Sale Terms and Conditions
These terms and conditions apply to purchases made from Bailey’s of Norfolk, including orders placed through our website, by telephone or directly with our team.
Please read these terms carefully before placing an order. They contain important information about delivery, access requirements, cancellations, returns and refunds.
Nothing in these terms affects your statutory rights as a consumer.
- Delivery Access and Off-Loading
It is the customer’s responsibility to ensure that the delivery address and proposed off-loading area are suitable for the type of vehicle and delivery method being used.
Different products and order sizes may be delivered using different vehicles, including pallet delivery vehicles, crane vehicles and loose-load tipper vehicles.
If you are unsure whether your property is suitable for delivery, please contact us before placing your order.
1.1 Access
When placing an order, you must tell us about anything that could affect access to the delivery address, including, but not limited to:
- narrow roads or entrances;
- tight corners;
- low bridges, trees or overhead cables;
- weight, width or height restrictions;
- steep roads or driveways;
- restricted parking or unloading areas; and
- any other obstruction or access restriction.
Our delivery vehicles may be large and require considerably more room to manoeuvre than a car.
1.2 Pallet Deliveries
Palletised goods may be delivered using a tail-lift vehicle and pallet trolley.
A pallet trolley requires a hard, level and suitable surface and cannot operate over gravel, grass, soft ground, loose surfaces, steep slopes, steps or uneven ground.
Where safe and permitted, delivery may be made to the kerbside or another suitable accessible point at the driver’s discretion.
1.3 Crane Deliveries
Where goods are delivered by crane, the driver will determine where the goods can be safely unloaded.
The driver cannot unload where they consider access, ground conditions, overhead obstructions or any other circumstances to make the delivery unsafe or unsuitable.
1.4 Loose Tipper Deliveries
For loose tipper deliveries, the customer must provide a suitable and accessible location where the material can be safely tipped.
The driver has final discretion over whether the vehicle can safely access the property and whether the proposed tipping location is suitable.
The driver cannot unload where they consider access, ground conditions, overhead obstructions or any other circumstances to make the delivery unsafe or could cause a safety risk, obstruction, damage or breach of any legal requirement.
1.5 Failed Deliveries Due to Access
If we are unable to complete a delivery because the customer has not informed us of an access restriction, or because a suitable unloading or tipping location has not been provided, additional reasonable delivery, redelivery, collection or transport costs may be payable by the customer.
We strongly recommend contacting us before ordering if you have any concerns about access.
- Delivery Dates and Times
We will make reasonable efforts to deliver your order within the delivery period stated or agreed with you.
Delivery times and dates may occasionally be affected by circumstances outside our reasonable control, including traffic, vehicle breakdowns, severe weather, road closures and other transport disruptions.
If we become aware of a significant delay, we will endeavour to contact you as soon as reasonably possible.
2.1 Next Working Day Delivery
Where next working day delivery is offered, this is subject to:
- the order being placed before the stated cut-off time;
- stock availability;
- the delivery address being within the applicable delivery area; and
- suitable delivery access being available.
Weekends and public holidays are not classed as working days.
Where a specific delivery service is particularly important to you, please contact us before ordering if you require confirmation.
- Checking Your Delivery
Please check your goods as soon as reasonably possible following delivery.
If an item is damaged, defective, missing or materially different from what you ordered, please contact Bailey’s of Norfolk as soon as possible so that we can investigate and resolve the issue.
Where possible, please provide photographs of any damaged or incorrect goods and their packaging, as this may help us resolve the matter more quickly.
- Consumer Cancellation Rights for Online and Distance Orders
If you are purchasing as a consumer and have placed your order online, by telephone or through another form of distance selling, you will normally have a legal right to change your mind and cancel your order.
For most goods, you have 14 days from the day after you receive the goods to tell us that you wish to cancel.
Once you have told us that you wish to cancel, you must return the goods without undue delay and no later than 14 days after notifying us of your cancellation, unless we have agreed to collect them.
Certain goods and circumstances may be excluded from the statutory right to cancel.
- How to Cancel an Order
To exercise your right to cancel, you must clearly tell us that you wish to cancel your order.
You can contact us using the following details:
Bailey’s of Norfolk
Brick Kiln Road
Hevingham
Norfolk
NR10 5NL
Telephone: 01603 754607
Email: info@baileysofnorfolk.co.uk
If your order has not yet been dispatched, please contact us as soon as possible and we will endeavour to stop the delivery.
