One Stop Plant Shop
TotallyPlant.com Ltd. All rights reserved. Registered in England No.6843075. Registered Office: Eagle House, Station Road, Reedham NR13 3TB
Terms & Conditions
All rights including copyright of the TotallyPlant.com website belong to and are licensed to TOTALLYPLANT.COM LIMITED.
These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.
Totallyplant.com Ltd (“Totallyplant”) (“Us”) provides the Plant and Construction Industry with a one stop plant solution. The website gives you, the customer, an overview of the products and services we as a company can provide. With direct relation to plant repairs, certificates of thorough examination, provision of parts and the distribution of HPV Vistarini Hydraulic and Pneumatic Hammers, the website will give you a brief overview of the products and services available – in order to arrange repairs, certification and order the products you will need to contact Us directly to confirm availability and/or progress any prospective purchase or service further. Any services provided in this respect will be separate from the use of the website. With regards to the storage and use of the website for downloading and accessing your certificates of thorough examination – further terms apply which are more specifically referred to in section (F) of these terms and conditions.
The general purposes of the buying and selling section of the Totallyplant website is to display new and used equipment and service advertisements on the Internet. Any sale agreement on new and used equipment or services that have been advertised on the Totallyplant website is made solely between the buyer and seller. Totallyplant is not a party to any such agreement. All information on a particular piece of new or used equipment originates from the seller and not Totallyplant. Totallyplant is not responsible for and does not guarantee the performance or suitability to any particular purpose of any such piece of new or used equipment, except in circumstances where the item has been directly sold, supplied or provided by Totallyplant.com Ltd (in such circumstances written proof of purchase/contract/agreement must be provided).
Should you decide to purchase a piece of new or used equipment, services or any other item as a result of information obtained from your visit to the Buying and Selling section of the Totallyplant website, your contracting party would not be Totallyplant but the seller of such item, except in circumstances where the item has been directly sold, supplied or provided by Totallyplant.com Ltd (in such circumstances written proof of purchase/contract/agreement must be provided).
All Sellers are permitted to open an account with Totallyplant, opening an account means inputting your company details receiving log in details and having access to an advertising account on Totallyplant. Once you the Seller proceeds to purchase services provided by Totallyplant, Totallyplant will undertake checks to authenticate any personal and company data provided together with details of the credit or debit card used to purchase such services. Any credit or debit card used to pay for services on the Totallyplant website must be relevant to and registered to the Seller who has set up the account. Any credit or debit card unrelated to the Seller may be declined at the discretion of Totallyplant. This procedure will take place on the Sellers first purchase of services as a new customer or in the case where the method of payment is changed – i.e. another form of credit or debit card is used. This procedure is put in place to protect other Users and Visitors to the site from any fraudulent, illegal or misleading activity. Totallyplant reserves the right to reject or refuse Sellers the right to use and advertise on the Totallyplant website and will do so at it’s discretion. Checking of new accounts and or individuals can take up to 48 hours to complete. Any advertisements placed by approved Sellers will be activated immediately on receipt of valid payment but will still be subject to verification.
By opening an account and inputting your advertisements you are providing a direct request to Totallyplant that your products and services be advertised on our website. Once an advertisement has been approved and verified by Totallyplant, a valid contract is made between Totallyplant and you the User/Seller. Totallyplant reserves the right to reject or withdraw any advertisements deemed to be unsuitable for publication and will do so at it’s discretion.
As a Seller you are bound to provide true, accurate and complete information on the product or service being advertised ensuring all relevant details for any potential buyer are provided in accordance with good practice and relevant laws and statutes where applicable. You agree to be bound by any guarantee, price and if applicable delivery information agreed between you the Seller and any prospective Buyer contacting you as a result and in relation to any advertisements you as the Seller have placed on the Totallyplant website.
It is the Sellers responsibility to update and keep updated all relevant information included in their advertisement – the Seller shall also be responsible for the prompt response to any email or telephone requests received as a result of placing their advertisements and also for the removal of advertisements from the website when the products or services are no longer available.
Purchase offers received through the web site are not binding unless the offer contains full details on the material substance of the transaction, such as terms of delivery and payment.
By submitting an advertisement to Totallyplant for publication, you agree that all intellectual property and ownership rights on the advertisement as it appears on the website are transferred to Totallyplant who reserve the right to edit, sort, copy and publish the information in whole or in part. Commercial or technical Information may not, however, be edited.
We are not able to verify the truthfulness of any Information or statement disclosed in the advertisements. Accordingly, you as the disclosing Seller shall be responsible for any losses, expenses or other costs we incur as a result of an untrue statement you deliberately make or provide.
You have the right to cancel the advertisement for any reason at any time. Please see our refund policy for further details (Section H)
If an accepted advertisement does not appear on the website you shall be entitled to a refund of the advertisement price unless the omission is caused by unforeseen circumstances beyond our reasonable control or in the event of your breach of this Agreement. Our liability for breach of contract or negligence shall not exceed an amount equal to the price of the advertisement.
