By choosing to use this website, you are agreeing to abide by all terms & conditions set out on this page.

Terms and conditions last updated 22/02/2024

 

OUR CONTRACT

These Terms and Conditions govern the supply of goods sold by Broadfield Mowers, Broadfield Road, Sheffield. S8 0XJ (“we” and “us”) to the customer (“you”).

Our VAT number is 974075495.

All orders placed by you and purchases of goods from us (whether in-store, by telephone, via our website or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us either (as applicable):

delivering the goods to you; or

providing the goods you have purchased to you at the counter, at which point a legally binding contract is constituted between us.

The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.

ORDERING

On our website, you may place an order to purchase a product advertised for sale by following the on-screen prompts after clicking on the item(s) you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the submission button on the ‘Verify your order’ page.

All orders placed by you and purchases of goods by you from us are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.

Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.

All product information contained on this website is correct to the best of our knowledge, generally supplied by the manufacturer, and is provided in good faith.

PRICE AND PAYMENT

The price payable for the goods you order or purchase is as set out in store and on our website at the time you submit your order, plus any charges for delivery as advised to you. All prices are displayed with and without the current applicable VAT rate.

Occasionally an error may occur and goods may be incorrectly priced, in which case we will not be obliged to supply the goods at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.

We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed, unless we have agreed otherwise in advance in writing.

For website orders, payment can be made by most major credit or debit cards (excluding AMEX) or BACS. By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it.

All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase.

We recommend that you do not communicate your payment card details to anyone, including us, by email. Subject to clause 8.5, we cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.

If you are a trade customer, you are responsible for all orders placed by your employees and for any purchases made on cards issued to you or attributed to your Trade Account and we are not bound by any individual order limit you may impose on your employees.

If you are a trade customer, you may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have.

We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.

The format of our invoice and statements to you will solely be dictated by us and we will not enter into any variation of our format unless any proposed variations are requested in writing at least six months in advance and expressly agreed by us.

DELIVERY AND TITLE

Unless you choose to collect the goods from our store and except in exceptional circumstances (as contemplated in clause 11), we aim to deliver the goods in accordance with your order usually within the stated delivery time (except in exceptional circumstances) but not more than 30 days after the day you place your order, unless otherwise agreed between you and us, subject always to clauses 5 and 11. We reserve the right to deliver an order in instalments by separate delivery shipments.

Before placing your order, please refer to the delivery options set out on our website to ensure that we can deliver to your address. A valid signature may be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately.

For reasons of health and safety and to avoid any property damage, items dispatched via a pallet delivery service can only be delivered to the exterior of a ground floor location at the delivery address and on to hard standing. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation, fitting or waste removal services upon delivery unless otherwise agreed by us in writing.

You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.

Without prejudice to clause 4.4, upon delivery of the goods to you or collection of the goods by you, the goods shall be at your risk and responsibility. In spite of delivery or collection, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full and, where other sums payable to us from you are overdue, you have paid those sums too. Until title in the goods passes from us to you, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the goods.

AVAILABILITY

All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available.

MANUFACTURERS WARRANTY & GUARANTEE

Some of our goods are sold with a manufacturer’s warranty, guarantee or similar assurance (please see the relevant product description on our website for further details). Any complaint, query or claim under a manufacturer’s warranty, guarantee or similar assurance must be made direct to the manufacturer and we do not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance.

Any manufacturer’s warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.

Any fault covered under warranty must be taken to your local manufacturing dealer. Broadfield Mowers will usually offer to carry out the warranty repair, however, any carriage charge to and from the consumer and Broadfield Mowers will have to be covered by the consumer.

CANCELLATIONS, RETURNS AND REFUNDS

Cancellation

Until the point it is dispatched, you may cancel your order by contacting us using the details set out below at clause 14 and quoting your order or invoice number. If your order has already been dispatched before we receive your notice of cancellation, it will be processed as a return.

Exchanges and returns

You may return items to us for exchange or refund, by giving us notice of return, within 28 days of purchase and the items must be unused, in the original packaging where possible and in a re-saleable condition.

You will lose your right to return or exchange the goods after the expiry of the 28 day period referred to in clause 7.2.1 (this does not affect your rights if there is any problem with the goods).

To exercise your right to return, you may inform us of your decision to cancel by post, phone or email using the contact details set out below at clause 14. You may also inform us in store at our trade counter. If you are making a return because of any problem with the goods, please notify us of the problem at the time of indicating your intention to return.

We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned, where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods.

If you are returning goods for exchange, where the goods were neither incorrectly-supplied nor faulty, we will not be liable for your postage costs. If your order originally qualified for free postage, any refund will exclude the original postage cost; exchanges will incur the cost of posting the replacement item(s) to you.

Your right of return or exchange does not apply to goods that are cut or mixed to your requirements, made to measure, made to your specifications or clearly personalised. Your right of return does not apply to goods which are not suitable for return due to health protection or hygiene reasons, if you have opened the product packaging after delivery or collection.

If you are returning goods for refund or exchange, where the goods were neither incorrectly-supplied nor faulty, and the goods were a special order (non-stock) item, we reserve the right to impose a 20% handling fee.

We will refund you using the same means of payment as you used to pay for your order or purchase.

Upon giving notice of your intention to return goods, you must return the goods to us (together with the original packaging) without undue delay and in any event within 14 days after the day of notification and within 28 days of purchase (as indicated in clause 7.2.1) at your cost (subject to clause 7.2.5), unless we agree that you may dispose of them, in which case please comply with the manufacturer’s instructions before disposing of hazardous goods. You must return goods with all components and also any promotional items received (including free gifts) or discounted additional products.

