This site is owned by Small Loads Ltd and registered in England, Registration No. 4336913, with registered address at Forstal House, Maidstone Road, Paddock Wood, Kent. TN12 6PY England, and email address at Sales@SmallLoads.co.uk.
Any purchase of goods from the site http://GabionLandscapes.co.uk/ requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".
These Terms & Conditions shall apply to the purchase of the goods
detailed overleaf ("Goods”) by you ("Buyer”) from Small
Loads Ltd of Forstal House Maidstone Road, Paddock Wood, Kent. TN12
6PY ("Seller”). No other terms and conditions shall apply to the
sale of the Goods unless agreed upon in writing between the Buyer and
2.1 A "business day” means any day other than a Saturday, Sunday
or bank holiday
2.2 The headings in these Terms & Conditions are for convenience
only and shall not affect their interpretation.
2.3 Words imparting the singular number shall include the plural and
3 . Goods
3.1 The description of the Goods is as set out in the
Seller’s brochure and confirmed in a quotation. In accepting the
quotation the Buyer acknowledges that it does not rely on any other
representations regarding the Goods save for those made in writing by
the Seller. No descriptions of the Goods set out in the Seller’s
brochure shall be binding on the Seller and are intended as a guide
3.2 The Seller reserves the right to make any changes in the
specification of the Goods which are required to conform to any
applicable safety or other statutory or regulatory requirements.
4.1 The price ("Price”) of the Goods shall be that set
out in the Seller’s price list current at the date of the Buyers’
order or such other price as may be agreed in writing by the Seller &
the Buyer. The price shall be confirmed in a quotation.
4.2 If the cost of the Goods to the Seller increases due to
any factor beyond the Seller’s control including, but not limited
to, material costs, labour costs, alteration of exchange rates or
duties, or changes to delivery rates, the Seller reserves the right
to increase the price prior to delivery.
4.3 Any increase in the in the Price under sub-clause 4.2
shall only take place upon the Seller informing the Buyer of the
increase in writing.
4.4 The price is exclusive of fees for packaging and
4.5 The Price is exclusive of any applicable VAT and other
taxes or levies which are imposed or charged by any competent
5. Basis of Sale
5.1 The Seller’s employees or agents are not authorised to
make any representations concerning the Goods unless confirmed by the
Seller in writing. In entering into the Contract the Buyer
acknowledges that it does not rely on, and waives any claim for
breach of, any such representations which are not so confirmed.
5.2 No variation to these Terms & Conditions, or to the
Contract, shall be binding unless agreed in writing between the
authorised representatives of the Buyer and the Seller.
5.3 Sales literature, price lists and other documents issued
by the Seller in relation to the Goods are subject to alteration
without notice and do not constitute offers to sell the Goods which
are capable of acceptance.
5.4 Any typographical, clerical or other accidental errors or
omissions in any sales literature, quotation, price list, acceptance
of offer, invoice or any other document or information issued by the
seller shall be subject to correction without any liability on the
part of the seller.
5.5 Any quotation is valid for a period of 30 days only from
the date shown unless expressly withdrawn by the Seller at an earlier
5.6 The Buyer’s order is not confirmed and delivery cannot
be arranged until full payment is received by the Seller.
6.1 Following the Buyer’s acceptance of the quotation, the
Buyer shall make payment to the Seller prior to delivery of goods.
6.2 Payment must be made by the Buyer notwithstanding that
delivery may not have taken place and/or that the property in the
Goods has not passed to the Buyer.
6.3 We accept payment by bank transfer, debit or credit card
or cheque (cheque payment takes a little longer to process).
6.4 Receipts for payment will be issued by the Seller only at
the Buyer’s request
6.5 All payments must be made in Pounds Sterling unless
otherwise agreed in writing between the Seller & the Buyer.
7.1 Delivery of the Goods shall be made by the Seller
delivering the Goods to the place in the United Kingdom specified in
the Buyer’s order and/or the Seller’s acceptance and/or the
Contract as the location to which the Goods are to be delivered by
the Seller or, if no place of delivery is so specified, by the Buyer
collecting the Goods at the Seller’s premises at any time after the
Seller has notified the Buyer that the Goods are ready for
7.2 Any time stated in the respect of delivery is given in good faith
but is by way of estimation only and is not binding on the Seller.
The Seller shall be under no liability for any delay or failure to
deliver the products within estimated timescales.
7.3 The Seller will deliver the Goods to kerbside or as close to the
property as access will allow. It is the Buyer’s responsibility to
ensure that materials are moved from kerbside.
7.4 Subject to the specific terms of any special delivery service,
delivery may take place, and must be accepted at, any time of the
7.5 If the Buyer fails to take delivery of the Goods the Seller may,
at its discretion and without prejudice to any other rights:
(a) store or arrange for the storage of the Goods and shall charge
the Buyer for all associated cost & expenses including, but not
limited to, transportation, storage & insurance: and/or
(b) make arrangements for the redelivery of the Goods and shall
charge the Buyer for the costs of such redelivery.
