Terms & Conditions

Our Customer Terms & Conditions -YS

1. These terms

1.1. What these terms cover. These are the terms and conditions on which we supply products to you.

1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1.  Who we are. We are Yorkstone Supplies Ltd a company registered in England and Wales. Our company registration number is 09161800 and our registered office is at Upero, Unit 14, Phoenix House, Littlemeads Industrial Estate, Alfold Road, Cranleigh GU6 8ND. Our registered VAT number is 163491208.

2.2. How to contact us. You can contact us by telephoning our customer service team at 0800 170 1799, by emailing us at sales@yorkstonesupplies.co.uk or by writing to us at Yorkstone Supplies, Unit 14, Phoenix House, Littlemeads Industrial Estate, Alfold Road, Cranleigh GU6 8ND.

2.3. How we may contact you. If we have to contact you we will do so by telephone, by writing to you at the email address or postal address you provided to us in your order or through your customer account (see 2.4 below).

2.4. Creating your account. Prior to placing your order, we may require you to create an account with us (your Account) in accordance with our . This is to allow us to communicate easily with you about your order, and keep you updated on its progress. Whenever we communicate with you via your Account, we will also send you an email to notify you of the new communication.

2.5. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails and notifications by writing in your Account.

3. Our contract with you

3.1. How we will accept your order. Our acceptance of your order will take place when we notify you that your order status is “awaiting production”. We will notify you of this in your Account and by email, at which point a contract will come into existence between you and us.

3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we cannot create your bespoke order, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3. Customs Information. When ordering products for delivery outside of mainland UK you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Please note that cross-border deliveries are subject to opening and inspection by customs authorities.

4. Our products

4.1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are natural and handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 10% tolerance.

4.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.3. Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.

4.4. Bespoke products. Some of our products are bespoke and are made uniquely to suit your order, needs and specifications. Any product which is bespoke, has been customised, made to order, is unique to your order or specifications, or does not form part of our standard range of products shall be deemed to be a “Bespoke Product”. Your rights in respect of Bespoke Products and our standard range of products may differ.

5. Your rights to make changes

5.1.  When changes can be made. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

5.2.  When changes cannot be made. Please note, once a product’s status has been marked as “In Production”, we will not be able to make any changes to the product. We will notify you of this change in status in your Account and by email.

6. Our rights to make changes

6.1. Minor changes to the products. We may change the product:

(a)  to reflect changes in relevant laws and regulatory requirements; and

(b)  to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

7. Providing the products

7.1.  Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2.  When we will provide the products. During the order process we will let you know when we will provide the products to you by providing you an estimated lead time.

7.3. We may need to change our estimated lead time. If we need to change the estimated lead time, we will notify you in your Account and by email. If we notify you of a change of estimated lead time:

(a)  You may accept our new lead time in which case we will update your order status and the new lead time shall be the lead time for the purposes of this agreement; or

(b)  You may reject our new lead time in which case we will attempt to resolve this by trying to agree a date with you. If we are unable to do so, you may cancel your order in accordance with clause 8.2.

7.4. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. We are not responsible for any delay caused or resulting from your failure to make payment at the required time in accordance with clause 14.4.

7.5. If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will contact you (on the date of delivery or where you notify us of such absence prior to the date of delivery) to:

(a)  agree a location at which you confirm we may leave the products in your absence and delivery of the goods to such location shall constitute delivery; or

(b)  inform you of how to re-arrange delivery in such case we may charge you for storage costs and any further delivery costs.

7.6. If you do not re-arrange delivery. If after a failed delivery to you, you do not re- arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.7. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or the location agreed with us in accordance with clause 7.5(a).

7.8. When you own goods. You own a product which is goods once we have received payment in full.

7.9. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website or in the order process. We will ask for this during the order process or contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.10. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a)  deal with technical problems or make minor technical changes;

(b)  update the product to reflect changes in relevant laws and regulatory requirements;

(c)  make changes to the product as requested by you or notified by us to you (see clause 6).

8. Your rights to end the contract

8.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

(a)  If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;

(b)  If you want to end the contract because of something we have done or have told you we are going to do, clause 8.2;

(c) If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and limitations, and you will have to pay the costs of return of any goods;

(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.

8.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a)  we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);

(b)  we are unable to supply the product you ordered, and you rejected our offer of an alternative product;

(c)  we have made a change the lead time, and you do not want to accept our new proposed lead time;

(d)  we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(e)  there is a risk that supply of the products may be significantly delayed because of events outside our control;

(f)  we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months; or

(g) you have a legal right to end the contract because of something we have done wrong.

8.3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.

8.4. When consumers do not have a right to change their minds. Your right as a consumer to change your mind (see clause 8.3) does not apply in respect of:

(a)  Bespoke Products; and

(b)  any products which become mixed inseparably with other items after their delivery.

8.5. How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on how it is delivered. For goods you have 14 days after the day you (or someone you nominate) receives the goods, unless:

(a)  Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.

(b)  Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

8.6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may make deductions from that refund (or, if you have not made an advance payment, charge you) for any Bespoke Products.

