ABA Groundcare - Terms & Conditions
These Terms and Conditions apply to your use of the ABA Groundcare website and every order placed with abagroundcare.co.uk. We’re passionate about our customers and making sure that you’re happy and so the following sets out the terms and conditions that apply to your order in what we hope is a straight-forward and customer friendly way.
Information About Us and How To Contact Us
abagroundcare.co.uk is operated by ABA Groundcare (SW) Ltd, a company registered in England and Wales. Our company registration number is 15014412 and our registered office is at:
Unit 2, Grove Trading Estate, Dorchester, Dorset DT1 1ST.
If you have any questions, please do not hesitate to contact us. If you want to check something, change something, ask a question, we have a team of people waiting to take your call on 01305 257952.
Alternatively, you can email us on firstname.lastname@example.org or write to us at the address given above.
Our Contract With You
When you place an order, you are offering to buy the product(s) from us and we will send you an order acknowledgement. However, your order will only be accepted by us once your product(s) have been delivered to you. Until then we can decline to supply the goods – we will try to ensure that this never happens but we do, however, reserve the right not to fulfil your order for any reason if, for example, we have made an error on the price or similar or we simply can’t get hold of the item you need. In the event of these circumstances we will refund you any price you’ve paid to us. We reserve the right not to accept an order for any reason and we won’t be liable to you or anyone else in these circumstances.
We try to display the availability of our products as accurately as possible on the website. Where we display the earliest available delivery day prior to the checkout, postcode restrictions may apply. For the most accurate delivery date to your home, you can enter your postcode when you’re in the checkout.
We deliver many products a week and so we have to rely on a computer system for our stock control. Computers are better than people at this stuff on a big scale but even they occasionally get it wrong. If we get this wrong, we will tell you as soon as we know and we will try to sort it out for you.
We try to specify accurate dimensions for every product listed on hayesmachinery.co.uk. However, please be aware that the product dimensions do not include any protruding features such as controls and handles etc and product dimensions represent the casing of the product only. Whilst we try to be as accurate as possible, all sizes, weights and measurements quoted on the website are approximate only. Similarly, we’ve made every effort to display all product colours accurately. However, we can’t guarantee that the image displayed on your monitor will accurately reflect the true colour of the product delivered to you. Please also be aware that colours may differ between manufacturers. Whilst every effort has been made to ensure that product specifications are correct on the website, due to continual product development through research & design, specifications may change without notice.
When you purchase a new machine from us it is not just the sale that is important to us but also looking after you long after the sale has taken place. When you purchase a new machine from Hayes Machinery you will receive the following:
• Access to instructional videos (our library is growing all the time)
• Contact information for our aftercare department.
• An account login to view ‘how-to’ videos and best practice tutorials.
• Monthly emails with product suggestions.
• Annual service reminders to make sure you keep up to date for your machines warranty schedule.
• Warranty support, if you find you have an issue with your machine or something breaks, we will be here to advise on how this will be rectified.
• If you’re located within driving distance of our any of our depots, you will have the option to drop your machinery in for servicing. Similarly, we’ve made every effort to help all our customers, so if you are located beyond our local radius, we will recommend a 3rd party machinery workshop near you.
Any customer reviews of the products we sell are the opinions of our customers and do not form part of the specification or description of the product. We shall not be liable if any of the information contained in a customer review proves inaccurate.
You acknowledge and agree that:
The copyright in the photos, videos, data and text used on our website belongs to us or our suppliers and the general look and feel and format of our website belongs to us. You are permitted to use this material only as expressly authorised by us or our suppliers.
We are entitled to change or amend our website without giving you notice (but the terms and conditions applicable when you placed your order will continue to apply to those products).
All the prices we display include VAT and exclude delivery and other services such as installation, unless stated specifically on the website. You can see further information on our delivery and other services here.
From time to time we may offer products at sale or promotional prices. Any such offers will apply to selected products and will be subject to availability. Delivery charges, conditions and geographical exclusions may apply. Please refer to individual product pages for pricing. We may also offer delivery and services (including installation) at a reduced rate as part of a promotion. This is subject to availability and can be withdrawn at Hayes Machinery discretion. For example, a promotion offering Free Next Day delivery is only valid whilst we have the capacity to offer Next Day Delivery. This is capped at 1pm in some parts of the UK. Some of our products are not held in stock in our warehouse, and are held by our partners or ordered from manufacturers. These products may not be eligible for any delivery promotions. You’ll be able to see the next available delivery date on each product page on our website.
You can pay with the following credit/debit card – Maestro, Delta, MasterCard or Visa card and we do all we can to ensure your details are secure. If there are any problems with receiving payment, we’ll let you know. We also accept BACS payment where it has been organised and cash payments where the customer is physically on our premises. WE DO NOT ACCEPT CHEQUES. Cleared payment is required for all products prior to deliver or installation whether on our own transport or carried via a courier.
From time to time we’ll offer discount codes on selected products. Discount codes will be available for limited time with eligible dates clearly visible. They’re also subject to availability and can be withdrawn at any time. Discount codes can only be redeemed on Hayesmachiney.co.uk and you can only use one discount code per order. If you are returning part of an order that’s had a discount code applied, your refund will be for the full amount minus the discount applied.
Unique Discount Codes
Unique codes are a little different from our normal discount codes but everything mentioned above still applies. Your unique discount code has been generated especially for you and can only be used once. When you’re ready to redeem your offer, simply copy and paste it into the discount code box. You’ll find this on the basket page when placing your order. This code can only be redeemed online, and isn’t valid for orders placed over the phone.
