Terms and Conditions

Terms of Use:-

(Terms of sale follow on below)

(1)    Introduction

 

These terms of use govern your use of our website; by using our website, you accept these terms of use in full.   If you disagree with these terms of use or any part of these terms of use, you must not use our website.

If you register with our website we will ask you to expressly agree to these terms of use.

You must be at least 18 years of age to use our website.  By using our website and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.

Our website uses cookies.  By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy / cookies policy.

 

(2)    Licence to use website

 

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.  

You must not:

(a)    republish material from this website (including republication on another website)

(b)    sell, rent or sub-license material from the website;

(c)    show any material from the website in public;

(d)    reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e)    edit or otherwise modify any material on the website; or

(f)    redistribute material from this website, except for content specifically and expressly made available for redistribution (such as our blog or How-To videos).

 

(3)    Acceptable use

 

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

 

(4)    Products

 

The advertising of products on our website constitutes an “invitation to treat” - not a contractual offer.

Prices stated on our website may be stated incorrectly.

The purchase of products via our website will be subject to our terms of sale.  

We will ask you to agree to our terms of sale each time you purchase a product or products via our website.

 

(5)    Limited warranties

 

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

 

(6)    Limitations and exclusions of liability

 

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.  If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these terms of use.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

(7)    Indemnity

 

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

 

(8)    Breaches of these terms of use

 

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to the website;

(c)    permanently prohibit you from accessing the website;

(d)    block computers using your IP address from accessing the website;

(e)    contact your internet services provider and request that they block your access to the website;

(f)    bring court proceedings against you for breach of contract or otherwise; and/or

(g)    suspend and/or delete your account with the website.

 

(9)    Variation

 

We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.

 

(10)    Assignment

 

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.  

 

(11)    Severability

 

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

(12)    Exclusion of third party rights

 

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

 

(13)    Entire agreement

 

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

 

(14)    Law and jurisdiction

 

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 

(15)    Registrations and authorisations

 

Our VAT number is GB974175294

 

(16)     Our details

 

The full name of our company is Back to Earth (SW) Ltd. Our trading address is Jubilee House, 7 Tuns Lane, Silverton, Exeter, Devon. EX5 4HY. Our phone number is 01392 861763.

We are registered in England & Wales under registration number 06916254 .  

Our registered address is 2 Barnfield Crescent, Exeter EX1 1QT.  

You can contact us by email to chris@backtoearth.co.uk.

 

Terms of Sale (businesses and consumers)

 Please read these terms of sale carefully.  

You will be asked to expressly agree to these terms of sale before you place an order for products from our website.  

  1.  Introduction

1.1    These terms and conditions shall govern the sale and purchase of products through our website.

1.2    You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3    This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

  1. Interpretation

2.1    In these terms and conditions:

(a)    "we" means Back to Earth (SW) Ltd; and

(b)    "you" means our customer or prospective customer,

        and "us", "our" and "your" should be construed accordingly.

  1. Order process

3.1    The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

3.2    No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

3.3    To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

3.4    You will have the opportunity to identify and correct input errors prior to making your order by telephoning or emailing us to inform us of the error.

  1. Products

4.1    The following types of products are or may be available on our website from time to time: internal and external wood fibre insulation boards and their associated components, wood fibre insulation batts, internal plasters and associated components, external renders and associated components, airtightness products, underfloor heating systems, clay boards and decorative materials.

4.2    We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

  1. Prices

5.1    Our prices are quoted on our website.

5.2    We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.3    All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.

5.4    It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

5.5    In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

  1. Payments

6.1    You must, during the checkout process, pay the prices of the products you order.

6.2    Payments may be made by any of the permitted methods specified on our website from time to time.

6.3    If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.4    If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)    an amount equal to the amount of the charge-back;

(b)    all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)    an administration fee of GBP 25.00 including VAT; and

(d)    all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),

        and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

  1. Credit accounts

7.1    If we agree to open a business account for you, you will be able to pay in arrears, in accordance with the provisions of this Section 7.

7.2    If you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 30 days following the date of our invoice.

7.3    Business accounts will be subject to such credit limits as we may notify to you from time to time.

7.4    If you do not pay to us any amount properly due under or in connection with these terms and conditions in full and on time, we may:

(a)    charge you interest on the overdue amount at the rate of 8% per year above the Bank of England base rate (which interest will accrue daily until the date of payment and be compounded at the end of each calendar month); or

(b)    claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998,

        without prejudice to our other legal rights or rights under these terms and conditions.

