We are very proud to be accredited by Carpet Recycling UK which recognises the quality and process for our products.
Terms & Conditions
These terms and conditions are the terms upon which Foley’s supply goods “Goods” and services “Services” to customers (hereinafter referred to as “The Customer”). It is the Customer’s responsibility to read and understand these terms and conditions carefully before ordering any Goods or Services from Foley’s. Any order placed by the Customer on Foley’s is made under these terms and conditions to the exclusion of any other terms and conditions attached to or forming part of any acceptance of this order by the Customer.
1) Definition
a) The Company shall be FOLEY’S EQUESTRIAN SURFACES LTD (Company Reg No: 12320829) hereinafter referred to as “Foley’s” whose registered office is Lorton Road, Redcar, TS10 4LY
b) The term “Goods” shall be any materials or type of surface provided by Foley’s, and is of the quantity and description as set out in the “Order”
c) “Order” means the Customers purchase order or other order document requiring Foley to supply and deliver Goods and Services as set out in the order
d) “The Haulier” or “Hauliers” refers to any third-party haulage company used to deliver the Goods, whether third party haulage is arranged by Foley’s or The Customer.
2) Acceptance of Terms
a) These terms and conditions apply to all sales of Goods and/or Services provided by Foleys, to the Customer.
b) By placing an order with Foley’s, you warrant that:
i) You have the legal capacity to enter into a binding contract with Foley’s.
ii) You are at least 18 years old.
iii) The information you provide to Foley’s during the process of placing an Order for Goods and/or Services is accurate and complete.
iv) The Customer agrees that Foley’s may, at its sole discretion share the Customer’s contact details with a third party, including on Foley’s website. The Customer may be excluded from this process by informing Foley’s in writing or, by opting out of the email service.
c) Foley’s hereby sells Goods and/or Services and the Customer hereby purchases the Goods and/or Services specified in the Order strictly in accordance with these terms and the conditions, unless amended by Foley’s in writing prior to the issue of the Order.
d) Each Order for Goods and/or Services issued by The Customer will constitute a separate contract.
3) Goods and Services
a) Samples of Goods offered by Foley’s are selected at random, sent in good faith, but are visual guides only. There are no express or implied conditions that Goods supplied will be identical to the samples supplied prior to Order placement. If there is any discrepancy between specification of the Goods to be supplied and any sample provided prior by Foley’s prior to Order placement by the Customer the description and specification contained in the product information sheet forming part of the Order shall prevail.
b) The description of the Goods and/or Services on Foley’s website, social media, brochures or any other form of advertisement, does not constitute a contractual offer to sell the Goods and/or Services as specified therein.
c) The goods are manufactured to Foley’s specifications. Some goods will be in accordance with the specification contained in the Order and may vary in size from 20mm to 40mm.
d) If the Customer requests advice in relation to the Goods and/or Services, any advice is provided in good faith only, Foley’s shall not be held responsible or liable for any losses costs or damages suffered by the Customer acting upon any advice provided by Foley’s.
e) If a third party or other company is recommended by Foley’s such recommendation is only provided in good faith, Foley’s shall not be liable for any goods and/or services provided by said third party or other company or from any losses costs or damages suffered by the Customer in acting upon any recommendation provided by Foley’s.
f) Foley’s will not be liable for any installations of their Goods.
g) It is understood that all Goods provided by Foley’s are not supplied by weight, but by volume only and variation in weight within a normal cubic capacity will not constitute a shortfall or surplus and no price alterations will be made in respect thereof.
h) It is understood that it is the responsibility of The Customer for the correct disposal of all waste deriving from the delivery of Goods.
i) It is understood that it is the responsibility of The Customer for the correct disposal of any unused Goods, ensuring that any external waste disposal company used holds all relevant permits and documentations, along with providing a Duty of Care document.
j) No warranty on The Goods is implied or given.
4) Basis of Sale and Payments
a) All quotations are valid for a period of 10 days from the date of issue. If the Customer has not accepted the quotation within 10 days from the date of issue, then the quotation will be null and void. At Foley’s absolute discretion it may honour an elapsed quotation however Foley’s reserves the right to pass on to The Customer any increase in the cost of providing the Goods and/or Services in any subsequent Order
b) Foley’s reserves the right to void any quotation provided by Foleys for Goods and Services where such quotation is based on offers and promotions if such offers and promotions have ended.
c) Goods and/or Services will only be delivered upon receipt by Foley’s of full payment.
d) Where the Customer fails to pay a Foley’s invoice within 10 days of the date of issue of the invoice then the Order will be terminated Foley’s at its sole discretion may agree to allow the customer to pay at a later date however the provisions of paragraph c) above will apply regardless of any forbearance by Foley’s
e) Whereby a Customer has given an Order verbally, whether by telephone or otherwise, the record made by Foley’s of such Orders shall be conclusive and binding Any such verbal order shall be subject to these terms and conditions
f) Prices of the Goods and/or Services on Foley’s website, social media, brochures or any other form of advertisement, are a guidance only and constitute an offer to treat.
g) No variation of the Order whether about the description of the Goods and/or Services, price or otherwise, can be made after it has been entered into unless the variation is agreed to by the Customer and Foley’s in writing. The only exception to this applies in circumstances where the haulage cost has risen due to delays caused by The Customer.
h) Foley’s shall not be liable for any losses cost or damages incurred by the Customer arising from the provision of Goods and services under any Order
i) Foley’s use external hauliers and accepts no liability for any additional costs incurred between the haulage company and The Customer.
j) The Customer will be responsible for any cost incurred by the amendment or cancellation of the Order within 24 hours of the day of delivery, Foley’s reserves the right to obtain/retain any monies from The Customer to pay The Haulier for any/all associated cancellation fees.
k) Payments can be made via BACS or, virtual card link sent to the Customer. Alternative payments methods are not accepted.
l) Upon payment of amounts due under this Order, and therefore acceptance of these terms, it is understood that The Customer has carried out their own due diligence beforehand for the receipt l of the Goods and that they are satisfied that they can receive and offload the Goods from the third-party haulier.