Please note that all Information on a piece of new or used equipment or services advertised on this website originates entirely from the Seller of such new or used equipment and services. The Seller alone has evaluated and given his opinions on the condition of the said equipment or validity of the services offered. The evaluation is therefore not made by any impartial third party and Totallyplant does not take any responsibility for the truthfulness or accuracy of such evaluation.
The products/material/advertisements that appear on the Totallyplant website are given for informational purposes only. Although we trust that all Sellers using the website will do so with diligence and follow good practice, we cannot however verify the information they supply. Before purchasing a piece of new or used equipment or services you have read about on our website, you should confirm with the Seller any information (including the price) that is significant to your purchasing decision. When buying a piece of new or used equipment please use your own judgement in the same way you would when buying similar items via other media to include newspaper advertisements and face to face negotiations.
Do not part with any money until you are entirely satisfied that the person or company from whom you are purchasing is genuine, following good practice and operating within any laws and statutes applicable to such a transaction. Whilst Totallyplant continually monitor and access the validity of any persons, company and advertisements being placed on the Totallyplant website it is entirely up to you, the Visitor / the Buyer, to make relevant enquiries and use good judgement prior to completing any transaction with any Sellers advertising on this website. Any transactions agreed as a result of advertisements placed on the Totallyplant website create a contracting agreement between you the Buyer and the Seller – Totallyplant accepts no liability for any losses, expenses or other costs incurred as a result of such transactions.
The use of the Totallyplant website for storing, monitoring and downloading of certificates is provided for information purposes only. The only permitted storage on this website is for Certificates of Thorough Examination issued by Totallyplant.com Ltd – the storage of any other Certificates Documentation or Media is not permitted unless expressly agreed in writing with Totallyplant.com Ltd who will act in it’s own discretion in this respect.
The Facility is provided purely as a monitoring tool only. Whilst the a Facility will provide the User (“the User”) with notification of renewals due by email, it is up the User of the Facility to keep their own reference to all renewals relevant to the Facility and to arrange such renewals in line with the renewal dates as specified on the Certificate of Thorough Examination for each piece of machinery certificated and stored on the Facility. All Certificates of Thorough Examination and machinery specified remain within the ownership of the User who accepts full responsibility for their upkeep, maintenance and continued renewal – Totallyplant accepts no liability for any losses, expenses or other costs incurred as a result of the failure of the User to upkeep, maintain or renew the machinery in question or the Certificate of Thorough Examination related thereto.
Further terms and conditions are supplied in relation to the production of such Certificates of Thorough Examination and appear on the reverse side of any Certificate of Thorough Examination issued by Totallyplant.com Ltd or which are available on direct request – please contact Totallyplant.com Ltd for further details in this regard.
Advertisements do not go live on the site until such time as you (the User) activates each individual advertisement.
Once credits or subscriptions have been purchased and an advertisement has been activated you will be unable to cancel the advertisement or receive a refund. However, in exceptional circumstances and at the discretion of one of our advisors you may be able to make a claim within 24 hours of purchase/activation. Please contact customer services as per details provided below.
Not applicable
For all customer services enquiries, please contact enquiries@totallyplant.com or telephone 01256 356511
TotallyPlant are committed to protecting the privacy of its web site users and all reasonable efforts are made to ensure that personal data is protected against unauthorised access. We cannot however guarantee that our systems are impregnable against hacking or other unauthorised access and/or that information transmitted to us via the internet cannot be intercepted. In this regard, we do not store any financial data (for example credit cards)
By registering as seller you provide us with the right to use and disclose your details to third parties offering services that we believe may interest you unless you specifically instruct us otherwise. Information is disclosed within the extent of applicable law. By using the services you give your consent to these privacy provisions.
Please note that you are responsible for all actions taken with your username and password and advise you never to disclose this information to any third parties. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password or account has been compromised for any reason, you should immediately change your password and notify Totallyplant.com Ltd by email (enquiries@totallyplant.com) advising us of this fact. Until receipt of such notification you are responsible for all use of the user name and password.
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. You must not: a. republish material from this website (including republication on another website); b. sell, rent or sub-license material from the website; c. show any material from the website in public; d. reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose including but not restricted to creating, checking or updating databases, directories, customer lists, mailing lists or any marketing activity; e. edit or otherwise modify any material on the website; or f. redistribute material from this website except for content specifically and expressly made available for redistribution (such as a newsletter).
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use our website for any purposes related to marketing without our express written consent.
In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law. Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows: a. to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature; b. we will not be liable for any consequential, indirect or special loss or damage; c. we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information; d. we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision 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.
These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
TotallyPlant.com Ltd. All rights reserved. Registered in England No.6843075. Registered Office: Eagle House, Station Road, Reedham NR13 3TB