Terms & Conditions
Strulch Limited Terms & Conditions
Please read the following terms and conditions carefully as use of and/or buying the product know as Strulch Garden Mulch from the www.strulch.co.uk website means that you will be bound by them.
Every effort has, is and will be taken to ensure that the information contained in this site is correct and up to date. The information may, however, become incomplete, inaccurate or out of date. To the full extent permitted by law, but subject to the terms and conditions of sale referred to below, we disclaim all warranties and representations (whether implied or expressed) as to the accuracy of any information contained on this website.
For the purposes of these Terms and Conditions the following definitions apply.
Contract: means the contract for sale by us and purchase of our product by you.
Goods: means the product you order from Strulch Limited that are available for purchase from this site in accordance with the terms and detailed on your order form.
Product: means Strulch, a garden mulch made from wheat straw for organic gardening.
Order Form: means the form completed by you on line or the form completed by us if you order our product over the telephone. Each order form has its own unique reference number and should be retained by you and be quoted when contacting us about your order. A delivery note will be sent with your product when it is dispatched and a copy of your order will be emailed to you when you supply a valid email address.
Website: Our world wide web address www.strulch.co.uk
We/Us: Strulch Limited whose registered office is 26 Hill Crescent, Burley-in Wharfedale, Ilkey LS29 7QG. Telephone/Fax 01943 863610. Mobile 07742915611. Company Registration Number 5052776 VAT Number 829886853
The headings in these terms are for convenience only and do not affect their interpretation.
Use of this website
The content of this website is owned by or licensed to Strulch Limited. You may not copy, reproduce, modify, distribute, republish, re-sell, display, post or transmit any part of this website without the permission of Strulch Ltd. You may view or print individual pages only for your own personal use.
Limitation of liability
This website should only be used for information purposes.
Strulch Limited shall not be liable for any damage or loss that may occur in the use of any of the information contained or advice given in this site except as stated in these terms and conditions or contract of sale (where applicable) and to the extent that such liability cannot be excluded by law.
Strulch Limited is not liable for any damages or losses resulting from your use of or inability to use this website. Strulch Limited does not guarantee that this website will operate free of error or that it is free from computer viruses or any other contaminating computer program.
Strulch Limited will not be liable to you or in breach of the contract for delay or failure to perform due to any causes beyond the reasonable control of Strulch Limited or its suppliers or agents, including, but not limited to, acts of god, civil commotion, industrial dispute, riots, flood, and legislation.
Nothing in these terms and conditions excludes or limits the liability of Strulch Limited for fraudulent misrepresentation or death or personal injury caused by the negligence of Strulch or its employees or agents.
Data protection and privacy
In some cases the product may vary from the image displayed on the website where we have updated the packaging or improved the look of the product. Also note that colours can vary due to conditions at the time photography, possible natural variations in colour and also the setup and model of your computer monitor.
Pricing & Payment
The amount payable by you shall be the total price of the product ordered as detailed on the order form which is clearly shown before you submit your order. The Order will also be confirmed either by email or by hard copy sent when the product is dispatched.
All prices quoted are in British pounds (£) and include Value Added Tax (VAT) pursuant to UK customs and revenue law. If the price goes up or down in between you placing and receiving your order, we will honour the original price.
Payment can be made by debit or credit card or cheque at our discretion. We do not accept American Express. Payment will be taken on the date your order is placed. Ownership of the product does not pass to you until we have received cleared payment funds.
In the unlikely event the product you order is not available or only available in part (subject to volume) we reserve the right to refund your payment in full or in part in accordance with the payment method used.
Unless otherwise stated the order price is inclusive of delivery charges. Some postcodes incur additional charges and these costs will be highlighted when the order is placed. We reserve the right to increase the prices of our product and/or delivery services from time to time. However where the change is applied the amount you will pay will be the amount as stated on your original order form.
Ordering and Stock Availability
Browse the website and chose the number of bags of the product you wish to purchase. Our website has been designed to help you decide how many bags of the product for the size of the garden you wish to treat, however if you need any further assistance then please do not hesitate to contact us. If you make an error while placing an electronic order you can leave the ordering process and refresh the page and place the correct order again.
After you have confirmed your order by pressing the ‘submit icon’, you will receive an email from us confirming the details of your order with 72 hours. If you do not receive an email from us confirming your order then please telephone us in the office to enquire whether your order has been received before re-submitting your order on the website to avoid duplicate orders. Until you receive confirmation of your order by email no contract prevails between us.
Where an order is placed of 25 or more 150 litre packs of the product we may also contact you by telephone to confirm your order. If you do not provide a telephone number with orders the product will not be despatched.
We will keep a copy of your order for a period of 6/12 months after which time it will be destroyed. We will assure that all personal details you provide on your order are maintained in accordance with the Data Protection Act 1997. You can use the ‘print’ facility in your own computer browser to print a copy of your order.
We make no representation or give any warranties as to the product, its’ description whether sold from the website or by telephone, or the services we provide referred to herein as being available or suitable for use unless specifically stated on the website.
E-mails to you will be sent to the address you specify to us. You must only provide us with a valid e-mail address and it is your responsibility to inform us of any changes to that address.