7.6 If redelivery is not possible under Sub-Clause 7.5(b), the Buyer
shall be required to collect the Goods from the Seller’s premises
and shall be notified of the same. The Seller reserves the right to
charge the Buyer for all associated costs including, but not limited
to, storage & insurance.
8. Acceptance of Goods
8.1 The Buyer will be deemed to have accepted the goods on receipt of
delivery by the carrier to you delivery address. After acceptance the
Buyer shall not be entitled to reject goods which are not in
accordance with the contract.
8.2 The Seller shall have no liability for goods delivered in a
damaged condition or lost in transit or for shortages in delivery
(i) In the case of damage or shortage of delivery, details are
endorsed on the carrier’s delivery note or receipt and notice in
writing giving full particulars of the damage or shortage is received
by the Seller and the carrier within 24 hours after receipt of the
goods at the delivery address; and
(ii) In the case of goods lost in transit, notice in writing of the
non-delivery is received by the seller and by the carrier within 3
days after the date of the advice note or invoice (as the case maybe)
issued by the Seller.
8.3 Subject to the Buyer’s compliance with this Clause 8 and the
Seller’s agreement with any alleged damage or shortages, the Seller
shall make good any and all damage and shortages within a reasonable
8.4 The Seller shall be under no liability for and shall not
indemnify the Buyer against any matters arising from damage or
9. Risk & Title
9.1 Risk of damage to or loss of the Goods shall pass to the Buyer
either when the Goods are delivered to the Buyer or when the Seller
notifies the Buyer that the Goods are ready for collection.
9.2 If the Buyer wrongfully fails to take delivery of the goods, risk
shall pass to the Buyer at the time when the Seller has tendered
delivery of the Goods.
9.3 Legal and beneficial title in the Goods shall not pass to the
Buyer until the Seller has received, in cash or cleared funds,
payment in full of the Price.
9.4 The Seller reserves the right to repossess any Goods in which the
Seller retains legal and beneficial title if full payment is not
received in accordance with Clause 6. In the event of such
repossession the Buyer shall deliver the Goods in which legal and
beneficial title has not passed to the Seller at its own cost.
10. Returns & Refunds
10.1 If the Buyer is not satisfied with the Goods and wishes to
return them it may do so provided:
a) the Buyer informs the Seller that it wishes to return the Goods
within seven days of delivery
b) the Goods remain in their original condition (as delivered)
c) the Buyer agrees to bear the cost of delivery to the Seller and
take reasonable care to ensure that the Goods are received by the
Seller and not damaged in transit: and
d) the Buyer will be liable to pay a handling charge of 25% of the
10.2 Goods which have been custom made/cut for the Buyer may only be
returned if they are defective. The Buyer’s statutory rights are
10.3 A refund shall be issued to the Buyer only upon receipt of the
Goods in accordance with this Clause 10.
The Seller provides no additional guarantees beyond those already
supplied with the Goods (where relevant)
12.1 All notices under these Terms & Conditions shall be in
writing and signed by, or on behalf of, the party giving notice (or a
duly authorised officer of that party)
12.2 Notices shall be deemed to have been duly given:
(a) when delivered, if delivered by courier or other
messenger(including registered mail) during the normal business hours
of the recipient:
(b) when sent, if transmitted by fax or email and a successful
transmission report or return receipt is generated
(c) on the fifth business day following mailing, if mailed by
national ordinary mail: or
(d) on the tenth business day following mailing, if mailed by airmail
12.3 All notices under these Terms & Conditions shall be
addressed to the most recent address, email address or fax number
notified to the other party.
13. Force Majeure
Neither party shall be liable for any failure or delay in performing
their obligations where such failure or delay results from any cause
that is beyond the reasonable control of that party. Such causes
include, but are not limited to: power failure, Internet Service
Provider failure, industrial action, civil unrest, fire, flood,
storms, earthquakes, acts of terrorism, acts of war, governmental
action or any other event that is beyond the control of the party in
No waiver by the Seller of any breach of these Terms & Conditions
by the Buyer shall be considered as a waiver of any subsequent breach
of the same or any other provision.
In the event that one or more of these Terms & Conditions is
found to be unlawful, invalid or otherwise unenforceable, that/those
provisions shall be deemed severed from the remainder of the Terms &
Conditions (which shall remain valid and enforceable)
16. Consumer Rights
Nothing in these Terms and Conditions shall affect the Buyer’s
statutory rights as a consumer
17. Law & Jurisdiction
17.1 These Terms & Conditions (including any non-contractual
matters and obligations arising therefrom or associated herewith)
shall be governed by, and construed in accordance with, the laws of
England & Wales.
17.2 Any dispute, controversy, proceedings or claim between the
Seller and the Buyer relating to these Terms & Conditions
(including any non-contractual matters and obligations arising
therefrom or associated therewith) shall fall within the jurisdiction
of the courts of England & Wales