date, if delivery on this date is not possible an alternative delivery date will be agreed with you by telephone. Strulch will deliver the mulch on the agreed delivery date to the agreed delivery address, and will deliver the mulch on pallets by lorry.
5.5 It is essential that you are available at the delivery address to accept delivery, and you must provide safe access to the point of unloading. Strulch is unable to deliver the mulch if you are not present, and for this reason it is important that you ensure that you are happy with the delivery date agreed.
5.6 Mulch cannot be delivered to any address outside of the UK mainland.
5.7 Strulch reserves the right to refund your payment in the event that the mulch ordered by you is unavailable.
6. Non-Delivery
6.1 If the Goods have not been delivered to you 3 days after the latest date for delivery to your address as set out in clause 5.1 you should contact Strulch using the details available at www.strulch.co.uk You will then be given the option of:
6.1.1 cancelling your Order. Strulch will then refund the price you paid in accordance with the Cancellation and Return Policy; or
6.1.2 arranging a revised delivery date, in which case clauses 5.4 to 5.7 shall apply to the revised delivery date.
6.2 Strulch shall not be liable for any non-delivery of Goods unless notice is given to Strulch within 10 working days starting from the day after the last date for delivery had delivery taken place in accordance with the timetable set out at clause 5.1 or such other time as agreed in accordance with clause 6.1.2. Such notice should be to the postal or e-mail addresses or telephone number set out at clause 10.10.
6.3 If for any reason (other than exercising your rights set out in the Cancellation and Return Policy to return the Goods) you will not accept delivery of the Goods or Strulch is unable to deliver the Goods on time because you have not provided appropriate instructions, including but not limited to inputting the correct delivery address on the Order Form because you have failed to comply with clause 5.5, Strulch may store the Goods until delivery whereupon you will be liable for all related costs and expenses.
6.5 Where bags of mulch have been removed from a pallet to an extent were the pallet can not be repacked safely for transportation, Strulch will not be able to refund any sums paid by you in respect of the mulch.
6.6 Where Goods cannot be delivered because of the circumstances detailed in clause 6.4 or 6.5 and you ask for the Goods to be re-delivered Strulch reserves the right to make an additional delivery charge at the applicable rate set out in clause 3.2.
7. Cancellation and return policy
This clause 7 sets out Strulch’s Cancellation and Return Policy. It sets out your rights to cancel your Order and return the Goods.
7.1 You may cancel your Order at any point after you place your Order until the end of thirty days beginning with the day after the date on which you receive the Goods. If you cancel your Order and wish to return the Goods under this clause, the following provisions will apply:
7.1.1 to cancel your order you should contact Strulch using the details available at http://www.strulch.co.uk
7.1.2 in order to improve our customer service we will ask why you wish to return the Goods;
7.1.3 Goods must be returned complete, in an unused and undamaged condition;
7.1.4 Goods must be returned to Strulch at your expense as soon as possible following your cancellation; and
7.1.5 Strulch will repay any sums paid by you for the Goods within 30 days of receiving your notice of cancellation. Where you have not complied with clause 7.1.4 Strulch may deduct any costs incurred by it in recovering the Goods.
7.2 If you wish to return the Goods because they do not comply with these Conditions, any of your statutory rights, or where Strulch has not supplied the correct Goods, you should contact Strulch using the details set out in clause 7.1.1 within a reasonable period of discovering the fault or error. If you agree to return the Goods at Strulch’s expense, you may ask Strulch to send you replacement Goods, or to repay any sums paid for you by the Goods within 30 days.
7.3 Your rights under clause 7.2 do not arise where packaging has been damaged in transit but the Goods themselves are undamaged.
7.4 If you exercise your right to cancel your Order in accordance with clause 6.1.1, Strulch will repay any sums paid by you for the Goods within 30 days of you telling Strulch that you have cancelled your order.
8. Risk and Property
8.1 Risk of damage to, or loss of, the Goods shall pass to you upon delivery of the Goods.
8.2 Ownership of the Goods shall not pass to you until Strulch has received in full (in cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to Strulch from you on any Order.