From time to time we may also send you promotional offers and details, including when you first register for My Account. Your discount code will have an expiry date and won’t be valid for use after that date. This is a promotional offer and can be withdrawn at any time.
We offer delivery to the UK. Your delivery will normally be made through Fedex/TNT. Please note that delivery times are estimated. For smaller items we will sometimes use Royal Mail. Please note that deliveries coming from different warehouses may not be delivered together. Click and Collect is not home delivery and your product will be delivered to one of our depots, at point of order. There are some postcode limitations with the Click and Collect service, you can check postcode availability in the basket.
The products we deliver are often big and heavy items to lift, so there will be certain occasions when we may be unable to get it onto your property. Narrow access, small gates, lots of steps and restricted parking are all things that may hinder our ability to deliver; it is your responsibility to ensure access to your property. In situations where we cannot gain access, we may be able to offer delivery to the nearest point possible i.e. your garage or a neighbour’s property with your permission.
Bladed items, including chainsaws, grass trimmers, hedge trimmers, multi tools and saws, can only be purchased if you are 18 years of age or over. If you are underage please do not attempt to order or purchase these products. We reserve the right not to supply any age restricted products where we reasonably believe that you are below the relevant legal age.
Occasionally something will happen out of our control that closes roads, like floods, snow or other adverse weather conditions or things like, sporting events which result in closed roads. In this event we’ll contact you as soon as possible to arrange alternative delivery options. We will do what we can, but can’t be held liable if we can’t fulfil delivery due to reasons beyond our control.
Unfortunately, on the rare occasions where a delivery is unsuccessful, we’re not liable for costs incurred.
Pre-Ordering a Product
-Pre-order terms apply alongside and in addition to our terms and conditions of sale.
-A pre-order product is a product that has not yet been released. By pre-ordering, you are paying for and reserving yourself a product for launch day.
-Payment for your pre-order is taken when you place the order.
-Where possible, a pre-released order will be shipped to you so that you may receive it on the release date. When you get to the checkout, you will be able to select a delivery date that suits you, starting from the day of release. Release dates are set by the manufacturers and are subject to change. We are not liable for any changes to a pre-release date that has been advertised by us.
-Normal refund rules apply to pre-order products.
-Pre-order products are subject to availability.
If you’re not happy with your product or you’ve simply changed your mind, you’ll need to let us know within 14 days of delivery to receive a refund. We’re happy for you to unpack the product and have a proper look at it. However, if you have used the product, we may not be able to sell it to someone else. This means that where the value of the product is reduced by your use, we will only make a partial refund, or charge you for the reduction in value. If you have not used the product and it is returned to us in the original packaging, you will receive a full refund. Your refund will be made within 14 days of collection.
To cancel a product and request collection please call 01305 257952.
For more information, please view our returns page.
If Products are Faulty
If you’re reading this section, we’re sorry. We work closely with our manufacturers to sell quality products, but sometimes things do go wrong.
Please view our returns page for more information.
Things Beyond Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control. Such events include any act, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
Strikes, lock-outs or other industrial action; or civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster or adverse weather; or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or impossibility of the use of public or private telecommunications networks.
Due to the Covid-19 pandemic we may experience delays in our services directly and indirectly from our third party suppliers. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control.
Our obligations under these terms are suspended for the period that such event continues and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the event to a close or to find a solution by which our obligations under these terms can be performed despite the event.
Our Liability To You
Here at Hayes Machinery, we strive to deliver a great service to every customer. We also like to be honest and fair in all we do, so we acknowledge that sometimes mistakes happen. If a circumstance arises where we are accountable for a mistake, we want to ensure that we take full responsibility.
If, during the installation process our team causes any accidental damage, we will repair this damage. However, we cannot repair any pre-existing faults or damage discovered during the installation process.
-We are not liable for any loss of profit, loss of business, business interruption or business opportunity.
We do not exclude liability for the following heads of loss:
-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.
-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.
-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.
-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.
-Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.
-Fraud or fraudulent misrepresentation.
-Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).-Breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples).
-Defective products under the Consumer Protection Act 1987.
How We May Use Your Personal Information
We will use the personal information you provide to us to:
Supply and deliver the products you order. Process your payment for such products. Inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
You agree that we may pass your personal information to our delivery agents or credit reference/fraud preventions agencies and that they may keep a record of any search that they do. We will not give your personal data to any other third party without your consent.
Telephone calls may be recorded for training and monitoring purposes.
If you attempt to make payment but there is an error or delay in processing, we may use this information submitted to contact you to complete your order.
The contract made between us and your rights and obligations shall be governed by English law and any disputes arising under it shall be heard in the English courts.
If you have a complaint about abagroundcare.co.uk you can contact us as follows:
By writing us a letter:
Unit 2, Grove Trading Est, Dorchester, Dorset DT1 1ST
By calling us on 01305 257952
By emailing us on email@example.com and we’ll get back to you within 48 hours.
If you are not satisfied with the outcome of your complaint, you are also entitled to pursue alternative dispute resolution by referring your complaint to The Retail ADR, a certified Alternative Dispute Resolution Provider whose purpose is to resolve disputes between consumers and traders without having to go to court.
The contact details for The Retail ADR are as follows:
The Retail ADR,
33 floor Euston Towers,
286 Euston Road,
Telephone number: 020 3540 8063
Email address: firstname.lastname@example.org
You may also be eligible to lodge your complaint to EU Online Dispute Resolution platform – www.ec.europa.eu/consumers/odr.