Terms & Conditions
Please don't be frightened by these Terms & Conditions. We are not trying to bamboozle you or mislead you in any way at all. We are all aware that any legal document can be confusing but we need to protect our self just as you want to protect yourself. There is a load of 'legal speak' here but we have changed some parts to make it easier to read and understand and put in some punctuation which legal people seem not to want to put into a contract. Basically, our website is here to promote our products and services which, hopefully, means that you will buy from us. Nothing on our site is designed to or intended to mislead you or to give incorrect information, we are an honest company.
Many people are, quite rightly, concerned about the security of their personal information just as we are when we use other websites. We can GUARANTEE that the only personal information we need from you is the information required to process your order or to make your ordering easier or the use of our website easier. We will NEVER sell your information or give your information to any person or company who is not directly connected to your order, for example, a courier.
We want you to be happy and to feel comfortable using our website or dealing with us in any way. If there is anything that you are unsure about then please tell us.
”We” or “Us” means the company SPCB UK Limited.
The “Website” means "spcb.co.uk" "mosskillers.co.uk" "mosskillers.com" "moss-killers.co.uk", "moss-killers.com", "originaltouch.co.uk", "originaltouch.com" or any subsequent URL or any other branch of the Websites owned and operated by SPCB UK Limited.
“Customer” or “You” means the person or company who accesses and uses this Website.
”Personal Information” means the details provided by you on registration or by completing the order form or request for further information or assistance.
"Product" means any product offered for sale by SPCB UK Limited via the Website.
”Conditions” means these Terms and Conditions applicable to the use of this Website or to the relationship with us (SPCB UK) Limited when placing an order via this Website.
"United Kingdom" means England, Wales, Scotland, and Northern Ireland.
All products displayed on this Website are offered by SPCB (UK) Limited which will be the contracting party for any order that you place. If you require any assistance in relation to this Website, please contact our Customer Services Team via email email@example.com. or by telephone on 01673 895130. These Conditions apply to the use of this Website and/or placing an order via this Website. Please read them carefully before using the Website. By using the Website you agree to be bound by these Terms and Conditions. They do not affect your statutory rights. If you have any questions relating to these Conditions please contact our Customer Service Representatives as above. These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these Terms and Conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions. You agree that you will use the Website only in accordance with these Terms and Conditions and only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website. You agree that all information which you provide to us is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to such information to ensure that we are able to make timely delivery of your order. We may change these Conditions at any time. Any changes will take effect on the date they are posted on the Website. Your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. Please check them before making any purchase. If you do not agree with any change to the Terms and Conditions you should not continue to use the Website. We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
Each provision of these Terms and Conditions of Sale shall be construed separately and independently of each other and the validity and enforceability of any one part shall not affect the validity and enforceability of any other part.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
LIMITATION OF LIABILITY
Whilst we will endeavour to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided to you on an "as is" and "as available" basis without any representation or endorsement made and we make no warranty of any kind, whether express or implied in relation to the Website or any transaction that may be conducted on or through the Website including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness or any implied warranty arising from course of dealing or usage. No warranty is provided by us that the Website will meet your requirements or will be uninterrupted, timely, or error-free or that the Website or the server(s) that makes it available, are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website. To the fullest extent, allowed by applicable law, we will not be liable to you or any third party for any economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings), or any consequential, special or indirect losses whatsoever that arise out of or are related to this Website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
2. any loss of goodwill or reputation; or
3. any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights. Nothing in this paragraph applies to our legal liability in respect of goods and/or services sold through this Website. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
LINKS TO THIS AND OTHER WEBSITES
To provide increased value to you, we may provide links to other websites or resources from time to time for you to access at your sole discretion. Any such link is not an endorsement of such websites or resources and you acknowledge and agree that we are not responsible for the availability of and content of such websites or resources. We do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources. We reserve the right, at our discretion, to prohibit any link from another website or resource to materials or information on this Website. Without prejudice to that right, any link to material or information on this Website must be neither misleading nor deceptive and must fairly indicate this Website as the destination of the link. You agree not to copy or frame any pages, images, text, trademark, logo or other information on this Website without our prior written consent. You also agree not to use any meta-tags or any hidden text which uses spcb.co.uk, SPCB (UK) Limited or any Websites thereof without the written consent of SPCB UK Limited.