8.3 If you intend to return or exchange the Goods in accordance with the Cancellation and Return Policy, you must take reasonable care of the Goods pending their return to Strulch
9. Liability
9.1 Strulch warrants that it has title to sell the items that it displays on the Website.
9.2 Strulch will not be responsible for any losses suffered by you which were:
9.2.1 not foreseeable to Strulch and you when you placed your Order; or
9.2.2 not caused by any breach on the part of Strulch.
9.3 Nothing in these Conditions excludes or limits the liability of Strulch for fraudulent misrepresentation or death or personal injury caused by the negligence of Strulch or its employees.
9.4 In circumstances where Goods have been used (or were intended for use) for purposes related to your trade, business or profession and you are not acting as a consumer, the following limitations of liability shall apply:-
9.4.1 Strulch will not be responsible for any consequential loss or damage including (without limitation) loss of profit, loss of business, loss of contracts, loss of opportunity, loss or depletion of goodwill, costs or expenses (whether arising in contract, tort, negligence, breach of statutory duty or otherwise) that might arise.
9.4.2 Subject to clauses 9.4.1, 9.2 and 9.3, Strulch’s maximum total liability to you in respect of all losses (whether arising in contract, tort, negligence, breach of statutory duty or otherwise) shall not exceed 125% of the total sums paid by you to Strulch under this Agreement in respect of the relevant Goods.
9.5 Strulch cannot be held responsible for any failure to deliver the Goods due to anything that is beyond its reasonable control including but not limited to fires, explosions, severe weather, industrial disputes (of its own or other employees), insurrection, riots, embargoes, raw material shortages, delays in transportation, requirements or regulations of any civil or military authority, war (whether declared or not), civil unrest and terrorist action. Strulch shall have no liability towards you for any loss or damage that you may suffer as a result of circumstances beyond Strulch’s reasonable control.
10. General
10.1 Strulch will not use the information for any purpose other than processing your order, mailing newsletters and updates and customer care. Strulch will not pass your information to any other third parties.
10.2 If for any reason a court finds any provision of these Conditions to be invalid or unenforceable, then these Conditions shall continue in force except for those parts of the invalid or unenforceable provision that have to be deleted to enable the remaining parts, and the other provisions, to be valid and enforceable.
10.3 Failure or delay by Strulch in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under them.
10.4 Any waiver by Strulch of, or any default under, any provision of these Conditions by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of these Conditions
10.5 Strulch reserves the right to defer the date of performance or cancel any agreement under these Conditions without liability to you if it is prevented from or delayed in the carrying on of its business due to circumstances beyond Strulch’s reasonable control provided that if the event in question continues for a continuous period in excess of 30 days, you shall be entitled to give written notice to Strulch to cancel such agreement and obtain a refund of any sums paid.
10.6 Any notice required to be given to Strulch shall be in writing and sent by post or by e-mail to the contact details available at http://www.strulch.co.uk unless otherwise notified. Any notice required to be given to you by Strulch shall be in writing and sent by post or email to the addresses that you provided when ordering the Goods, unless otherwise notified
10.7 You agree with Strulch that any agreement made under these Conditions is between you and Strulch only and it is not intended to be enforceable by any other person who is not a party to it.
10.8 These Conditions shall be governed by English law. You submit and Strulch submits to the non-exclusive jurisdiction of the English Courts.
10.9 Any agreement between you and Strulch is made under these Conditions, and includes, the descriptions of the Goods as provided by us on our Website, the Order Form, the Cancellation and Return Policy and the Privacy Policy. Together these constitute the entire agreement and understanding of you and Strulch and supersede any previous agreement between you and Strulch relating to the subject matter of such agreement. Nothing in this clause shall, however, operate to limit or exclude any liability for fraudulent misrepresentation.
10.10 You may contact us by telephone, post or e-mail via the contact details available at www.strulch.co.uk.
10.11 You acknowledge that Strulch may change these Conditions from time to time. The terms which apply to your purchase of the Goods will be the Conditions which were in force on the date you placed your order.