- Returning Goods Following a Change-of-Mind Cancellation
Unless we agree otherwise, you are responsible for the direct cost of returning goods when exercising your statutory right to cancel because you have changed your mind.
Many of our products are heavy or bulky and cannot normally be returned by post. Return or collection costs can therefore be significant.
Where goods cannot normally be returned by post, information about the estimated applicable return or estimated collection cost will be provided to you before you place your order.
Unless we have expressly agreed to collect the goods, it is your responsibility to return them to us following cancellation. Different arrangements apply to loose materials that have been tipped; please see Section 7.
Where we agree to arrange collection of unwanted goods on your behalf, the applicable collection cost will be payable by you where permitted by law and where you have been informed of and agreed to bear that cost.
Goods must be made available for collection in a safe and accessible location and, where applicable, in a condition that allows them to be safely collected and transported.
If goods have been handled beyond what is reasonably necessary to establish their nature, characteristics and suitability, and their value has consequently been reduced, we may make an appropriate deduction from the refund, up to the amount permitted by law.
- Loose and bulk Materials and Materials That Have Been Mixed, Used or Contaminated
Special considerations apply to bulk loose materials such as topsoil, compost, sand, aggregates, mulch and similar products.
Please check that you have ordered the correct product before the material is used, spread or mixed.
7.1 Loose Tipped and Bulk Materials
Loose materials can be particularly difficult to return once they have been tipped.
For quality, traceability and contamination-control reasons, loose material that has been tipped at a customer’s premises must not be returned directly to our premises by the customer or by a third party acting on their behalf without our prior written agreement.
Once loose material has been tipped, it has been outside our control and may have come into contact with existing soil, aggregate, chemicals, waste or other substances. We may therefore be unable to verify that returned material remains uncontaminated or meets the same standard or specification as the material originally supplied.
If you exercise a statutory right to cancel after a loose delivery has been tipped, please contact us. We will consider the circumstances of the return, including the condition and location of the material and whether it can be safely and practically collected.
Where we agree to arrange collection, specialist vehicles, plant or loading equipment may be required. The customer will be responsible for the applicable collection cost in the case of a change-of-mind cancellation where permitted by law and where the required information about return costs was provided before the contract was entered into.
Our inability to return loose or bulk material to our saleable stock because its condition, provenance or freedom from contamination can no longer be verified may also affect its value result in a possible deduction from a refund.
7.2 Contamination and Reduction in Value
Our soil and compost products are carefully sourced and are tested or supplied to particular standards and specifications.
Once loose material has been tipped onto land, a driveway, existing soil, aggregate or another surface, it may come into contact with other soil, stones, chemicals, waste or other substances outside our control.
We cannot therefore assume that material which has been tipped and subsequently returned remains in the same tested, specified or saleable condition in which it left our premises.
If, following delivery, the customer handles, stores, moves or otherwise deals with loose or bulk material in a way that reduces its value beyond what is reasonably necessary to establish its nature, characteristics and suitability, we may make an appropriate deduction from any refund to reflect that reduction in value or refund may not be applicable.
Depending upon the circumstances, contamination or the inability to verify the continued quality, provenance or specification of the material may significantly reduce its value.
Any deduction will reflect the actual reduction in value and will not be applied as a cancellation or restocking fee.
7.3 Material That Has Been Used or Mixed
The statutory right to cancel may cease where, after delivery, goods have become inseparably mixed with other materials.
For example, soil, compost, sand or aggregate that has been spread and incorporated into existing ground, mixed with another material or otherwise combined so that it cannot reasonably be separated may fall within this provision.
If you believe there is a problem with a product, please contact us before using, spreading or mixing it wherever reasonably possible, so that we have an opportunity to investigate.
- Refunds Following Cancellation
Where you exercise a statutory right to cancel, we will provide any refund due in accordance with applicable consumer law.
Where goods are being returned, we will withhold the refund until we have received the goods back and established the resalable condition of the goods.
Refunds will normally be made using the same payment method used for the original transaction unless otherwise agreed.
Where applicable, the refund will include the cost of our standard delivery option. If you chose a more expensive or enhanced delivery service, such as an express or specified-day service, we are not required to refund the additional amount above our standard delivery charge.
Where the value of returned goods has been reduced because they have been handled beyond what is reasonably necessary to establish their nature and characteristics, we may make a deduction from the refund, or a refund may not be applicable.