You acknowledge and agree that all copyright, trade marks, licences and all other intellectual property rights in all material on the Website, the Website design, structure and graphics and all software and source codes connected with the Website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. The material contained within the Website is made available for your personal non-commercial use only. You may only access, view, copy and/or print pages from the Website for the sole purpose of you evaluating whether to and/or placing an order with us. Any other use of the material within the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. SPCB UK Limited, spcb.co.uk and our other logos on this Website are property of SPCB UK Limited and may not be reproduced without our written permission. Other organisations and company names on the Website may be trademarks of their respective owners as indicated and may not be reproduced without written permission. The Customer shall respect all license agreements delivered by the copyright owners. We cannot be responsible for any misuse by the Customer or any third party.
IF YOU ARE BASED OUTSIDE THE UNITED KINGDOM
Because laws and regulations differ from country to country, we make no warranties, express or implied that making the Website available in any particular jurisdiction outside of the United Kingdom is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Website available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, this Website is not offered to you. You accept that if you are resident outside of the United Kingdom, you must satisfy yourself that you are lawfully able to use the Website. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the use of the Website by persons in jurisdictions outside the United Kingdom or who are nominees of or trustees for citizens, residents or nationals of other countries. You are only able to purchase chemical products from our website if your delivery address is in the United Kingdom or the Channel Islands unless We have agreed otherwise in writing.
We welcome any comments about our Conditions, our Company, our policies and our Website. Please forward any comments or queries to our Customer Services at firstname.lastname@example.org. or by calling 01673 895130.
COPY OF YOUR INFORMATION
Please note that you are entitled to receive a copy of the information we hold on you for a nominal charge to cover the cost of sending the information. To arrange for a copy to be emailed to you please email us at email@example.com. Emailed information will not incur a charge.
These Terms and Conditions are governed and shall be interpreted in accordance with the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the English courts. We are required by law to inform you that sales can be concluded in English only and that no public filing requirements apply.
If you have any questions regarding security, you can contact us by whatever means is convenient to you at the time.
We require personal details such as your name, address, e-mail address, telephone number, so that we can respond to your enquiry effectively. We do not use it for any other reason. It is collected by the following methods:
1. You may provide Personal Information when communicating with us.
2. You may order a product or a service and give your Personal Information so that the order can be processed and your products (or services where appropriate) delivered to you.
3. We may collect information about your tastes and preferences both when you tell us what these are and by analysis of customer traffic, including by using cookies (see below).
YOUR USE OF THE WEBSITE
In order that we can monitor and improve the site, we may gather certain information about you when you use it, including details of your domain name and IP address, operating system, browser, version, cookie details (see below) and the website that you visited prior to our site. This is anonymous aggregated data.
Session cookies only last for the duration of your visit and are deleted when you close your browser. These support basic functionality such as navigating from page to page and supporting website security. They contain no personal information that can be used to identify you. Persistent cookies last beyond your session to ensure that you have a better experience when you return to the site. These cookies also allow a Company to understand how visitors arrive at the Website.
Third party cookies are cookies used by websites such as YouTube and Google Analytics when accessed on our Website to improve the functionality of the site. They do not collect, store, use or share your Personal Information and cannot be used to identify you.
HOW IS YOUR PERSONAL INFORMATION USED?
1. We use your Personal Information to administer your account and fulfil your order requirements.
2. We may use Personal Information collected about you to let you know about functionality changes to our web site or changes to our Terms and Conditions of use.
3. We use the information for statistical purposes to help us to administer, to develop the design and layout of our Website to ensure that our sites are as useful and enjoyable as possible.
