“the grove group” TERMS AND CONDITIONS OF SALE
The Terms & Conditions set out below shall apply without variation to every contract entered into by G Mitchell Limited trading as G Mitchell, Grove Motor Colours and Body Shop Services (the Company) being hereinafter referred to as “the grove group” for the sale of goods or materials unless the variation thereto is expressly agreed in writing by G Mitchell Limited. These Terms & Conditions shall apply notwithstanding any inconsistency between them and the Terms & Conditions of any form of contract sent by the customer to the grove group. The contracts for the goods or materials shall comprise the customer’s order and the grove group’s confirmation to supply.
Unless fixed prices have been expressly agreed by the grove group the price payable by the customer shall be the ruling price at the date of despatch of each delivery. Prices include delivery unless otherwise stated and sold subject to the addition of V.A.T.
Vouchers and discounts are provided at the discretion of the grove group. While all efforts are made to honour promotions, discounts and vouchers, in some cases it may be necessary to end a promotion early or decline a discount or voucher. In these cases the grove group will contact the customer and if no agreement can be reached, cancel any outstanding orders with a full refund of any monies taken.
Whilst the grove group shall make every effort to adhere to any delivery dates specified in the contract, dates or periods of delivery stated in the contract are approximate only and time shall not be of the essence of the contract.
By accepting these terms and conditions you are also accepting the terms and conditions of the courier we use. If you have any special instructions related to delivery, please add these in the order comment box on the checkout page. We will always pass these instructions on to the courier but cannot guarantee that they will be acted on as each courier has its own policy.
We currently use one of three couriers, please review each of their terms and conditions before agreeing to these terms as acceptance of our terms is acceptance of theirs.
In certain rare and unusual instances, the delivery charged by the website may not cover our costs. Within reason, the grove group will bear the cost, however it may become necessary to pass this cost on to the customer. If this is the case, the grove group will contact the customer and agree on the charges before any actions are taken. If the customer does not agree to pay the additional charges, the grove group will cancel the order and refund any monies taken.
No claim for material damaged in transit will be considered by the grove group unless advised to the relevant Branch Manager within two days of receipt of the material and no allowance for claims for short delivery will be made unless the grove group is given an opportunity for verifying the same within two days.
6. Returned Goods
Any goods returned to the grove group which have been correctly supplied to order may be subject to a handling charge of not less than 20%. All goods returned shall, to receive credit, be in good and resaleable condition. Any damaged goods which have been supplied in good condition will not be accepted for credit. All invoice numbers must be quoted.
7. Termination or Suspension
Without prejudice to any of its other rights, the grove group may terminate the contract or suspend further deliveries to the customer in the event of a customer failing to make due payment for any goods or materials or if any distress execution or other legal process shall be levied upon the customer or if the customer becomes insolvent or being a body corporate has passed a resolution of voluntary winding up or is subject to a winding-up order of the Court or has had a Receiver appointed.
Property in or title to goods and materials supplied by the grove group shall not pass to the customer until all monies due and owing from the customer to the grove group on any account have been paid in full. All monies received by the customer from its purchaser of the goods or materials supplied by the grove group (whether sold in the same condition in which they were purchased from the grove group or incorporated into the products of the customer) shall be held by the customer in trust for the grove group. The customer hereby authorises the grove group to enter upon any of the premises of the customer for the purpose of repossessing any of the goods or materials supplied under any contract and in respect whereof the property herein has not passed to the customer.
Risk in respect of goods shall pass upon delivery. Where goods are delivered by the grove group’s own transport, delivery shall be deemed to take place at the moment the goods are lifted from the delivery vehicle. Where goods are collected delivery shall be deemed to have taken place when the goods are removed from the grove group’s premises.
10. Proper Law
The contact between the grove group and the customer shall be deemed made in England and shall be governed in all respects by English law and the customer shall submit to the jurisdiction of the English Courts.
Health & Safety Information – Hazardous Substances
Some of the products we supply may be hazardous to health and are therefore strictly supplied for bona-fide Trade customers only. Material Safety Data Sheets (MSDS) are available from https://grovegroup.co.uk/msds-archive-material-safety-data-sheets/. If you need any assistance in printing these sheets off please ask. It is up to the customer purchasing products to make themselves fully aware of the nature of the products purchased and to determine whether they are competent to use them in a safe and responsible manner. By purchasing and/or using these products you accept full and complete responsibility for any damages, injuries or any other consequence that arises from the use thereof.
Our objective is to help protect our Customers and the Environment from the ill effects of chemicals.
Website Pricing and Availability
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund.
Occasionally we may have insufficient stock to fulfill your order, in this instance, we will inform you as soon as possible and give you the option to wait for the goods to come back in stock or if you have already paid, you may cancel and receive a full refund.
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
These terms apply only to the sale of goods to private individuals and are in addition to “the grove group” TERMS AND CONDITIONS OF SALE.
All business to business transactions are governed solely by the “the grove group” TERMS AND CONDITIONS OF SALE.
2. Right to Cancel
All private individuals have a right to cancel within 14 days of receiving goods. Exceptions to this rule are:
The customer will advise "the grove group" of their desire to cancel under these regulations using a durable medium (e.g. email) within 14 days of receipt of goods
4. Return Postage
All return carriage costs will be paid for by the customer. In the case of large or hazardous items we will contact you to arrange the return, please note that you will be liable for any costs incurred by us for collecting these items.
"the Grove Group" will reimburse the customer without undue delay and within 14 days of receipt of returned items (or proof of return if earlier). All refunds will be made to the same payment method used to pay for the original goods.
Only the cost of basic delivery will be refunded, any optional upgrades to this will be deducted from the refund amount.
If the value of any returned goods has been diminished by the customer handling them beyond what is necessary to establish their nature, characteristics and function or any other lack of reasonable care on the customers part then reasonable deductions will be made from the refund to cover this.
7. Address and Company Details
Company Name: G Mitchell Ltd t/a The Grove Group
Company Registration Number: 5165435
VAT No: 315783057
Address: G. Mitchell Ltd. Unit 22, Victoria Way, Burgess Hill, West Sussex, RH15 9NF
Telephone Sales/Enquiries: 01444 246400