Terms of Sale

  1. Introduction

    1. Welcome to the Kingslands platform (the “Kingslands Platform”) and its associated website www.Kingslands.co.uk (the “Website”).  Please read these terms (the “Terms”) carefully as they govern your use of the Kingslands Platform.

    2. The owner and operator of the website is Kingslands Agriculture Limited, (also referred to in these Terms as “we”, “us”, “our” or “Kingslands”) whose registered office is at 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ and whose company registration number is 12524944.

    3. Where we refer to “you” or the “Buyer” in these Terms, we mean you, any company you work for and any person or entity that accesses or uses the Kingslands Platform on your behalf.  

    4. By registering with us and/or continuing to use any part of the Kingslands Platform, you confirm your acceptance of the Terms, Privacy Policy and Cookie Policy.  Do not use the Kingslands Platform unless you wish to be bound by the Terms, Privacy Policy and Cookie Policy.

    5. We may vary the Terms from time to time and shall post such alterations on the Website.  If you do not agree to the changes made to the Terms, then you have the right to stop using the Kingslands Platform and should do so immediately.  Your continued use of the Kingslands Platform after the date the changes have been posted will constitute acceptance of the amended Terms.

    6. Our Platform uses cookies. By using our Platform, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy at https://www.kingslands.com/pages/privacy-and-cookies-policy

  2. Additional definitions

    1. These Terms make use of the following definitions:

      Order” means the Order which sets out the terms on which you have requested to purchase goods or services from Kingslands.

      Supplier” means a supplier of goods or services that will fulfil the order on our behalf. 

  3. Using the Kingslands Platform
     
    1. The Kingslands Platform acts as as a reseller where Buyers who are seeking agricultural products can purchase from the selection offered by suitable Suppliers.

    2. We do not charge you any fees for your use of our Platform or for making Orders through the Platform.

    3. The Kingslands Platform will provide you with quotes for the goods and services you need from Suppliers who are registered with us. 

    4. If you wish to place an Order, you can do so through the Platform. A binding contract will be automatically created between you and us to supply the goods you have ordered once you have received from us or through the Kingslands Platform a purchase confirmation.

    5. Payment for your Order must be made only through the Platform.

    6. Purchases through the Platform are only for delivery of products to customers in the United Kingdom, Channel Islands, Isle of Man and Scottish Islands. Delivery charges will be shown separately at the time of placing your Order.

    7. Unless the Supplier offers their own delivery services, the Platform will provide Buyers with an option to select delivery from a third party delivery agent.

    8. Unless you have stated separately in writing, all Orders will be delivered to the address which you have registered as your business address with the Platform. Details of delivery times will be set out on the Platform.

    9. Unless agreed with us, all delivery times and dates are estimates. Our Suppliers will use their best endeavours to meet delivery times, but shall not be responsible for any failure to deliver your Order within those time frames.

    10. Where a Supplier becomes aware that the date for collection or delivery may be delayed, the Supplier will notify you as soon as possible and aim to provide you with a revised date. Neither we or the Supplier will be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from a delay or failure to meet the arranged delivery date.

    11. When a delivery date has been arranged, you must ensure that someone is available at the relevant address to accept the delivery. Unloading of products should be done under the direction and responsibility of the Buyer. All deliveries must be received and signed for by a person over the age of 18.

    12. When purchasing fertilisers or other goods classified as dangerous, we may pass on your details such as your delivery address to the product manufacturer. The person receiving the goods may also be photographed instead or complimentarily to paper signature as a confirmation of goods receiving by our logistics provider. 

    13. It is the responsibility of the Buyer to ensure that the place of delivery must be easily accessible and present no risk or danger to any vehicle or delivery agent. The Buyer shall not be entitled to cancel an order to receive any compensation if the Supplier cannot deliver the order because the place of delivery is inaccessible or presents any risk or danger to the delivery personnel.

    14. If a Supplier is unable to make a delivery on arrival at the delivery address for any reason, an delivery charge may be made for any return or subsequent visit which may be required. Should no-one be available to take the redelivery, the Supplier may cancel the Order and refund the purchase price, excluding any delivery charges.

    15. When accepting pallet or bulk deliveries, there must be a suitable place on flat hard standing where the lorry can deliver the pallet. It must also be made clear at the point of purchasing on any specific restrictions on lorry size or unloading for example if you do not have a forklift and require a tail lift on the lorry. Failure to do this may result in further charges being incurred by you.

    16. You should examine your Order on delivery. If you believe your Order has been damaged during transportation, or you believe the Order is not in the correct quantity, you must mark a notice of damage on the delivery note or the driver’s device. If you fail to do this at the time of delivery, it may result in an inability to later claim for damaged or incomplete goods. We suggest that you also take a photograph of any damage or lesser quantity of goods as proof.