4. Sometimes we or our affiliated companies might use the Personal Information collected about you to let you know about new goods, services or offers that you might find interesting.
5. We will not use Personal Information that is known to be inaccurate.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
UNSUBSCRIBE FROM NEWS UPDATES
We may use your details to keep you up to date with information on our new products, services and special offers. If you do not want to receive marketing information from us, then you can unsubscribe at any time by either:
1. contacting us directly via the unsubscribe facility included in communications that may be sent to you; or
2. contacting us by telephone on 01673 895130 or by email to firstname.lastname@example.org.
Unless it is necessary to fulfil your order (including for the delivery of goods and services you have ordered by third parties), we will not provide your personal information (i.e. information you supply that identifies you) to any third party without your consent, or unless we are required to do so by law. Ways in which we might use your information to fulfil your order may include passing it on to employees to administer any accounts, products and services and passing it on to a technical partner to carry out processing of your order on our behalf for example a professional courier partner.
HOW DO WE PROTECT YOUR INFORMATION?
1. We have strict security procedures covering the storage and disclosure of your information in order to prevent unauthorised access and to comply with the Data Protection Act 1998. This means that sometimes we may ask you for proof of identity before disclosing any personal information to you.
2. We do offer the facility to order goods through the Website. All orders will be processed via a secure server.
We may provide aggregate statistics about our sales, customers, traffic patterns and other site information to third parties, but these statistics will not include any information that could personally identify you.
We reserve the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its users.
OUR CONTACT DETAILS FOR RETURNS AND CANCELLATIONS
For all correspondence and returns by post or courier, please use the CONTACT US Page.
RIGHTS OF CANCELLATION
All users of our website are protected by the UK Consumer Contracts Regulations. This means you can change your mind and cancel an order, without a reason, even after your order has been delivered. You may cancel an order at any time up to the end of 14 calendar days after you receive the Goods. To exercise your right of cancellation, you must give written notice to the Company by hand, post or email to our business address giving details of the goods ordered, the reason for return, the original invoice number and (where appropriate) their delivery date. We are not obliged to accept cancellation for Special Order items which have been specifically ordered by or on the Purchaser's behalf and manufactured to the Purchaser’s requirements. If you exercise your right of cancellation after the Goods have been delivered to you, you will be responsible for returning the Goods to the Company at your own cost (this will be refunded if the goods are damaged or faulty) within 14 days of cancellation via Recorded Delivery or obtaining a Certificate of Posting.
1. In the event of any need to return Goods, approval must be obtained from the Company by contacting the Sales Department or via our Website for tracking reference purposes. A copy of this approval must be clearly marked on an accompanying returns note or contained within the return packaging.
2. Goods must be unused, as new, in saleable condition and returned in original condition and with the original packaging. We do not accept liquid solutions that have been partly used. We cannot accept returned goods which do not meet these requirements
3. The Goods must be returned to the Sales Department at the address shown on the CONTACT US page. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
4. Once you have notified the Company that you are cancelling the Contract and the goods have been delivered back to us within 30 days, the Company will refund or re-credit you within 14 days of receipt for any sum that has been paid by you.
5. We reserve the right to withhold a percentage of the refund value of returned goods if the product or packaging is in such a condition that the item needs to be reduced in price for resale.
6. If returned Goods are damaged in return transit or damaged by yourself, we are not obliged to recredit you with any costs.
7. The Company will not be responsible for delays in processing or crediting returns which are not marked with the order reference and returns approval for tracking purposes, neither will the Company be under any liability whatsoever for any Goods returned without prior consent. Returns must be accompanied by written details giving your name and address, date of purchase, order number, original invoice number, returns approval and reason for return and include the original packaging and original invoice and delivery note.
8. You must not return goods using "return to sender" as we are not able to guarantee how long it will take or whether the goods will reach us using this method.
Please Check your goods immediately upon receipt
All packages, particularly those containing Sprayers and accessories should be checked to ensure that contents are complete as soon as possible on arrival and any missing or damaged parts or components must be notified to us within 48 hours otherwise replacement parts will be subject to normal charges.