9. How to end the contract with us (including if you are a consumer who has changed their mind)

9.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Phone or email. Call customer services on 0800 170 1799 or email us at sales@yorkstonesupplies.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) Online. Complete the form https://ysdev.co.uk/contact-us on our website.

(c) By post. Simply write to us at Yorkstone Supplies, Unit 14, Phoenix House, Littlemeads Industrial Estate, Alfold Road, Cranleigh GU6 8ND, including details of what you bought, when you ordered or received it and your name and address.

Please also provide images of the products as delivered to us at sales@yorkstonesupplies.co.uk at your earliest opportunity.

9.2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us in the same condition as the products were as at delivery (including all packing, pallets and other materials attached to, ancillary to or delivered with the products). You must either return the goods in person to where you bought them, arrange for them to be returned back to us at Yorkstone Supplies, Unit 14, Phoenix House, Littlemeads Industrial Estate, Alfold Road, Cranleigh GU6 8ND or allow us to collect them from you. Please call customer services on 0800 170 1799 or email us at sales@yorkstonesupplies.co.uk to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3. When we will pay the costs of return. We will pay the costs of return:

(a)  if the products are faulty or misdescribed; or

(b)  if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

9.4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

9.5. How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

9.7. When we will not refund you. We are unable to refund you in respect of any Bespoke Products after the product’s status has been marked as “in production” (see clause 5.2).

9.8. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then if and we have not agreed to collect the products from you, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. If we have agreed to collect the products from you, your refund will be made within 14 days from the day on which we collect the products from you. For information about how to return a product to us, see clause 9.2.

10. Our rights to end the contract

10.1. We may end the contract if you break it. We may end the contract for a product at

any time by writing to you if:

(a)  you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b)  you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

(c)  you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

10.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you for any Bespoke Products.

11. If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0800 170 1799, email us at sales@yorkstonesupplies.co.uk or write to us at Yorkstone Supplies, Unit 14, Phoenix House, Littlemeads Industrial Estate, Alfold Road, Cranleigh GU6 8ND.

12. Your rights in respect of defective products if you are a consumer

12.1. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also clause 8.3.

12.2.

12.2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return the goods in person to where you bought them, arrange for them to be returned to us at Yorkstone Supplies, Unit 14, Phoenix House, Littlemeads Industrial Estate, Alfold Road, Cranleigh GU6 8ND or allow us to collect them from you. Please call customer services on 0800 170 1799 or email us at sales@yorkstonesupplies.co.uk to arrange collection.

14. Price and payment

14.1. Where to find the price for the product. The price of the product (which will state whether it includes or excludes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.

14.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

14.3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions as to whether you wish to proceed with the order at the higher price or cancel your order before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

14.4. When you must pay. You must pay for Bespoke Products at the point of purchase. We may not be able to commence production of Bespoke Products until we have confirmed payment. A failure or delay in paying for Bespoke Products may cause delay to the delivery date. For all other products, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

14.5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

15. Our responsibility for loss or damage suffered by you if you are a consumer

15.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.1 and for defective products under the Consumer Protection Act 1987

15.3. When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

15.4. We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16 in the trade T&C's.

17. How we may use your personal information

17.1. How we will use your personal information. We will only use your personal

information as set out in our Privacy Policy [www.yorkstonesupplies.co.uk/privacy-policy].

18. Rewards

18.1. Rewards. By entering into this contract with us, you may be eligible to participate in our rewards scheme (“Rewards Scheme”). Our Rewards Scheme enables customers to earn reward points by taking certain actions, which may then be used to redeem discounts or gifts. Your elligibility and participation in our Rewards Scheme is subject to and in accordance with our Rewards Scheme Terms. Please see our Rewards Scheme Terms for further information.

19. Other important terms

19.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

19.2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

19.3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

19.4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

19.5. Severance. Each of the paragraphs of these terms operates separately. If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, or is incompatible or conflicts with any laws or regulations of the country in which you are receiving the products, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms and conditions.

19.6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Landscaping Disclaimer - Customers

This complimentary service allows you to request a quote for landscaping services from one of our partnered landscaping service providers (“Partnered Landscapers”).

We will pass your information to our Partnered Landscapers, who will contact you directly to discuss the matter further and arrange the quote.

By using this service, you consent to us sharing your information with our Partnered Landscapers for the purpose of them contacting you with regard to your quote. Your personal data will be processed in accordance with our Privacy Policy.

Please note that we do not receive any payments or commission for this service.

Our Partnered Landscapers are separate and distinct entities from us and are not affiliates, group companies, subsidiaries or agents of Yorkstone. Any contact or dealings you have with any of our Partnered Landscapers, whether contractual or otherwise, shall be separate and distinct from us and shall be subject to such of our Partnered Landscapers terms and conditions as applicable. By using this service, you acknowledge and accept that no contractual relationship is created between us and you. As such, we shall have no liability in respect of any matters which arise as a result of your use of this complimentary service.

To see a list of our Partnered Landscapers, please visit www.yorkstonesupplies.co.uk