Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain nothing that you are not happy with.
- These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Soil Check Ltd a company registered in England and Wales under number 13422703 whose registered office is at 61 Bridge Street, Kington, HR5 3DJ with email address email@example.com; (the Supplier or us or we).
- These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Customer's premises or other location where the Goods are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- Website means our website www.soil-check.com on which the Goods are advertised.
- The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for indicative purposes.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
- The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation is valid for the duration of your visit to our website. Prices will vary over time and special offers may be available and/ or withdrawn at any time.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Price and Payment
- The price of the Goods and any additional delivery or other charges that are set out on the Website at the date of the Order.
- If Prices and charges include VAT at the rate applicable at the time of the Order this will be made clear during the order process.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
- We will deliver the Goods to the Delivery Location (address entered by the Customer) by the time or within the agreed period.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- sampling materials have not been delivered; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract unless you have sampled and dispatched your sample to the lab at which point no refund can be offered (even if within 14 days of purchase).
- You are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods unless you have sampled and dispatched your sample to the lab at which point no refund can be offered. If the Goods have been delivered to you, you may dispose of the empty jars and other containers at no cost. Postage cannot be refunded, only the fee for analysis not undertaken.
- Once your sample has been dispatched to the laboratory, cancellation will not be possible as analysis will have been instructed.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you, however, it is recognised that the sampling materials can be replaced at no additional cost on one occasion with no additional charge.
Withdrawal, Returns and Cancellation
- You can withdraw the Order by telling us before the sample is dispatched to the laboratory via the postal system, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
- goods that are made to your specifications or are clearly personalised;
- goods which are liable to deteriorate or expire rapidly.
- Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
- in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to Cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason except when your sample has been dispatched to the laboratory (put in the mail by you or has been picked up as organised by you).
- The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be up to 14 days after the first delivery, except when the sample has been taken and dispatched to the laboratory. No refund will be possible within 14 days if postage has occurred to the lab as instruction to the third party laboratory will have been provided and no refund possible.
- To exercise the right to cancel, you decision will need to obtain a refund based on your order number via email to firstname.lastname@example.org within 14 days (unless samples have been dispatched to be laboratory).
- You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website www.soil-check.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation in the Cancellation Period
- Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Timing of Reimbursement
- We will make the reimbursement using the same means of payment as you used for the initial transaction.
- There are no goods to return. Any unused sampling jars and cardboard packaging are benign and suitable for recycling or disposal.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
Circumstances beyond control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
- 'GDPR' means the UK General Data Protection Regulation.
- 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing Goods to you.
- Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Soil Check Report Limitations
- The responsibility for the samples representative nature (i.e. the samples sent are representative of the material in the garden) lies with the customer and/ or the sampler (customer) if not the same.
- Sample procedures shown in the information provided by Soil Check are general best practice, however, assessment of the suitability and sample numbers lies with the customer.
- The contaminants assessed and listed on the laboratory certificate are those that commonly are considered to pose risk in soils. Considerable quantities of other contaminants are potentially prevalent in the wider environment and the customer should satisfy their own interest regarding other potential contaminants that may be present in the area sampled. Soil Check has undertaken no background check of the site history of the property where the soil sample was taken from and cannot make comment for the potential of additional contaminants which potentially could be present and have not been tested for.
- The data provided is indicative of the conditions present at the location tested and is provided for the customers interest. As this is a self-test system the results likely unsuitable for legal proceedings against a third party regarding the condition of soil in any context including but not limited to the sale and/ or purchase of a property or other contractual situation. An independent third party sampler and reporting would likely be required to undertake such proceedings.
- Sampling will in most cases be representative of a discrete area and/ or soil type. On this basis single and indeed multiple samples may not represent all conditions present within one sample area and/ or garden. Guidance provided is intended to provide reasonable best coverage in general circumstances.
- Soil Checks assessment of results, against the adopted criteria, are a pass or fail for levels of contamination against modern development standards. There is no legal requirement to comply with the numbers and the use of the findings of any Soil Check letter report should be treated entirely as indicative.
- The customer has sampled, stored and sent the soil samples as set out in the guidance provided. Samples not taken, stored and sent as per best practice THAT WAS LISTED IN THE INFORMATION PROVIDED will potentially have deviated and not provide accredited results by the laboratory. These results are still indicative but will not be accredited results in accordance with the laboratory's procedures.
- The generic assessment criteria used to determine exceedance levels and thresholds are generated by third parties and are commercially available. These criteria will alter over time as the models to generate these values evolve and therefore results that are acceptable or not acceptable currently may change later altering the outcome of the reported findings.
- Reference to 'measured response' in Soil Check reports is for the customer to determine if the results are a risk in their circumstance. Contaminant exceedances quoted are based on generic values based on reasonable worst case scenarios. An exceedance of any value may pose no significant risk or a significant risk depending on the level (the contaminant(s)) exceeded by and other factors. If the customer or their agent is not comfortable making such a measured response they should seek professional third party assistance and/ or treat any exceedance of a contaminant as potentially significant.
Governing Law, Jurisdiction and Complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints in the following way: "If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days, however, please note this is a factual service with comparison of your results against adopted numbers. These numbers are either greater or smaller than the adopted figures. Soil Check Ltd cannot control your sampling nor the laboratory results.".
- The basis for these terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en). Changes have been made by Soil Check, particularly ‘Soil Check Report Limitations’