Terms & Conditions
The term ‘Holley Hextall Limited’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Holley Hextall Ltd, Swatton Barn, Badbury, Swindon, Wiltshire SN4 0EU. Our company registration number is 11023684. The term ‘you’ refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
The information contained in this website is for general information purposes only. The information is provided by Holley Hextall Limited and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- 1. This website and its content is copyright of Holley Hextall Limited © 2007-2018 All rights reserved.
- 2. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- 2.1 You may print or download to a local hard disk extracts for your personal and non-commercial use only
- 2.2 You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
- 3. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
PURCHASING GOODS WITH HOLLEY HEXTALL LIMITED
1. THE CONTRACT BETWEEN US:
- 1.1 When you place an order via our website, you will be asked to read and agree to our terms and conditions of sale. This forms a legally binding contract between us. We will send you an e-mail to confirm that we have received your order, to confirm your delivery details and to provide you with a durable form of your contract with us.
- 1.2 Should you order by telephone, we will send you an e-mail providing details of your order and our contract terms in a durable format and you will be required to respond to the email to confirm your acceptance of the contract. Upon our receipt of your acceptance email, we will email an acknowledgement to you to confirm that a legally binding contract has been formed.
- 1.3 Payment must be received prior to goods being shipped.
- 2.1 The prices payable for goods that you order are as set out in our website or by written quotation.
- 2.2 Delivery charges are not included in the price of goods, however some locations attract additional delivery surcharges and it may not be possible for us to deliver to all locations.
3. YOUR RIGHT TO CANCEL YOUR CONTRACT
- 3.1 You may cancel your contract with us for the goods you order at any time up to the end of the fourteenth working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
- 3.2 Bespoke items made to your specification and perishable goods may not be returned.
- 3.3 To cancel your contract, you must notify us in writing.
- 3.4 If you have received the goods before you cancel your contract then you must send the goods back at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us (return address will be provided) at your own cost and risk as soon as possible. In all cases you will be liable to pay any direct costs incurred by us.
- 3.5 Prior to return, it is your responsibility to take reasonable care of the items. If you fail to take reasonable care and this results in damage or deterioration, we will charge you for the reduction in value.
- 3.6 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card, less any direct costs incurred by us will be credited to your account as soon as possible and in any event within 14 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
- 3.7 This cancellation policy does not affect your legal rights if goods are faulty.
4. CANCELLATION BY US
- 4.1 We reserve the right to cancel the contract between us if:
- 4.1.1 We have insufficient stock to deliver the goods you have ordered;
- 4.1.2 We do not deliver to your area;
- 4.1.3 One or more of the goods you ordered was listed at an incorrect price;
- 4.1.4 Due to a typographical error or an error in the pricing information received by us from our suppliers
- 4.1.5 We are unable to deliver as a result of delivery complications.
- 4.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 14 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. DELIVERY OF GOODS TO YOU
- 5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order subject to the following clauses:
- 5.1.1 Our standard delivery service uses large 18 tonne vehicles – about the size of a large removal lorry. The dimensions of the vehicle are approximately: L9.9m x W2.5m x H3.6m
- 5.1.2 It is your responsibility to tell us at the time of ordering if this vehicle is too large for your access. At our discretion and subject to availability, a smaller 7.5 tonne vehicle may be available to deliver the goods. The dimensions of this vehicle are approximately: L7.10m x W2.4m x H3.2m
- 5.1.3 Delivery is made to kerbside only and will be unloaded from the back of the vehicle using a tail-lift (a platform that lowers down). The pallets are then rolled off the vehicle; therefore it is very important that the ground is level and hard such as tarmac or concrete. Grass, compacted soil and gravel are not suitable areas for unloading.
- 5.1.4 Should the carrier encounter problems with delivery as a result of the failure to disclose any relevant information, you will be responsible for full costs of aborted delivery.
- 5.1.5 Delivery dates are often notified by the carrier prior to the goods arriving with you. Alternatively, we will make every effort to inform you of the anticipated delivery date in advance. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order. Delivery dates notified to you are for guidance only and while we will make all reasonable efforts to meet any proposed delivery date, specific delivery dates cannot be guaranteed and any failure to deliver on a specified day will not be a breach of contract by us and save as precluded by law we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem caused as a result of a delayed or unscheduled delivery and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the delivery surcharge in question.
- 5.1.6 You or your authorised representative must be present at your premises on delivery of the goods to check the goods prior to signing for the delivery and where necessary assist the driver with the off loading of the goods.
- 5.1.7 Occasionally, some pallets of paving will be extremely heavy and the driver may need assistance in unloading the pallet from the vehicle. We use an economical delivery service to ensure our prices remain low, which restricts the maximum offload weight per pallet. If providing assistance to the driver is likely to cause you difficulty, please advise us beforehand and we will offer alternative delivery options, however these are likely to incur additional fees.
- 5.1.8 By accepting our terms and conditions you acknowledge the conditions required for delivery. You must inform us of any reasons why clauses 5.11 to 5.18 inclusive cannot be complied with at the time of placing your order failing which you will be liable for any return and redelivery fees if the delivery company is unable to deliver the goods to you on arrival at your premises.
6. ACCEPTANCE OF GOODS & LIABILITY
- 6.1 If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. Some out of stock items may have longer delivery times and this will be explained to you at time of order. Multiple item orders may not arrive together.
- 6.2 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, this should where possible be recorded at time of delivery on the carrier’s delivery docket. Furthermore, we must be notified in writing/ via email with photographic evidence of any issues within 7 days following delivery.
