WEBSITE TERMS & CONDITIONS
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
General terms and conditions
This site is owned and operated by Mark Lothian Landscaping | 9e Bogwood Road, Dalkeith, Midlothian, E22 5AD If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at firstname.lastname@example.org or 0131 516 2282
1. The contract between us / Sales Agreement
The contract between us is detailed in our Sales Agreement.
2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Mark Lothian Landscaping. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
4. Accuracy of content
We have taken care in the preparation of the content of this website, to ensure that prices quoted are correct at the time of publishing and that all services have been described accurately.
5. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment because of using this website.
The services will be provided within an agreed timescale, and time is not of the essence of the contract.
7. Ordering errors
You can correct errors on your order up to the point on which you click on “submit” during the ordering process.
The prices payable for services that you order are as set out on our website or agreed via email or agreed via telephone or agreed via a formal quotation document. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
9. Payment terms
We will take payment upon completion of the agreed service(s). We accept no liability if our services are delayed because you did not give us the correct details. If it is not possible to obtain full payment for the services from you, then we can refuse to complete your order and/or suspend any further services. This does not affect any other rights we may have.
10. Cancellation rights
10.1 Where you are a consumer as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which the contract is entered (the Cancellation Period). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty (unless we have begun the services within the Cancellation Period in accordance with clause 10.5)
10.2 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 do not apply if the services you have ordered are of a gambling, banking, credit, insurance, personal pension, investment or payment nature.
10.3 In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you cannot cancel your contract if the services you have ordered are passenger transport services, services (other than the supply of water, gas, electricity or heating) for which the price is dependent on fluctuations in the financial market, urgent repairs or maintenance where you have specifically requested a visit, accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities (if the contract provides for a specific date or period of performance).
10.4 Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us by any other clear statement.
10.5 If you require us to begin the services within the Cancellation Period we require you to make an express request to do so. In such cases, your right to cancel continues until either the end of the Cancellation Period, or the completion of the services, whichever is the earlier. If you cancel during the Cancellation Period, we may charge you for any services provided up until the point when we receive your cancellation notice and will provide a partial and proportionate refund accordingly. Your right to cancel the services will no longer apply once the services have been fully performed.
11. Cancellation by us
11.1 We reserve the right not to complete your order if:
11.1.1 We have insufficient staff or resources to deliver the services you have ordered;
11.1.2 We do not provide services to your area; or
11.1.3 One or more of the services you ordered was listed at an incorrect price due to a typographical error.
11.2 If we do not complete your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us as soon as possible, but in any event within 14 days.
12. If there is a problem with the services
12.1 If you have any questions or complaints about the services please contact us. You can do so at Mark Lothian Landscaping | 9e Bogwood Road, Dalkeith, Midlothian, E22 5AD, email@example.com , 0131 516 2282
12.2 We are under a legal duty to supply services that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
13.1 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
13.2 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
13.3 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.
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 Mark Lothian Landscaping | 9e Bogwood Road, Dalkeith, Midlothian, E22 5AD, firstname.lastname@example.org , 0131 516 2282 and all notices from us to you will be displayed on our website from time to time.
15. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
16. Law, jurisdiction and language
This website, any content contained therein, and any contract brought into being as a result of usage of this website are governed by and construed in accordance with Scottish law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Scotland. All contracts are concluded in English.
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.
19. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
20. Other important terms
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.
Mark Lothian Landscaping is committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Data Protection Act 1998 (‘the Act’)
We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.
Use and collection of personal information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
• To register you with our website and to administer it.
• For assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
If you do not want us to use data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
We may disclose your personal information to third parties:
• In the event we sell or buy any business or assets, in which case we might disclose your personal data to the prospective buyer or seller.
• If we are under a legal duty to disclose or share your personal data in order to comply with or meet any legal obligation.
Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.
To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site. Alternatively, you may opt out of receiving information from us by e-mail, telephone, fax or post. Our phone number is 0131 516 3040, or you can email us on email@example.com
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
You have the right to ask us not to process your personal data for marketing purposes. We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose. You can exercise your right to prevent this happening by checking certain boxes on the forms we use to collect your data.
You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to:
Mark Lothian – Mark Lothian Landscaping
9e Bogwood Road,
Dalkeith, Midlothian, E22 5AD,
Mark Lothian Landscaping | 9e Bogwood Road, Dalkeith, Midlothian, E22 5AD, firstname.lastname@example.org , 0131 516 2282
I/We* hereby give you notice that I/We* cancel my/our* contract for the sale of the following goods*/for the supply of the following services*:
Ordered on*/Received on*:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s): (only if this form is notified on paper)
*Delete as appropriate