1. These Terms

1.1 What these terms cover

These are the terms and conditions on which we supply products to you.

1.2 Why you should read them

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

1.3 Are you a business customer or a consumer?

In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual and you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.4 If you are a business customer

These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

2. Information About Us and How to Contact Us

2.1 Who we are

We are EG Agri Limited trading as All Agri a company registered in England and Wales. Our company registration number is 04729863 and our registered office is at 45 Second Avenue, Pensnett Trading Estate, Kingswinford, West Midlands, England, DY6 7UY. Our registered VAT number is 670 3097 41.

2.2 How to contact us

You can contact us by emailing us at hello@allagri.co.uk or through our live chat function on our website.

2.3 How we may contact you

If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.

2.4 “Writing” includes emails

When we use the words “writing” or “written” in these terms, this includes emails.

3. Our Contract With You

3.1 How we will accept your order

Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order

If we are unable to accept your order, we will inform you of this and will not charge you for the product(s). This might be because a product you have ordered is out of stock, because a required certification for supply/use of a particular product has not been provided or is not valid, because of issues taking payment via the payment gateway we use, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of a product you have ordered.

3.3 Your order number

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

4. Products

4.1 Our website states clearly

That some of our products are suitable for professional use only. It is your responsibility to ensure that the products are utilised in accordance with the relevant instructions which are supplied with the products and stated on our website. You must ensure that the products are at all times handled in a safe manner by competent persons.

4.2 Products may vary slightly from their pictures

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the items accurately. Your product may vary slightly from those images.

4.3 Product packaging may vary

The packaging of products may vary from that shown in images on our website.

5. Your Rights to Make Changes

If you wish to make a change to the product(s) you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product(s), the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

5.1 Our Rights to Make Changes
5.2 Minor changes to the products

We may change a product:

5.2.1 to reflect changes in relevant laws and regulatory requirements; and

5.2.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

6. Providing the Products

6.1 Delivery

Our nominated courier will deliver the products on our behalf. Standard deliveries take place between 09:00 – 17:30 Monday to Friday. All deliveries of palletised items and hazardous items must be signed for upon receipt by a person over the age of 18.

6.2 Delivery costs

The costs of delivery will be as displayed to you on our website. The costs of delivery will depend upon the delivery option you select, the delivery location and the nature of the product(s) ordered.

6.3 When we will provide the products

During the order process the delivery options applicable to your order will be displayed to you. For next day delivery on qualifying and in stock products, your order must be placed via our website by 1pm Monday to Thursday. Orders placed on Fridays, on weekends and on bank holidays will not qualify for next day delivery. For some products, you may be able to select next day delivery before 10:30 (this delivery option is generally only available in respect of non-palletised and hazardous chemical consignments).

6.4 We are not responsible for delays outside our reasonable control

If our supply of the products is delayed by an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.5 Failed delivery attempt

If no one is available at the delivery address you have given to take delivery and the products cannot be posted through your letterbox or, if this applies to the products you have ordered, a person over the age of 18 is not present to sign for the products, our courier will leave you a note informing you of how to re-arrange delivery or collect the products from a delivery depot.

6.6 If you do not re-arrange delivery

If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we (or our courier) will contact you for further instructions and we may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we (or our courier) are unable to contact you or re-arrange delivery or collection we may end the contract and clause 13.2 will apply.

6.7 When you become responsible for the products

A product will be your responsibility from the time we deliver it to the address you gave us or you or a carrier organised by you collect it from a delivery depot.

6.8 When you own products

You own a product once we have received payment in full.

6.9 What will happen if you do not give required information to us

We may need certain information from you so that we can supply the products to you, for example, a certificate of competence must be provided before we can supply certain products to you. If so, this will have been stated in the description of the products on our website. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 13.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7. If There Is a Problem With a Product

How to tell us about problems. If you have any questions or complaints about a product, please contact us via the live chat function on our website or by email at hello@allagri.co.uk.

8. Your Rights to End the Contract

8.1 Tell us you want to end the contract

To end the contract with us, please let us know by doing one of the following:
8.1.1 Email. Email us at hello@allagri.co.uk. Please provide your name, address, details of the order and, where available, your phone number and email address.
8.1.2 Online. Complete the form on our website here.

