PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
(All defined terms within this preamble are reference to the defined terms as set out within these Conditions for the avoidance of doubt).
Thank you for spending time on our Website. Please take time to read the following Conditions (together with the documents referred to therein) before ordering any Goods from us, as they explain your rights and obligations for any sales. You should understand that by ordering any of our Goods, you agree to be bound by these Conditions.
1. Interpretation
1.1 Definitions. In these Conditions, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday including but not limited to Christmas shutdown from the period between Christmas Eve and New Year’s Day) when banks in London are open for business.
Conditions or ‘terms’ and/or ‘conditions’: the entirety of these terms and conditions, including all terms and conditions of sale, website use, bespoke goods or otherwise as set out in this document and including any special terms and conditions agreed in writing between the Customer and the Supplier and as amended by us from time to time in accordance with clause 23.6.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer or 'you': the person or firm who visits the Website or purchases the Goods from the Supplier - i.e. the person who accepts a quotation from the Supplier for the sale of the Goods and whose order for the Goods is accepted by the Supplier.
Force Majeure Event: has the meaning given in clause 22.
Good(s): the bespoke goods and/or products (or any part of them) set out in the Order
Intellectual Property Rights; patents, rights to Inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
Inventions; inventions, ideas and improvements, whether or not patentable, and whether or not recorded in any medium.
Order: the Customer's order for the Goods, as set out in the Customer's order form.
Supplier or 'we'/'us': The Garden Trellis Company (registered in England and Wales with company number 4586879) with registered address 355A Old Road, Clacton-On-Sea, Essex, CO15 3RQ and VAT No. 665 580801.
Website: www.gardentrellis.co.uk
1.2 Construction. In these Conditions, the following rules apply:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its personal representatives, successors or permitted assigns.
(c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(e) A reference to writing or written includes emails but excludes fax.
Terms of Website use
1.3 These Conditions (together with the documents referred to herein) tells you the terms of use on which you may make use of our Website, whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our Website.
1.4 Please read these terms of use carefully before you start to use our Website, as these will apply to your use of our Website. We recommend that you print a copy of this for future reference. By using our Website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our Website.
1.5 Using our Website could not be easier, simply browse our Website to see the products offered and contact us to ensure these are made for your bespoke purposes.
2. Other applicable terms
2.1 These terms of use refer to the following additional terms, which also apply to your use of our Website:
(a) Privacy Policy: www.gardentrellis.co.uk/page/privacy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
(b) Environmental: www.gardentrellis.co.uk/environmental-policy which sets out the permitted uses and prohibited uses of our Website. When using our Website, you must comply with this Environmental Policy.
(c) Cookie Policy: www.gardentrellis.co.uk/page/cookie-policy which sets out information about the cookies on our Website.
2.2 If you purchase bespoke Goods from our Website, our Conditions of supply as detailed below will apply to the sales.
3. Changes to our Website
We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
4. Accessing our Website
4.1 Our Website is made available free of charge.
4.2 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
4.3 You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
5. Website Intellectual property rights
5.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.4 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
5.5 You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
5.6 If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our discretion, return or destroy any copies of the materials you have made.
6. No reliance on information
6.1 The content on our Website 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 on the basis of the content on our Website.
6.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
7. Limitation of our liability
7.1 Whether you are a consumer or a business user:
7.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
7.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our Website; or
(b) use of or reliance on any content displayed on our Website.
7.4 If you are a business user, please note that in particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
7.5 If you are a consumer user, please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any Website linked to it.
7.7 We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
7.8 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Conditions of supply below.
8. Viruses
8.1 We do not guarantee that our Website will be secure or free from bugs or viruses.
8.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
8.3 You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
9. Third party links and resources in our Website
9.1 Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only.
9.2 We have no control over the contents of those sites or resources.
9.3 You may not link to our Website, and must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists
9.4 You must not establish a link to our Website in any website that is not owned by you save for instances where links are required or proposed for the purpose of providing a sharing of our Website.
9.5 Our Website must not be framed on any other site.
10. Contact us, Governing Law & Jurisdiction
10.1 To contact us, please email [email protected] or contact us by telephone on 01255 688 361 or write to 355A Old Road, Clacton-on-sea, Essex CO15 3RQ United Kingdom.
10.2 If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
10.3 If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Thank you for visiting our Website.
Supply of Bespoke Goods
What these terms cover. These are the terms and Conditions on which we supply Goods to you.
Why you should read them. Please read these terms carefully before you submit your Order to us. These terms tell you who we are, how we will provide Goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
Please see the above content of our associated website terms and Conditions for details of how to contact us should the need arise.
11. Basis of contract
11.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. An agreement for the Supplier to sell Goods is made on these Conditions when the Supplier accepts an Order placed by a Customer by distance means. The Supplier shall set out the product/Goods description, price with VAT and delivery charges on the Order.
11.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order submitted by the Customer are complete and accurate. Any quotation given by us is an invitation to treat and not an offer. We therefore, may withdraw or amend any quotation at any time prior to our acceptance of your Order, which will occur when we issue a written acknowledgment or when we begin to process your Order, whichever is the earlier. Any quotation(s) given are valid for 30 days from the date of issue.