Estimated return-cost table. Please be aware that haulage costs fluctuate from week to week therefore, we are only able to give an estimation of return costs at this time however you will be advised of the costs prior to return where we are arranging collection.
| Delivery type | Change-of-mind return arrangement | Estimated cost of return |
| 25kg bags / 40 l bags palletised goods | Customer responsible for return cost. Goods need to remain suitably packaged/palletised and accessible for collection.
Bailey’s may arrange pallet collection if requested. |
Estimated collection cost: £40 per pallet depending on location in the UK |
| 400kg ; 800kg; ½ T and 1T bulk bags delivered by pallet network | Customer responsible for return cost. Goods need to remain suitably packaged/palletised and accessible for collection.
Bailey’s may arrange collection if requested. |
Estimated collection cost: £40 per pallet depending on location in the UK |
| Bulk bags delivered locally by crane | Customer responsible for return cost. Goods need to remain suitably packaged and accessible for collection
Bailey’s may agree to collect where safe and practical. |
Estimated Collection cost: £30 bag |
| Loose tipper deliveries | Must not be returned to Bailey’s without prior written agreement. Collection may require loading equipment, and material may have diminished value after tipping to customer due to contamination of the product.
If return is agreed for a loose tipper delivery: collection costs will include a vehicle loading charge estimated £100 where loading equipment is required plus haulage costs estimated £30 – £170 depending on customer location. |
|
- Faulty, Damaged or Incorrect Goods
Your rights where goods are faulty, damaged, incorrectly supplied or not as described are separate from your right to change your mind.
If you believe that goods supplied by us are faulty, damaged or not as described, please contact us as soon as reasonably possible.
We may ask you to provide photographs or other reasonable information to help us investigate the problem.
Soil, Compost and Naturally Occurring Growth
Our topsoil, compost and woodchip products are natural, biologically active materials. They contain naturally occurring organic matter, microorganisms and other soil life which form part of a healthy growing medium.
Seeds and other plant material are naturally present in the surrounding environment and can be introduced by wind, birds, animals, existing ground, neighbouring vegetation or other sources.
For this reason, the subsequent appearance or growth of weeds or other plants DOES NOT, in itself, mean that the topsoil products, compost products and woodchip supplied is faulty or defective.
Where goods do not conform to the contract, we will deal with the matter in accordance with your statutory rights and you will not be required to pay return or collection costs for goods where we are legally responsible for those costs.
Nothing in these terms excludes or restricts your statutory rights under the Consumer Rights Act 2015 or other applicable consumer legislation.
- Natural Products
Many of the products we supply are natural or recycled materials, including but not limited to topsoil products, compost product, woodchip, sand, stone and aggregates.
Natural variation in colour, texture, moisture content, particle size and appearance may occur between loads or batches.
Photographs and product images on our website are intended to provide a reasonable representation of the product but natural materials may not be identical in appearance to those shown.
Where a particular colour, appearance or specification is important to your project, please contact us before ordering.
- Quantities and Product Calculator
Any quantities produced by our online Product Calculator are estimates only.
The actual quantity of material required may vary depending on factors including compaction, settlement, moisture content, ground conditions, application depth and the nature of the project.
Customers are responsible for determining the quantity suitable for their individual project.
- Business and Trade Customers
The statutory consumer cancellation rights described above apply to individuals acting wholly or mainly outside their trade, business, craft or profession.
Orders placed wholly or mainly for business or trade purposes may be subject to different cancellation and return arrangements.
If you are ordering on behalf of a business or trade account and wish to cancel or amend an order, please contact us as soon as possible.
- Your Statutory Rights
Nothing in these Sale Terms and Conditions is intended to exclude, restrict or reduce any rights you have under applicable UK consumer law.
For consumer purchases, these rights may include rights provided by the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Model Cancellation Form
Complete and return this form only if you wish to cancel your contract. You do not have to use this form and may contact us by another clear method instead.
To:
Bailey’s of Norfolk
Brick Kiln Road
Hevingham
Norfolk
NR10 5NL
Email: info@baileysofnorfolk.co.uk
I/We hereby give notice that I/we wish to cancel my/our contract for the sale of the following goods:
Goods ordered: ______________________________
Order number: ______________________________
Ordered on: ______________________________
Received on: ______________________________
Name of customer: ______________________________
Address of customer: ______________________________
Signature (only if this form is submitted on paper): ______________________________
Date: ______________________________