8.2 Your rights when you end the contract

Will depend on whether there is anything wrong with what you have bought, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
8.2.1 If what you have bought is faulty, defective or misdescribed you may have a legal right to end the contract (or to get a product repaired or replaced or to get some or all of your money back) – see clause 9 if you are a consumer and clause 10 if you are a business;
8.2.2 If you want to end the contract because of something we have done or have told you we are going to do – see clause 11;
8.2.3 If you are a consumer and have just changed your mind about a product – see clause 12. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products.

9. Defective Products – If You Are a Consumer.

If you are a consumer we are under a legal duty to supply products that are in conformity with the contract we have entered into with you. If you think that what you have bought is faulty, defective or misdescribed please contact us to let us know in accordance with clause 8.1 within 30 days of delivery or collection (as the case may be). If we agree that the product is faulty, defective or misdescribed we will repair or replace the product, or refund the price of the product in full. We may require you to return the product to us (see clause 14) and/or to provide us with photographs of the product.

10. Defective Products – If You Are a Business

10.1 If you are a business customer

We warrant that on delivery the products will:
10.1.1 conform in all material respects with their description;
10.1.2 be free from material defects in design, material and workmanship; and
10.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

10.2 Subject to clause 10.3, if:

10.2.1 you give us notice in accordance with clause 8.1 within 14 days of delivery or collection (as the case may be) (but within 48 hours of delivery or collection (as the case may be) in respect of defects apparent on visual inspection) that a product does not comply with the warranty set out in clause 10.1;
10.2.2 we are given a reasonable opportunity of examining such product and/or you supply us with photographs of the alleged defect upon request; and
10.2.3 you return such product to us if requested in the original packaging with a completed returns slip,
we will, at our option, repair or replace a product we agree is defective, or refund the price of the defective product in full.

10.3 We will not be liable

For a product’s failure to comply with the warranty in clause 10.1 if:
10.3.1 you make any further use of such product after giving a notice in accordance with clause 10.2.1;
10.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product(s) or (if there are none) good trade practice;
10.3.3 you alter or repair the product(s) without our written consent; or
10.3.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

10.4 Except as provided in this clause 10

We will have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 10.1.

10.5 These terms will apply

To any repaired or replacement products supplied by us under clause 10.2.

11. Ending the contract because of something we have done or are going to do

If you are ending a contract for a reason set out at 11.1 to 11.4 (below) the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

11.1 We have told you about an upcoming change to a product or these terms which you do not agree to;
11.2 We have told you about an error in the price or description of a product you have ordered and you do not wish to proceed;
11.3 There is a risk that supply of the products may be significantly delayed because of events outside our reasonable control; or
11.4 you have a legal right to end the contract because of something we have done wrong.

12. Exercising Your Right To Change Your Mind If You Are A Consumer (Consumer Contracts Regulations 2013)

2.1 If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These terms do not affect your statutory rights. If you are a consumer exercising your right to change your mind you must return the product(s) to us within 14 days of telling us you wish to end the contract – see clause 14 for further information. You must pay the costs of return. We may make deductions from any refund due to you in accordance with clause 15.2.
12.2 When consumers do not have a right to change their minds

Your right as a consumer to change your mind does not apply in respect of:
12.2.1 products sealed for health protection or hygiene purposes (such as certain items of personal protective equipment), once these have been unsealed after you receive them;
12.2.2 personalised or bespoke items; and
12.2.3 any products which become mixed inseparably with other items after their delivery.

12.3 How long do consumers have to change their minds?

If you are a consumer you have 14 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.

13. Our Rights to End the Contract

13.1 We may end the contract if you break it

We may end the contract at any time by writing to you if:
13.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
13.1.2 you do not, within a reasonable time, allow us to deliver the products to you.

