Terms and Conditions
1. Use of simplypaving.com
The simplypaving.com site ("Site") is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Site you agree to be bound by these Terms and Conditions.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
We may update these Terms and Conditions from time to time. Please check them when you revisit the site for the current version. If you do not wish to accept the new Terms and Conditions you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms and Conditions.
3. Account Registration
3.1 To register with simplypaving.com you must be over eighteen years of age.
3.2 You must ensure that the details provided by you on registration or at any time are correct and complete.
3.3 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
4. Password and security
4.1 When you register to use the Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us immediately.
4.2 If simplypaving.com has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account in accordance with paragraph 17 below. Please ensure that your account registration details are correctly provided and complete. Inform us immediately of any changes required to the registered information by accessing your account to update the information you provided us. simplypaving.com reserves the right to refuse access to the Site, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Please review our Data Protection Notice. You acknowledge and agree to be bound by the terms of our Data Protection Notice.
6. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be processed. Once payment has been received by us we will confirm such payment in writing to the email address provided. . We will then despatch the goods to the address provided on the order and contact you to arrange delivery. In the unlikely event that the goods ordered are not available, we shall contact you as soon as we are aware and arrange for your payment to be re-credited to your account within 7 days.
7.1 The price payable for goods that you order are as set out on our Site.
7.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges and restricted delivery areas are fully detailed in our delivery policy.
7.3 If discount codes are available, they cannot be used in conjunction with any other discount available on the Simply Paving website.
8. Right for you to cancel your contract
8.1 You may cancel your contract with us for the goods you order in accordance with our returns policy.
8.2 If you have received the goods before you cancel your contract then you must arrange for our collection.
8.3 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are collected by us in the condition they were in when delivered to you. We shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
9. Cancellation by us
9.1 We reserve the right to cancel the contract between us if:
9.1.1 we have insufficient stock to deliver the goods you have ordered;
9.1.2 we do not deliver to your area; and/or
9.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
9.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
10. Delivery of goods to you
Please read our delivery policy.
11.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem in writing within 10 working days of the delivery of the goods in question.
11.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at [email protected] of the problem within 40 days of the date on which you ordered the goods.
11.3 If you notify a problem to us under either condition 11.1 or condition 11.2, our only obligation will be, at our option:
11.3.1 to make good any shortage or non-delivery;
11.3.2 to replace or repair any goods that are damaged or defective; or
11.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
11.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition 11 and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 11.3.3 above.
11.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable UK law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
12. Area Calculation
We cannot be held responsible for under or over ordering. The areas of our full packs have been rounded up and product dimensions shown on this website allow for jointing. Whilst every attempt has been made to provide you with the ability to accurately calculate your product requirements, we recommend you check all area calculations prior to confirming your order.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Simply Paving, 5th Floor, Elsie Whiteley Innovation Centre, Hopwood Lane, Halifax, West Yorkshire, HX1 5ER and all notices from us to you will be displayed on our Site from time to time.
14. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes; lock-outs and other industrial disputes; breakdown of systems or network access; non-performance by suppliers or subcontractors; any law, order, direction, or action taken by a national government, regulatory body, or agency, including without limitation: imposing an export or import restriction, quota or prohibition, failing to grant a necessary licence or consent, or restricting or disconnecting access to utility services such as electricity, water and gas; restriction, disconnection, shortage, or reduction in the supply of power and/or any utility services; flood; fire; explosion; or accident. simplypaving.com shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
15.1 You may not use the Site for any of the following purposes:
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
- gaining unauthorised access to other computer systems
- interfering with any other person's use or enjoyment of the Site
- breaching any laws concerning the use of public telecommunications networks
- interfering or disrupting networks or web sites connected to the Site; or
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
simplypaving.com reserves the right to refuse to post material on the Site or to remove material already posted on the Site.
15.2 You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
- any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you.
16. Availability of the Site
16.1 Although simplypaving.com aims to offer you the best service possible, simplypaving.com makes no promise that the services at the Site will meet your requirements. simplypaving.com cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to email at [email protected] and we will attempt to correct the fault as soon as we reasonably can.
16.2 Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. simplypaving.com will attempt to restore the service as soon as it reasonably can.
17. simplypaving.com's right to suspend or cancel your registration
17.1 simplypaving.com may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
17.2 You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Site.
17.3 The suspension or cancellation of your registration and your right to use the Site shall not affect either party's rights or liabilities.
17.4 Paragraphs 13 and 17 of these Terms and Conditions shall survive cancellation.
18. simplypaving.com's liability
18.1 The Site is provided by simplypaving.com without any warranties or guarantees. You must bear the risks associated with the use of the internet.
18.2 The Site provides content from other internet sites or resources and while simplypaving.com tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. simplypaving.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. If simplypaving.com is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
18.3 In particular, we disclaim all liabilities in connection with the following:
- incompatibility of the Site with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the Site;
- unsuitability, unreliability or inaccuracy of the Site; or
- inadequacy of the Site to meet your requirements
18.4 To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site.
18.5 Nothing in these Terms and Conditions shall exclude simplypaving.com's liability for personal injury or death caused by its negligence.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
20. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
21. Intellectual Property
21.1 The content of the Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from simplypaving.com.
21.2 No licence is granted to you in these Terms and Conditions to use any trade mark of simplypaving.com or its affiliated companies including, without limitation, the trade marks SIMPLY PAVING and SIMPLYPAVING.COM.
22. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
23. Entire agreement
23.2 Nothing said by any sales person on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any goods offered for sale by us.
23.3 Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
24.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
24.2 If you breach these Terms and Conditions and simplypaving.com ignores this, simplypaving.com will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
24.3 The Site is owned and operated by Simply Paving who can be contacted at 5th Floor, Elsie Whiteley Innovation Centre, Hopwood Lane, Halifax, West Yorkshire, HX1 5ER. Simply Paving is a trading division of Aggregate Industries UK Limited, who is registered in England and Wales under company number 00245717 and has its registered office at Bardon Hall, Copt Oak Road, Markfield, Leicestershire, LE67 9PJ. Our VAT number is 533260571
24.4 If you have any queries please contact [email protected]
As part of the free of charge sample service that we offer, we may look to follow-up by telephone or email to ensure that you are happy with the samples and the service provided. This is a service contact and not marketing. If you wish to not be contacted after making use of our sample service, please contact [email protected] with details of your order.