Terms and Conditions
Last updated: April 19th 2023
Please read these terms and conditions carefully before using Our Website.
Interpretation and Definitions
Interpretation
1.1. The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
1.2. Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
1.3. Bespoke means a non-standard, ‘off-the-shelf’ Good for example, but not limited to, a tank with a specialist invert level, a pre-installed neck extension, a pumped outlet system with a pre-installed neck extension.
1.4. Country refers to: England – these terms relate shall be governed by English Law and the parties shall submit to the sole jurisdiction of the English Courts.
1.5. TSTS (referred to as either “TSTS”, “We”, “Us” or “Our” in this Agreement) refers to The Septic Tank Store Ltd, Crofts Barn, Epwell, Banbury, OX15 6LR, a company registered in England and Wales whose registered office is at Crofts Barn Epwell Banbury Oxfordshire OX15 6LR and registered in England and Wales with company number 4140360. VAT Reg No. 768 3889 56.
1.6. Device means any device that can access the Website such as a computer, a mobile phone or a digital tablet.
1.7. Goods refer to the items offered for sale on the Website.
1.8. Normal Business Hours means the hours of 9.00am to 4.00pm on Working Days
1.9. Orders mean a request by You to purchase Goods from Us.
1.10. Tank refers to any Sewage Treatment Plant, Septic Tank, Holding Tank and Cesspool offered for sale on the Website.
1.11. Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and TSTS regarding the use of the Website.
1.12. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.
1.13. Website (referred to as either “Website” or “Site” in this Agreement) refers to The Septic Tank Store, accessible from theseptictankstore.co.uk
1.14. You means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.
Acknowledgment
2.1. These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and TSTS. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website.
2.2. Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.
2.3. By accessing or using the Website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website.
2.4. You represent that you are over the age of 18. TSTS does not permit those under 18 to use the Website.
2.5. Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of TSTS. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.
Placing Orders for Goods
3.1. By placing an Order for Goods through the Website, You warrant that You are legally capable of entering into binding contracts. We strongly recommend you check that You are ordering the appropriate Goods for your purpose. Returns can be costly and Bespoke Goods are non-returnable. Please see our Returns Policy for further information.
3.2. We only sell to the UK via this Website or email or telephone order.
3.3. Orders made via the Website are not processed at weekends or on UK bank holidays. Orders are not processed during TSTS Christmas shutdown, dates for which are advertised on the Website.
Your Information
3.4. If You wish to place an Order for Goods available on the Website, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
3.5. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
3.6. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Payments
3.7. All Goods purchased are subject to a one-time payment before Order acceptance. Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards or via bank transfer (BACS). Card payments are processed and secured by SagePay. We do not hold any credit/debit card details. They are held by third party payment providers.
3.8. Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by Your card issuer. If we do not receive the required authorisation, We will not be liable for any delay or non-delivery of Your Order.
Delivery
4.1. Delivery is free of charge (at the manufacturer’s discretion) to much of mainland U.K. Orders under £250 may be subject to a delivery charge.
4.2. Delivery charges may apply to areas of Scotland, Islands and Northern Ireland – contact us for up-to-date delivery charges for these areas.
4.3. Most tank Orders are dispatched directly from the manufacturer and there may be a lead time, which We will advise of. The delivery policy of the manufacturer will apply. Your delivery will be scheduled in the next available delivery slot to Your area. For tank Orders You will be contacted to confirm the delivery date. A contact telephone number is required on all Orders.
4.4. Your delivery will be made to the address shown on the Order. It is Your responsibility to advise of any access restrictions on site. If TSTS are not advised of any access restrictions for the delivery vehicle, the Goods may be returned to the supplier and a redelivery fee charged.
4.5. Someone over the age of 18 will need to be present to accept the Goods. Goods must be checked thoroughly before acceptance. Orders signed for or delivered under written instruction are deemed to have been delivered in good condition. See Shortages.
4.6. Risk in relation to any loss, damage to goods howsoever caused or theft supplied under these terms shall transfer from TSTS to You upon delivery.
4.7. Unless otherwise specified, offloading is the responsibility of the customer in all cases.
4.8. We are not liable for any losses that you may have incurred due to any failure to deliver products within the estimated delivery dates or on the agreed day. We recommend that You only arrange for installers and machinery once the Goods have been delivered.
