Terms & Conditions

1.1

These terms and conditions govern the sale and purchase of products through our website.
For hire enquiries, please contact us or refer to the Construction Plant-hire Association (CPA) Terms & Conditions.

2.1

In these terms and conditions:

(a) “we” refers to MultiMatts Ltd; and

(b) “you” means our customer or prospective customer.

And “us,” “our,” and “your” shall be construed accordingly.

3.1

The advertising of products on our website is an “invitation to treat” and does not constitute a contractual offer.

3.2

No contract will be formed between you and us unless and until we accept your order in accordance with the procedure outlined in Section 3.

3.3

To enter into a contract through our website to purchase products from us, the following steps must be taken:
You must add the products you wish to purchase to your shopping basket, and then proceed to the checkout;
if you are a new customer, you can create an account with us and log in or checkout as a guest;
if you are an existing customer with a registered online profile, you must enter your login details.

You must then enter your billing and delivery address details and confirm your order and your consent to the terms of this document;
if you have selected to pay via debit/credit card, you will be asked to enter your card details.

If you have selected to pay by purchase order/bank transfer, you will be able to confirm your order online and it will be processed pending payment.

If you have selected to pay by other means, like PayPal, you will be transferred to their secure payment page. Once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

3.4

You will have the opportunity to review and correct any input errors on the “Order Review” page before finalising your order.

4.1

The following types of products are, or may be, available on our website from time to time: Temporary Access Mats, Ground Protection Products, Ground Stabilisation Products, Temporary Flooring, Heavy Duty Portable Trackway, and Road Safety Products.

4.2

We may periodically update the products available on our website and do not guarantee the continued availability of any specific product or product type.

5.1

Our prices are quoted on our website.

5.2

We may update the prices listed on our website from time to time; however, such changes will not affect any contracts that have already been finalised.

5.3

All amounts stated in these terms and conditions or on our website are exclusive of VAT.

5.5

In addition to the product price, a delivery charge may apply. This charge will be communicated to you before the contract of sale is finalised.

6.1

You are required to pay the prices of the products you order during the checkout process.

6.2

Payments can be made by credit/debit card, bank transfer, official purchase order (public sector only), or PayPal.

6.3

If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.4

If you make an unjustified chargeback on your credit or debit card, you will be liable to pay us within 7 days of receiving our written request.

(a) An amount equal to the value of the chargeback;

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c) An administration fee of £25.00 (including VAT); and

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

7.1

If we agree to open a business account for you, you will be able to pay in arrears, in accordance with the provisions of this Section 7.

7.2

If you hold an account with us, we will send you an invoice upon or after dispatch of the products. Payment for the invoice is due within 30 days from the invoice date.

7.3

Business accounts will be subject to credit limits, which we may update and notify you of from time to time.

7.4

If you do not pay to us any amount properly due under or in connection with these terms and conditions in full and on time, we may:

(a) charge you interest on the overdue amount at the rate of 8% per year above the Bank of England base rate (which interest will accrue daily until the date of payment and be compounded at the end of each calendar month); or

(b) claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998, without prejudice to our other legal rights or rights under these terms and conditions.

8.1

Our delivery policies and procedures are detailed in our Delivery Policy document.

9.1

This Section 9 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

9.2

You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a) beginning upon the submission of your offer; and

(b) ending at the end of 7 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 7 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).

9.3

In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

9.4

If you cancel a contract on the basis described in this Section 9, you must send the products back to us (to the address we specify) or hand them over to us or a person authorised by us to receive them.
You must comply with your obligations referred to in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract.
You must pay the direct cost of returning the products.

9.5

If you cancel an order in accordance with this Section 9, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:

(a) If you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and

(b) as otherwise provided in this Section 9.

9.6

If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us.

Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.

9.7

We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

9.8

Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 9 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back.
If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

9.9

You will not have any right to cancel a contract as described in this Section 9 insofar as the contract relates to:

(a) the supply of goods which are liable to deteriorate or expire rapidly;

(b) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;

(c) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you; or

(d) the supply of goods which are, or have been used for their intended use and are therfore deemed as secondhand and used goods.

10.1

The products you purchase will be at your risk once they are in your physical possession or that of a person you have designated to receive them.

10.2

Ownership of any product you purchase from us will transfer to you upon the later of:

(a) delivery of the product; and

(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).

10.3

Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.

10.4

If you are a business customer, ownership of the product will remain with us until it has been fully transferred to you.

(a) you must store the product separately from other goods; and

(b) you must ensure that the product is clearly identifiable as belonging to us.

11.1

You warrant and represent to us that:

(a) you are legally capable of entering into binding contracts;

(b) you have full authority, power and capacity to agree to these terms and conditions;

(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

11.2

We warrant to you that:

(a) we have the right to sell the products that you buy;

(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d) the products you buy will correspond to any description published on our website; and

(e) the products you buy will be of satisfactory quality.

11.3

All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.

12.1

Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

12.2

The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.4

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.5

We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.5 shall not apply.

12.6

We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.6 shall not apply.

12.7

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity;
you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13.1

We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a) you fail to pay, on time and in full, any amount due to us under that contract; or

(b) you commit any material breach of that contract.

13.2

You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.

13.3

If you are a business customer, we may cancel a contract under these terms and conditions by written notice to you if:

(a) you cease to trade;

(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;

(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;

(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or

(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.

13.4

We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

14.1

If a contract under these terms and conditions is cancelled in accordance with Section 13:

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 7.2, 7.4, 10, 12, 17, 18, 19, 20, 21 and 22 will survive termination and continue in effect indefinitely.

15.1

These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

15.1

These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

15.3

These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

16.1

We may update these terms and conditions periodically by publishing a revised version on our website.

16.1

Revisions to these terms and conditions will apply to contracts entered into after the revision date but will not affect contracts made prior to that date.

17.1

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

17.1

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

18.1

No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

18.2

No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

19.1

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

19.2

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20.1

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

20.2

The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

21.1

Subject to Section 12.1, these terms and conditions, together with our delivery policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

22.1

These terms and conditions shall be governed by and construed in accordance with English law.

22.2

Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

23.1

We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website.
We recommend that you consider saving a copy of these terms and conditions for future reference.

23.2

These terms and conditions are available in the English language only.

23.3

Our VAT number is 269313782.

24.1

This website is owned and operated by MultiMatts Ltd.

24.2

We are registered in England and Wales under registration number 10585601, and our registered office is at White House Farm, Begwary Lane, Begwary, Bedford, Bedfordshire, MK44 2NX, United Kingdom

24.3

Our principal place of business is at White House Farm, Begwary Lane, Begwary, Bedford, Bedfordshire, MK44 2NX, United Kingdom

24.4

You can contact us:

(a) by post, using the postal address given above;

(b) using our website contact form;

(c) by telephone, on the contact number published on our website from time to time; or

(d) by email, using the email address published on our website from time to time.