- 6.3 If you notify a problem to us under clauses 6.1 or 6.2 above, our only obligation will be:
- 6.3.1 to make good any shortage or non-delivery
- 6.3.2 to replace any goods that are damaged or defective; or
- 6.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
- 6.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.3.3 above.
- 6.5 Do not arrange for contractors to be on site until your goods have been delivered and checked.
- 6.6 You become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be held liable for their loss or destruction.
- 6.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
- 6.8 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7. PRODUCT QUALITY
- 7.1 All photographs are provided as an indication of product appearance only, as lighting conditions, screen calibration and natural variances may affect the appearance of the product.
- 7.2 Natural stone products may vary in colour and texture and will contain individual markings and natural imperfections. These include, but are not limited to mineral deposits which may change over time as the minerals oxidise and can appear as copper, bronze or black colouration or quartzite veining. Reconstituted (manmade) stone products contain natural aggregates and these may vary in colour and texture between batches.
- 7.3 Sawn edged or machine finished flags may include minor variances and irregularities. The surface of hand-cut paving may delaminate slightly.
- 7.4 Efflorescence (white markings) may appear on the surface of concrete paving as a result of a chemical reaction between cement and water. This is a natural phenomenon and will gradually disappear with weathering. Efflorescence is a characteristic of good quality paving with high cement content.
- 7.5 Natural wood products may exhibit cracks, resins and marrow, gnarls and grains, rough sections, salts, pinholes and mould. These characteristics are normal and are usually part of the drying, processing or treating stages of the timber and will lessen or become less obvious over time.
- 7.6 Turf, sedum and Meadowmat are living products and should be laid within 2 hours of delivery onto a suitable surface. Living products must be watered twice daily until established and furthermore in dry conditions.
- 7.7 Sizes quoted are nominal and may vary in accordance with manufacturing tolerances. As a general guide, paving sizes quoted may vary by +/- 5mm. The thickness of calibrated paving may vary by +/- 4mm. Some manufacturers include the pointing allowance in the specified paving size. Usually, the quoted sizes and coverage shown on our website are achieved when using an average 10mm pointing joint. Product shape and weight may also vary.
- 7.8 Unless specified otherwise, all buildings and timber items require construction on site and will often need minor cutting to materials to complete the project. This necessitates the use of tools as appropriate.
- 7.9 As products may vary between packs and batches, ensure they are mixed from each pack to achieve a blended overall appearance.
- 7.10 Ensure all goods are checked for damage and defects prior to use as we will not be held responsible for any associated costs of uplifting and relaying.
- 7.11 Many products will weather over time and this may appear in the form of gradual fading (mainly manmade paving) and lichen/ organic growth discolouration in certain environmental conditions. Areas close to trees or planting borders may be prone to discolouration and require cleaning. Sealing paving can often reduce this effect, however seek the manufacturer’s guidance prior to application. Many products will require annual maintenance. Only use cleaning and maintenance products suitable for the product you have purchased.
- 7.12 Unless specified to the contrary, our products are intended for exterior use on pathways, driveways, patio and garden applications. Driveway paving products should be used in lightly trafficked areas as this paving is designed for withstanding vehicular weight.
- 7.13 Samples are provided as an indication of colour and texture only and sample thickness is not necessarily representative of the actual product.
- 7.14 The manufacturers of our products have a continual policy of product improvement. We therefore reserve the right to alter or change our product specifications without notification.
- 7.15 All complaints must be received in writing. We will deal with the matter in accordance with your legal rights.
- 8.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Hextall Stone Chittoe, Chippenham, SN15 2EL and all notices from us to you will be displayed on our website from time to time.
9. EVENTS BEYOND OUR CONTROL
- 9.1 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputed, breakdown of systems or network access, flood, fire, explosion or accident.
- 10.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
12. THIRD PARTY RIGHTS
- 12.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13. GOVERNING LAW
- 13.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
14. ENTIRE AGREEMENT
PRIVACY AND COOKIES
Holley Hextall Limited are committed to complying with the General Data Protection Regulation and the Data Protection Act 2018, once enacted. Looking after the personal information you share with us is very important, and we want you to be confident that your personal data is kept safely and securely and to understand how we use it to offer you a better and more personalised shopping experience.
This privacy notice was last updated on 18th May 2018.
What we collect
When you buy goods from us, you are entering into a contract with us. When ordering and/or setting up an account with us we will ask you to provide some personal information as below;
– Full Name and job Title
– Address and Delivery Address
– Contact Numbers
– Email Address
Holley Hextall Limited work with a number of trusted suppliers, agencies and businesses in order to provide you the high quality goods and services you expect from us. See our list below of the third parties with whom we share your data are:
Holley Hextall Limited works with a number of trusted partners who supply products and services on our behalf. All partners are subject to thorough security checks, and will only hold the minimum amount of personal information needed in order to fulfil the orders you place or provide a service on our behalf.
In order for you to receive your goods,Holley Hextall Limited works with a number of delivery partners. Again, we only pass limited information to them in order to ensure delivery of your items.
Holley Hextall Limited works with business who support our website and other business systems.
Holley Hextall Limited works with trusted third party payment processing providers in order to securely take and manage payments.
We want to keep you up to date with information about new ranges, special offers and improvements to our website. When you set your account up or go through to our checkout. we will ask you if you want to receive this type of marketing information.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
LINKS TO OTHER WEBSITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at email@example.com We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write Holley Hextall Stone
Chittoe, Chippenham, SN15 2EL
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.