FAULTY GOODS

Where the goods are being returned because they are faulty, we will meet the cost of return delivery but we ask that you allow us to nominate the carrier. Your right to return goods in these circumstances is not limited to the 28 day period in clause 7.2.1.

Without prejudice to your right to cancel orders generally under this clause 7, if you have notified us of a problem with the goods within 28 days of delivery or collection, we may at our option either offer to make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery or collection; or cancel the order (or part of the order affected) and refund to you the amount paid by you for the goods in question.

If an item develops a fault after 28 days following delivery or collection, and where the manufacturer has provided a helpline, repair service or warranty, you should contact the manufacturer direct. If there is no such service or warranty with the product, in most instances we will either offer a repair or where this is not possible we will replace the item with the same or an equivalent model.

LIABILITY DISCLAIMOR

If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any:

loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);

loss which arises when we are not at fault or in breach of these Terms and Conditions; and

business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).

If you are a trade customer, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at our discretion.

Without prejudice to clause 8.2, if you are a trade customer, we shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise)for any: (i) loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or (ii) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.

If you are a trade customer, you acknowledge and agree that these Terms and Conditions constitute the entire and only agreement between us.

Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.

Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.

If you are a trade customer and subject to clause 8.5, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the use of goods that we supply.

All prices quoted on this site are subject to change without notice.

The information, software, products, and services included on this site may include inaccuracies or typographical errors. Changes are periodically made to the information herein.

Broadfield Mowers may make improvements to and/or changes to this site at any time. Information received on or through these sites should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Broadfield Mowers makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on this site for any purpose. All such information, software, products, services and related graphics are provided as is without warranty of any kind. Broadfield Mowers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Broadfield Mowers is not liable for any direct, indirect, punitive, incidental, special, consequential or any other damages, including legal fees, whatsoever. Such damages include but are not limited to damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of Broadfield Mowers sites, arising from delay or inability to use Broadfield Mowers sites or related services, related to the provision of or failure to provide services, or resulting from any information, software, products, prices, services and related graphics obtained through this or any other Broadfield Mowers site, or otherwise arising out of the use of this or any other Broadfield Mowers site, whether based on contract, tort, negligence, strict liability or otherwise. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this site.

AGE REQUIREMENTS FOR SPECIFIC GOODS

Where you place an order for or otherwise purchase age-restricted goods such as solvents and knives, you confirm that you are over the age of 18 and that (where applicable) delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order or purchase if we reasonably believe you do not meet the age restrictions for certain goods.

TERMINATION

We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.

EVENTS BEYOND OUR CONTROL

We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).

DISPOSAL OF ELECTRICAL EQUIPMENT

The WEEE regulations (January 2007) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). If you are a trade customer, you agree that the collection, recovery/treatment and disposal of non-household Electrical or Electronic Equipment purchased from us will be your responsibility. In the case of household waste, please take this waste to your nearest Designated Collection Facility (DCF) where special facilities exist for correct disposal. To find your nearest DCF please visit the following web site: www.recycle-more.co.uk.

WEBSITE LIMITATIONS

This site is for your personal use only and is designed for the sole purpose of providing information and services on Broadfield Mowers. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this site, unless Broadfield Mowers grants you specific permission in writing.

E-mail addresses posted on this site are not to be used by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior written approval by Broadfield Mowers.

LINKS TO THIRD PARTY SITES

This site may contain links to other web sites. Because Broadfield Mowers has no control over these sites and their resources, Broadfield Mowers is not responsible for the availability of these external sites, and can not be held responsible or liable for any content, advertising, products, or other materials on or available from these sites.

No unlawful or prohibited use

As a condition of your use of this site, you agree that you will not use the site for any purpose that is unlawful under any law or prohibited by these terms and conditions. You may not damage, disable, overburden, or impair this site. You may not obtain or attempt to obtain any materials or information not intentionally provided for through this site.

INDEMNITY

Broadfield Mowers, its agencies, departments, agents and employees cannot be held responsible for any losses, damages, expenses, claims, demands, suits, or actions, including reasonable legal fees made by any third party due to or arising from your use of this site, information obtained from the site, information which you provided to the site, your connection to the site, your violation of these terms and conditions, or your violation of any rights of another.

COPYRIGHT NOTICE

All information available from this site may be protected under UK and foreign copyright laws. Permission to reproduce may be required. Broadfield Mowers retains all rights to the information provided by this service, including, but not limited to, the right of distribution.

All third party trademarks are acknowledged and are the property of their respective owners.

These terms and conditions shall be governed by the relevant United Kingdom law, and by agreeing to be bound by them you agree to submit to the exclusive jurisdiction of the relevant courts of the United Kingdom.

We reserve the right to make reasonable modifications to the terms and conditions shown above in so far as they are listed on our website. Changes to terms and conditions will take affect thirty (30) days after they are posted on this website.

GENERAL

If any provision of these Terms and Conditions(including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected. Our contract shall be governed by and interpreted in accordance with English law.

Contact Details

If you wish to make an order, cancel or discuss your order, or make a complaint with respect to your order, please contact us by post Broadfield Mowers, Broadfield Road, Sheffield. S8 0XJ. By phone 01142583855 or via email broadfieldmowers@gmail.com

DISPOSAL OF CUSTOMERS UNCOLLECTED GOODS

In accordance with The Torts (Interference with Goods) Act 1977 Broadfield Mowers will make every effort to inform customers when their goods are ready for collection. If after a 3 month period the goods have not been collected but paid for Broadfield Mowers will sell the goods on to redeem storage costs. If after 3 months goods that are unrepaired and uncollected Broadfield Mowers will dispose of the item/s