In accordance with the Sale of Goods Act, We endeavour to ensure that all goods purchased are of satisfactory quality, are fit for purpose and match any description given. If this is not the case, we offer a repair, a replacement or a refund. You do not have these rights if:
1. There is nothing wrong with the goods unless you are exercising your Cancellation Rights.
2. The goods were examined prior to purchase and were bought "as seen".
3. We informed you of the fault prior to purchase.
4. You have damaged the goods yourself.
5. The fault is due to normal wear and tear.
6. The goods have lasted for as long as can be reasonably expected.
7. The goods have not been used in accordance with our instructions.
8. The goods have been subject to misuse.
9. You have tried to rectify the fault or have changed the goods yourself in any way.
10. You have kept the goods too long before informing Us.
As soon as the fault is recognised, You must inform Us immediately. If the goods have been purchased by someone else or for you as a gift, the person who bought the goods should inform us with the order reference number. The name of the person who is making the complaint should be written on the invoice or delivery note. You may inform us directly if the person who bought them informed us at the time of purchase that they would be for You.
You must inform us within 6 years of purchase of any fault with the goods. We may ask for evidence of the fault which can be given by photograph. After 6 months of purchase, you must prove to us that there was something wrong with the goods at the time of purchase. If goods are received damaged, the Customer must inspect the goods on receipt, if possible make a note in writing on the delivery note of the courier and inform us within 48 hours. You must contact us giving details of the goods ordered, the reason for return, the original invoice number and (where appropriate) the delivery date.
Depending on the circumstances of the fault, we, the Company, will offer a refund including carriage costs, a partial refund to allow for the use when not faulty, an exchange, a repair or will allow you to keep the goods with a partial refund to allow for the fault. If a partial refund has been given, no further refund will be given for any subsequent fault that occurs that was not present at the time of purchase.
The item should be returned to us at your own expense, (this will be refunded if the goods are damaged or faulty) via Recorded Delivery or obtaining a Certificate of Posting.
1. The Purchaser shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of return.
2. A returns approval must be obtained from the Company by contacting the Sales Department. The approval must be clearly marked on an accompanying returns note.
3. If faulty on receipt, goods must be unused, returned in the original condition as received and with the original packaging. If the original packaging is damaged, you are to arrange further and suitable packaging. We cannot accept returned goods which do not meet these requirements.
4. The Goods must be returned to the Sales Department at the address shown in the Contact Details above. You must take reasonable care to ensure the goods are not damaged further in the meantime or in transit.
5. Once you have notified the Company that you are cancelling the Contract and returned the goods to us, the Company will refund or re-credit you within 14 days of receipt for any sum that has been paid by you including carriage charges. A partial refund may be offered to allow for the use of the goods when not faulty. Alternatively, you can request a repair or an exchange of goods. A repair or exchange is at the discretion of the Company. If you do not return the Goods as required, the Company cannot make a refund or exchange the goods and may have to charge you a sum not exceeding the direct costs of recovering the goods.
6. The Company will not be responsible for delays in processing or crediting returns which are not marked with our returns authorisation number, neither will the Company be under any liability whatsoever for any Goods returned without prior consent. Returns must be accompanied by written details giving your name and address, date of purchase, order number, original invoice number, returns authorisation number and reason for return and include the original packaging and original invoice and delivery note.
7. We will not be liable for any loss or damage caused by the courier.
8. You must not return goods using "return to sender" as we are not able to guarantee how long it will take or whether the goods will reach us using this method.
NON-ARRIVAL OF GOODS
Under normal circumstances, your goods will be dispatched within 1-2 working days following the day on which the order was placed. If your goods have not arrived within 9 days of order and you have not been notified of any reason for the delay, then we ask that you must contact us, so that we can address the issue with our couriers and make alternative delivery arrangements if necessary.
YOUR STATUTORY RIGHTS
Our Cancellation and Returns policy does not affect your statutory rights as a consumer.