4.9. If you require the Goods delivered on a vehicle with HIAB, or with express or timed delivery, additional charges will apply. Please contact us.
Shortages
4.10. Any shortages in an Order should be notified to TSTS within 24 hours of delivery.
4.11. If TSTS delivers more or less than the agreed quantity of goods We shall have no liability to You in respect of the excess or shortfall unless notice is given within 24 hours of delivery.
4.12. In the case of excess delivery TSTS will make arrangements for the excess to be returned to TSTS at Our expense.
4.13. In the case of short delivery TSTS may at Our own discretion either make good the shortfall by one or more further deliveries; or reduce the Purchase Price by the same proportion as the shortage bears.
4.14. You shall not be entitled to reject any delivery on the grounds of any excess or short delivery.
Risk
5.1 Risk in relation to any loss , damage to goods howsoever caused or theft supplied under these Conditions shall transfer from TSTS to the You upon delivery.
Order Cancellation
6.1. We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
6.2. We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
6.3. Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
6.4. Please read our Returns Policy to learn more about Your right to cancel Your Order.
6.5. All Order cancellations must be informed in writing quoting the Order number, name, address and contact telephone number.
Availability, Errors and Inaccuracies
7.1. We are constantly updating Our offerings of Goods on the Website. The Goods available on Our Website may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Website and in Our advertising on other websites.
7.2. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, guides, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
7.3. The content on Our Site is provided for general information only. It is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on Our Site.
Prices Policy
8.1. TSTS reserves the right to revise its prices at any time prior to accepting an Order. Prices are exclusive of VAT unless otherwise stated. All prices are quoted and paid in sterling.
8.2. The prices quoted may be revised by TSTS subsequent to accepting an Order in the event that a Good is listed with any incorrect information or at an incorrect price due a typographical error, or error in pricing from our suppliers, or in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, and any other matter beyond the control of TSTS. In that event, You will have the right to cancel Your Order.
Intellectual Property
9.1. The Website and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of TSTS and its licensors.
9.2. The Website is protected by copyright, trademark, and other laws of both the Country and foreign countries.
9.3 Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TSTS.
Your Feedback to Us
10.1. You assign all rights, title and interest in any Feedback You provide TSTS. If for any reason such assignment is ineffective, You agree to grant TSTS a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
11.1. Our Website may contain links to third-party web sites or services that are not owned or controlled by TSTS. These links are provided for Your information only.
11.2. TSTS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that TSTS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
Termination
12.1. We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
12.2. Upon termination, Your right to use the Website will cease immediately.
Limitation of Liability
13.1. Notwithstanding any damages that You might incur, the entire liability of TSTS and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website.
13.2. To the maximum extent permitted by applicable law, in no event shall TSTS or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if TSTS or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Force Majeure
14.1. TSTS will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to the Client for any losses, costs or expenses arising directly or indirectly from any delays in doing so and TSTS will not be deemed to be in breach of this agreement by reason of any delay in performing, or any failure to perform any of its obligations in relation to this agreement, if the delay or failure was due to any cause beyond its reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond TSTS’ reasonable control:
- Act of God, explosion, flood, tempest, fire or accident;
- War or threat of war, sabotage, civil disturbance or requisition;
- Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- Import or export regulations or embargoes;
- Strikes, lock outs or other industrial actions or trade disputes;
- Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
- Power failure or breakdown in machinery
14.2. If TSTS is prevented from carrying out its obligations in the above circumstances, it will notify the Client in writing. If TSTS is still prevented from carrying out its obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other cancelling the agreement. If the agreement is cancelled in this way TSTS accepts no liability to compensate the Client for any loss or damage caused by failure to perform.
“AS IS” and “AS AVAILABLE” Disclaimer
15.1. The Website is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, TSTS, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, TSTS provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
15.2. Without limiting the foregoing, neither TSTS nor any of TSTS’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of TSTS are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
15.3. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
16.1 The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Website. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
17.1. If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting TSTS.
Severability and Waiver
Severability
18.1. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
18.2. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
19.1. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
19.2. By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Website.
Contact Us
If you have any questions about these Terms and Conditions, please contact us:
- By visiting this page on our website: Contact Us
- By sending us an email: [email protected]