13.2 You must compensate us if you break the contract

If we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

14. Returning Products After Ending The Contract

14.1 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us (unless we notify you otherwise in writing). You must either post them back to us at All Agri, Unit A1, Cadbury Business Park, Sparkford, Nr Yeovil, Somerset, BA22 7LH. Please contact us using the details at clause 7 to ask for a return label.
14.2 When we will pay the costs of return

We will pay the costs of return:
14.2.1 if we agree the products are faulty, defective or misdescribed; or
14.2.2 if you are ending the contract because we have told you of an upcoming change to a product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

15. Refunds And Deductions From Refunds

15.1 How we will refund you

If you are entitled to a refund under these terms we will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.

15.2 When we may make deduction from refunds if you are a consumer exercising your right to change your mind

If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

15.3 When your refund will be made

We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the product(s) back to us.

16. Manufacturer’s Guarantee

The majority of the products we sell to you come with a manufacturer’s guarantee. We will use our reasonable endeavours to transfer the benefit of any such guarantee to you. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the products.

17. Price and Payment

17.1 Where to find the price for the product

The price of the products will be the price indicated on the order pages when you placed your order. VAT and shipping costs will be itemised separately to the product price at checkout. We take all reasonable care to ensure that the price of the products advised to you is correct. However please see clause 17.3 for what happens if we discover an error in the price of a product you have ordered.

17.2 We will pass on changes in the rate of VAT

If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product(s) in full before the change in the rate of VAT takes effect.

17.3 What happens if we got the price wrong

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

17.4 When you must pay and how you must pay

We accept payment by credit or debit card. You must pay for the products at the time you place your order.

17.5 Our right of set-off if you are a business customer

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

18. Our Responsibility for Loss or Damage Suffered By You If You Are a Consumer

18.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

18.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.

18.3 We are not liable for business losses

If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 19.

19. Our Responsibility for Loss or Damage Suffered By You If You Are a Business

19.1 Nothing in these terms will limit or exclude our liability for:
19.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
19.1.2 fraud or fraudulent misrepresentation;Mbr/>
19.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
19.1.4 any matter in respect of which it would be unlawful for us to exclude or restrict liability.

19.2 Except to the extent expressly stated in clause 10.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

19.3 Subject to clause 19.1:

19.3.1 we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
19.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total sums paid by you for products under such contract.

19.4 All information detailed in or on containers, bottles and packaging are intended to be and may be construed only as of a generally informative nature and will not be deemed to import any warranty as to the quality of the products.
19.5 Any advice or recommendations given by us or our employees or agents relating to the suitability of the products is supplied in good faith but you must satisfy yourself that the products are suitable for the intended purpose.
19.6 The products we supply may under certain circumstances give rise to health and safety risks.

Technical literature relating to the products supplied by us giving information on toxological, fire or handling hazards is available for download from our website and it is strongly advised that you review this documentation. We will be under no liability whatsoever for any action taken or refrained by you in relation to such information.

19.7 It is your responsibility to check that the products delivered match the products ordered before putting such products to use.

We will not be responsible for any liabilities, costs, expenses, damages or losses incurred by you if you do not check the products in this way. In the event of an inconsistency between the products (as ordered) and the products actually delivered (e.g. the wrong products are delivered), you will notify us immediately on discovery and we will contact you to arrange re-delivery of the products as soon as reasonably practicable following notification of the inconsistency. The incorrect products will be returned to us at our cost and you will co-operate with us in this respect.

20. Offers and discounts

20.1 On occasion, we offer our customers certain offers and discounts. Details of these may be shown on our website. Occasionally, we may send you personalised offers and discounts by email.

20.2 We reserve the right to amend or withdraw any of our offers and discounts at any time at our discretion.

21. How We May Use Your Personal Information

We will only use your personal information as set out in our privacy policy which can be found here.

22. Other Important Terms

22.1 We may transfer this Agreement to someone else.

We may transfer our rights and obligations under these terms to another organisation.

22.2 You need our consent to transfer your rights to someone else.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

22.3 Nobody else has any rights under this contract.

This contract is between you and us. No other person will have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

22.4 If a court finds part of this contract illegal, the rest will continue in force.

Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

22.5 Even if we delay in enforcing this contract, we can still enforce it later.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

22.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer.

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

22.7 Alternative dispute resolution if you are a consumer.

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 a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Please contact us for further details. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

22.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business.

If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales will have exclusive jurisdiction to settle any such dispute or claim.