  1. Deliveries

8.1     Our policies and procedures relating to the delivery of products are set out in our delivery policy document at https://www.backtoearth.co.uk/pages/delivery-information

 

8.2    We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

8.3    We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 5 days following the date of the order confirmation; however, we do not guarantee delivery by this date.

8.4    We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 14 days following the later of receipt of payment and the date of the order confirmation.

  1. Distance contracts: cancellation right

9.1    This Section 9 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

9.2    You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a)    beginning upon the submission of your offer; and

(b)    ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).

9.3    In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

9.4    If you cancel a contract on the basis described in this Section 9, you must send the products back to us (to Units 1&2, Dunsmore Farm, Silverton, Devon EX5 4DU) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

9.5    If you cancel an order in accordance with this Section 9, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:

(a)    if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and

(b)    as otherwise provided in this Section 9.

9.6    If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

9.7    We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

9.8    Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 9 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

9.9    You will not have any right to cancel a contract as described in this Section 9 insofar as the contract relates to:

(a)    the supply of any non-stock goods ordered by you. This may include tinted paints and renders, non-stock thicknesses of insulation products or other specially ordered items.

(b)    the supply of goods which are liable to deteriorate or expire rapidly such as bagged plasters/renders;

(c)    the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;       

(d)    the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.

  1. Risk and ownership

10.1  The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.

10.2  Ownership of a product that you purchase from us will pass to you upon the later of:

(a)    delivery of the product; and

(b)    receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).

10.3  Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.

10.4  If you are business customer, then until ownership of a product has passed to you:

(a)    you must store the product separately from other goods; and

(b)    you must ensure that the product is clearly identifiable as belonging to us.

  1. Warranties and representations

11.1  You warrant and represent to us that:

(a)    you are legally capable of entering into binding contracts;

(b)    you have full authority, power and capacity to agree to these terms and conditions;

(c)    all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d)    you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

11.2  We warrant to you that:

(a)    we have the right to sell the products that you buy;

(b)    the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c)    you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d)    the products you buy will correspond to any description published on our website; and

(e)    the products you buy will be of satisfactory quality.

11.3  All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.

  1. Limitations and exclusions of liability

12.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

        and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

12.2  The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)    are subject to Section 12.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.4  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.5  We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.6  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.7  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  1. Order cancellation

13.1  We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a)    you fail to pay, on time and in full, any amount due to us under that contract; or

(b)    you commit any breach of that contract.

13.2  You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any breach of that contract.

13.3  If you are a business customer, we may cancel a contract under these terms and conditions by written notice to you if:

(a)    you cease to trade;

(b)    you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;

(c)    a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;

(d)    the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or

(e)    any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.

13.4  We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

  1. Consequences of order cancellation

14.1  If a contract under these terms and conditions is cancelled in accordance with Section 13:

(a)    we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b)    you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c)    all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 7.2, 7.4, 10, 12, 17, 18, 19, 20, 21 and 22 will survive termination and continue in effect indefinitely.

  1. Scope

15.1  These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

15.2  These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

15.3  These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

  1. Variation

16.1  We may revise these terms and conditions from time to time by publishing a new version on our website.

16.2  A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

  1. Assignment

17.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

17.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. No waivers

18.1  No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

18.2  No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

  1. Severability

19.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

19.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

20.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

20.2  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

21.1  Subject to Section 12.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

  1. Law and jurisdiction

22.1  These terms and conditions shall be governed by and construed in accordance with English law.

22.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

  1. Statutory and regulatory disclosures

23.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

23.2  These terms and conditions are available in the English language only.

23.3  Our VAT number is GB 974 1752 94.

23.4  The website of the European Union's online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.

  1. Our details

24.1  This website is owned and operated by Back to Earth (SW) Ltd.

24.2  We are registered in England and Wales under registration number 06916254, and our registered office is at 2 Barnfield Crescent, Exeter, EX1 1QT.

24.3  Our principal place of business is at 7 Tuns Lane, Silverton, Exeter, EX5 4HY.

24.4  You can contact us:

(a)    by post, using the postal address given above;

(b)    using our website contact form;

(c)    by telephone, on the contact number published on our website from time to time; or

(d)    by email, using the email address published on our website from time to time.