5) Cancellation, withdrawal, returns and refunds policy
a) You may withdraw your Order up to 24 hours prior to the agreed date for delivery of the Goods without giving a reason or incurring any liability by notifying Foley’s in writing or by email
b) Subject to paragraph a) above The Customer may cancel an order after receipt by Foley’s of payment for the Goods and the Goods have been delivered to the Customer provided that: –
i) The Customer has Informed the company in writing, either via email or signed postal letter only within 7 days of receipt of the Goods.
ii) Return the Goods to The Company – the Goods must not have been used, be in the same condition in which they were received, in its original packaging, and at The Customers own cost and risk.
iii) Provide proof of purchase in the form of Foley’s invoice and acknowledgement of payment to The Customer. In the event that the invoice or acknowledgement of payment cannot be obtained, a bank statement may suffice but only at The Companies sole discretion.
c) In accordance with the Distance Selling Regulations 2000 “Cooling off Period”, you may at any time within 7 days cancel your contract, beginning from the day you receive the Goods. A refund will only be provided in accordance with The Customer following clause 5bi, clause 5bii and clause 5biii. The Company will then issue your refund as soon as possible and within 30 days of the Goods being returned in full.
d) Termination of the contract will not affect the respective rights and liabilities of both The Customer and Foley’s which accrued prior to termination.
e) Nothing in this clause affects the Customer’s statutory rights.
6) Delivery
a) Foley’s use external hauliers for delivery of their Goods. Foley’s accepts no liability for; any damages, injury related damages, loss of profits or business interruptions, or any other grievances, caused by the haulage company.
b) The Haulier delivering the Goods has total right of judgement on the safe parking and offloading on site and reserved the right to refuse delivery if deemed unsafe to do so.
c) Foley’s will advise to the best of their abilities but, it is ultimately The Customers responsibility to ensure that the correct size of delivery vehicle has been ordered in relation to access to the delivery point.
d) The time of delivery is approximate and set out by The Haulage Company, breakdowns, weather or traffic conditions may cause delays Foley’s. Foley’s shall not be liable to the Customer for any loses cost or damages the Customer may incur due to any delay in delivery of the Goods occasioned by the haulier
e) Unless the Order states to the contrary, unloading of the Goods is the responsibly of The Customer, any costs incurred from failure to do so will be at that of The Customers and Foley’s will not be liable for any costs incurred by the Customer’s failure to unload the Goods.
f) Only correct equipment and competent persons should be used in the offloading of the Goods, all risks in the safety of offloading are at that of the Customer and Foley’s will not be liable for any injuries of damages incurred.
g) Suitable machinery should be used in the offloading of Goods and the safe working load of the machinery must exceed the stated weight of the Goods being offloaded. Suitable attachment for the safe and correct unloading of the Goods must also be provided by the Customer
h) The Customer shall provide suitable access for the delivery vehicle and a safe unloading point. If, for whatever reason, the delivery vehicle cannot gain access and/or safely unload, The Customer shall be liable for any additional costs incurred.
i) All deliveries are subject to obtaining haulage, whilst Foley’s uses its reasonable endeavours to meet timescales set out in the order, Foley’s cannot guarantee deliveries to meet set demands and schedules.
j) The Goods will become The Customers responsibility from completion of delivery or Customer collection.
k) Any claim that the Goods delivered/collected do not materially comply with their description (in accordance with clause 3a), are to be notified to Foley’s (and the Haulier – where appropriate) upon delivery and, before the Haulier departs. Failure to do so will leave The Customer liable for any potential return delivery charge. The Company will, at Foley’s sole discretion, replace such Goods, issue The Customer with a credit note for the cost of the Goods, or refund the price paid for the Goods.
l) Foley’s will not be held responsible in any way for any third party/contractor working on behalf of The Customer.
m) The Customer is welcome to source their own Haulage, but shall not collect any Goods without prior payment and arrangement by Foley’s.
7) Force Majeure
a) Neither the Customer nor Foley’s shall be responsible for any failure to fulfil any term or condition of the Order if and to the extent that fulfilment has been delayed or temporarily prevented by a force majeure occurrence, and which is beyond the control and without the fault or negligence of the party affected and which, by the exercise of reasonable diligence, the said party is unable to provide against.
8) General
a) The Customer agrees that they will not, directly or indirectly, written, verbally or electronically, make or endorse any defamatory comments as defined by law, about Foley’s, their Goods and/or Services.
b) The Terms and Conditions set out in this document will be governed by the laws of England and Wales, acceptance of these Terms and Conditions means you consent to the non-exclusive jurisdiction of the English Courts in the settlement of any disputes hereunder.
c) For written matters, the address is specified in clause 1a
d) For matters via email, Customers should contact via sales@foleysequestrian.co.uk
e) Upon payment of the placement of an Order on Foley’s for the provision of goods and services it is understood that The Customer has read, acknowledged and accepted all of the aforementioned Terms and Conditions set out by Foley’s.
f) No liability will be accepted by Foley’s for any injuries to persons, or, any animal using the surface. The onus is upon The Customer to ensure the surface used is suitably laid on the correct base and is safe, for the discipline intended.
Our team has a wealth of knowledge in the equestrian surfaces industry. Please contact our team to book a no obligation consultation.
We are very proud to be accredited by Carpet Recycling UK which recognises the quality and process for our products.
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Company registered address: Lorton Road, Redcar, England, TS10 4LY
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