Delivery & Damages
If the product you order is in stock it will be despatched by a courier chosen by us to the address as detailed on the order form. We will not be held responsible if the delivery address provided by you on the order form is incorrect. Our chosen couriers will aim to deliver your product within 7 working days of the order being submitted. We offer next day and timed deliveries for an additional charge. A signature is not required to confirm receipt, however, goods left when you are out are your responsibility and you should contact Strulch if you wish a specific delivery date. If an order of 25 or more 150 litre packs of the product is placed, the product will be delivered on wooden pallets. We will need your confirmation that our couriers will be able to deliver the product without causing any obstruction under the Road Traffic Act 1988 or cause a nuisance to the general public.
It is vital that all orders are checked on delivery and we are notified of any damages or shortages within 48 hours. In the case of damage please take and provide a photograph image of the damage. In these cases it is best to call us to let us know, but if you do email then ensure that we have acknowledged the email before the time elapses as we cannot take responsibility for non delivery of an email. Unfortunately once the 48 hours have elapsed the courier’s insurance lapses and claims cannot be made. This is why it is safer to always check items on the day of delivery even if the outer packaging appears to be intact.
Upon delivery where the product been removed from a pallet to an extent were the pallet cannot be repacked safely for transportation, we will not be able to refund any sums paid by you in respect of your order.
It is rare for items to get damaged in transit but accidents can happen and occasionally there may be a packing error resulting in a shortage.
If the Goods have not been delivered to you 3 days after the latest date for delivery to your address as given on the order form, you should contact us by telephone or by using the details available at www.strulch.co.uk.
If for any reason (other than exercising your rights set out in these terms and conditions) you will not accept delivery of the product you ordered we may store the product for a reasonable period of time which will be limited to 21 days until an alternative delivery date can be arranged whereupon you will be liable for all related costs and expenses.
Orders can be cancelled by emailing us using the details available at http www.strulch.co.uk stating the order reference. A full refund will be given where the goods have not been dispatched. If the goods have been dispatched a partial refund will be given to cover the cost of transportation .
Goods must be returned complete, in an unused and undamaged condition. If an order has been dispatched and the cancellation is due to the item no longer being required then it will be your responsibility to return the item or to cover the cost of the courier returning the item to us.
In the instance of a faulty product we will arrange to exchange the item for a replacement of the same type. We may however need to determine the cause of the fault and the exchange would depend on the nature of the fault. To speed up the process we may on occasion ask for images of the fault, if it is a visible problem. Your rights under this clause do not arise where packaging has been damaged in transit but the product itself is undamaged for example a small tear in the bag where the product would be opened in any event.
Please note that if three/four/five bags of the product are returned for a refund and the remaining items on the order would have incurred a delivery charge then this charge will need to be deducted from the refund value.
Please note that if less than the full order is returned for a refund and the remaining items on the order would have incurred a delivery charge then this charge will need to be deducted from the refund value.
Credit / Debit cards will be refunded within 30 days of receiving your notice of cancellation provided you have complied with the all the relevant terms and conditions of cancellation.
If you are not satisfied with any product you purchase from Strulch Limited, you may return any products back to us providing that the product is in a resalable condition, this means that the product is not damaged, has not been used in any way and that the product is complete with the original pristine condition packing. These Terms and Conditions do not affect your statutory rights as a customer.
Please note that when making a refund, the company will deduct the cost of the initial delivery charge and the cost of collecting the goods where this has been arranged by the company.
With regards to faulty products we will adhere to the warranty provided above and work within our process to fix or exchange the products under their warranty terms and conditions. The total liability of the sale of contract is limited to the monies paid by the buyer and we cannot be held liable for indirect, consequential or special loss.
This guarantee excludes damage resulting from accident, alteration, misuse, abuse or normal weathering.
We aim to deliver goods of the highest quality. Where the Goods are products we warrant that they will meet their specification.
Changes to the terms
We reserve the right to remove, modify or change, without notice, any information on this website from time to time by posting notice of the changes on the website . If you use the website after we have posted the changes you will be bound by the new terms. You should therefore ensure that you read the terms each time you use the website .
To the extent that any provision of these terms is found by any court or authority to be invalid, unlawful or unenforceable, that provision will be deemed not to be a part of these terms and will not affect the enforceability of the remainder of these terms, nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
Failure or delay by us in enforcing or partially enforcing any clause or provision stated under any clause of these terms and conditions will not be construed as a waiver of any of its rights under them.
Any waiver by us of, or any default under, any clause or provision of these terms and 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 the agreement and/or contract.
Any notice required to be given to us shall be in writing and sent by post or by e-mail to the contact details available www.strulch.co.uk unless otherwise notified. Any notice required to be given to you by us shall be in writing and sent by post or email to the addresses that you provided when ordering the product, unless otherwise notified
You agree with us that any agreement made pursuant to these terms and conditions is between you and us only and it is not intended to be enforceable by any other person who is not a party to it.
Any order combined with these terms and conditions constitute the entire agreement and understanding between you and us, and supersede any previous agreement. These terms supersede any representation made by us or any of our employees or agents. Nothing in this clause shall, however, operate to limit or exclude any liability for fraudulent misrepresentation.
The consumer’s contract with Strulch Limited does not affect the consumer’s statutory rights. In circumstances where the product are intended or have been used for purposes related to your trade, business or profession, and you are not acting as a consumer and protection consumer rights does not apply.
Governing law and jurisdiction
These terms and your use of this website are governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the Courts of England and Wales.