    17. If you wish to make a claim for a damaged or incomplete Order, you should in the first instance take this up directly with your Supplier (and provide a copy of all such correspondence to us, via email at help@kingslands.com). If you are unable to receive a satisfactory replacement of any damaged or incomplete goods, you should inform us by email at help@kingslands.com, providing details of your Order and the damage or incorrect quantity involved. We will use our reasonable endeavours to mediate any dispute arising between you and a Supplier.

    18. Risk of damage or loss to any goods will pass to the Buyer from the time the goods are delivered to your premises.

    19. Prices of goods shown on our Platform are liable to change at any time, but changes will not affect Orders which have already been agreed.

    20. You understand and accept that your Supplier may also have their own business terms and conditions which may apply to your Order in addition to these Terms and Conditions.

  4. Registration

    1. To register for a Buyer’s account on our Platform, you must be at least 18 years of age. You may register with our Platform by completing and submitting the account registration form.  

    2. You warrant that all information you provide whether to us will be true, accurate and not misleading.

    3. If you register for an account, you will be asked to choose a user ID and password.

    4. You must not use your account or user ID to impersonate any other person.

    5. You must keep your password confidential.

    6. You must notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

    7. If you wish to cancel your registration with Kingslands, you can do so at any time by sending an email to [email] requesting removal from our database.

    8. We have the right to remove any Buyer from our database, if we receive complaints about that Buyer, or for any other reason at our entire discretion.
       
  5. Reviews

    1. You understand that we may ask you to review a Seller and the services or goods you have purchased from them and that we may use such review for any purpose, including providing such review to other prospective buyers and/or posting such review to the Website.   

    2. You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, such reviews is our property, and nothing in the Terms shall be taken to transfer any such intellectual property to you.  

  6. Disclaimers

    1. We are not obligated to make the Platform services available to you and we reserve the right to remove you from the Platform at any time and for any reason at our discretion.

    2. We make no warranty that the Platform will provide an uninterrupted service or be error free, or that any defects will be corrected.  While we take steps to prevent misuse of our systems, we cannot warrant that the Platform will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code.  We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.

    3. We make no warranty as to the identity, integrity or behaviour of Suppliers and are not liable for any dissatisfaction, loss or damage you may incur as a result of an introduction to a Supplier, including without limitation any failure by the Supplier to provide the requested goods or services in accordance with your agreed Order or the quality of any goods or services.  

    4. You agree that, unless otherwise stated in these terms we have no liability to you in relation to any goods or services obtained by you through the Platform. In the event you are dissatisfied in any way, your remedy is only against the Supplier. 

    5. You understand that we are not able to confirm the correct licensing of any Supplier and the legality of the sale of any particular products through our Platform and you agree to make your own legal assessment and any checks necessary to ensure that any Supplier is correctly licensed and any products your purchase through the Platform may legally be purchased in the United Kingdom.

    6. You understand that we are not able to confirm the correct licensing of any Supplier and the legality of the sale of any particular products through our Platform and you agree to make your own assessment and any checks necessary to ensure that any Supplier is correctly licensed and any products you purchase through the Platform may legally be purchased in the United Kingdom.

  7. Limitation of Liability

    1. Nothing in the Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

    2. If you are dissatisfied with the Platform, or the Terms, your remedy under the Terms shall be to discontinue your use of the Platform.  

    3. Other than as set out above, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms or your use of the Platform.

    4. Except as expressly set out in the Terms, all conditions, warranties and obligations which may be implied or incorporated into the Terms by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.

    5. We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, or any other economic loss.

    6. In the event that any limitation or exclusion of liability in the Terms is not enforceable, then we shall not be liable to you for a sum greater than £100.

  8. Intellectual Property Rights

    1. You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Kingslands Platform (the “Intellectual Property“), including the manner in which Kingslands is presented or appears and all information and documentation relating to it, is our property (or that of our licensors), and nothing in the Terms shall be taken to transfer any of any Intellectual Property to you.

  9. General Terms

    1. If any of the Terms are held to be illegal or unenforceable, such provisions shall be severed and the rest of the Terms shall remain in full force and effect. 

    2. The Terms constitute the entire agreement and replace any previous agreement or understanding (whether oral or written, express or implied) between us in respect of the matters contained or referred to in the Terms.  

    3. We reserve the right at all times to edit, refuse to post, or to remove from the Platform any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.

    4. You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent.  We may assign, transfer or sub-contract all or any of our rights at any time without consent.

    5. A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in the Terms.

    6. No waiver by either of us shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.

    7. We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our Platform from the date of publication of the revised terms and conditions on the Platform, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our Platform.

    8. The Terms shall be subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute arising from these Terms or from use of the Platform.