11.3 When confirmation of an Order is received by the Customer from the Supplier, this is to indicate that the Supplier have received the Order. It does not indicate that a Contract exists between the parties and the prices and availability of the Goods are subject to change without further notice to the Customer. Precise acceptance of an Order will be communicated either orally or in writing by the Supplier to the Customer, at which point, the Contract comes in to force and the Order is formally accepted.
11.4 Such terms as set out within clause 11.3 has been included to protect the Supplier in the case that a mistake has been made in pricing, including but not limited to having inadvertently under-priced goods, no longer being able to supply particular Goods for some reason. In the case of a change of price of the Goods, the Supplier will endeavour to contact the Customer to ensure that the revised price for the Goods is acceptable.
11.5 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
11.6 Any samples, drawings, descriptive matter, or advertising produced by the Supplier and any illustrations contained on the Supplier's Website or brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
11.7 If the Supplier is unable to accept the Order of a Customer, it will inform the Customer of this and will not charge for the Goods. This might be because the Goods are out of stock, because of unexpected limits on the Supplier’s resources which could not reasonably be planned for, because the Supplier has identified an error in the price or description of the Goods or because it is unable to meet a delivery deadline the Customer has specified.
11.8 Planning permission is the ultimate responsibility of the Customer and the Supplier shall have no liability or responsibility whatsoever in this respect.
12. Goods
12.1 The Goods are described on the Supplier's Website.
12.2 The quantity and description of the Goods will be set out in Order (if accepted by the Supplier).
12.3 If the Customer has made a mistake in its Order, the Customer is to contact the Supplier as soon as reasonably practicable and in any event within 48 hours of placing the Order, at which point, the Supplier shall correct the mistake. The Customer shall at all times ensure that the terms of any Order and any applicable specification are complete and accurate.
12.4 All specifications, illustrations, colours, drawings and diagrams on the Supplier's Website, in its catalogues, trade literature and other published matters are of a generally informative nature and are approximate only and none of these form part of any Contract or give rise to any independent or collateral liability of whatsoever nature on the part of the Supplier and it shall be under no liability whatsoever for inaccuracies, changes or alterations in dimensions or measurements given, quoted or made by the Supplier.
12.5 The Supplier reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.
13. Making Changes and Cancellation
13.1 If you wish to make a change to the Goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
13.2 Minor changes to the Goods. We may change the Goods: to reflect changes in relevant laws and regulatory requirements; and/or to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Goods.
13.3 More significant changes to the Goods and these terms. In addition, as we informed you in the description of the Goods on our website, we may make the following changes to these terms or the Goods, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Goods paid for but not received.
13.4 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer – in all circumstances, if you wish to exercise your right of cancellation, you are obliged to retain possession of the Goods and take reasonable care of them:
13.5 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Goods which have not been provided. The reasons are:
13.6 Exercising your right to change your mind if you are a consumer. Given the Goods in question are bespoke, there is no right of cancellation or a ‘cooling off’ period.
13.7 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
13.8 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered?
13.9 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the Goods are delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
13.10 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied. In all cases where cancellation is permitted under these Conditions, no Order may be cancelled by the Customer except with the agreement in writing of the Supplier and on the basis that the Customer shall fully indemnify the Supplier against all losses (including loss of profit), costs, damages, charges and expenses incurred by the Supplier as a result of cancellation which shall be deducted from the amount of any refund provided, save for those instances permitting cancellation and refund as set out at law. This may amount to the full value of a non stock Good which has been specifically designed for the Customer.
13.11 How to end the Contract with us (including if you are a consumer who has changed their mind, with the exception of clause 13.7)
13.11.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: call customer services on 01255 688361 or email us at [email protected] or write to us at The Garden Trellis Company Ltd, 355a Old Road, Clacton-on-Sea, Essex, CO15 3RQ. Please provide your name, home address, details of the order and, where available, your phone number and email address.
13.11.2. Returning Goods after ending the contract. If you end the contract for any reason after Goods have been dispatched to you or you have received them, you must ensure we are paid in full for the Goods (should any amount remain outstanding at that time) and you will thereafter (once payment has been received in full and cleared funds) be entitled to retain the Goods in question.
13.11.13. When we will pay the costs of return or collect the Goods? We will pay the costs of return or collect the Goods (in our sole discretion):
Again the above is subject to your making the Goods available for us to collect within normal working hours 9am-5pm Monday to Friday should we agree to collect these in our sole discretion.
13.11.4. How we will refund you? If you are entitled to a refund under these terms we will refund you the price you paid for the Goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
13.11.5. When your refund will be made? We will make any refunds due to you as soon as possible.
13.12 Our Rights to End the Contract
13.12.1 We may end the contract if you break it. We may end the contract for Goods at any time by writing to you if:
13.12.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.12 we will refund any money you have paid in advance for Goods we have not provided but we may deduct or charge you as reasonable compensation for the net costs we will incur as a result of your breaking the contract.
14. Delivery – Please refer to the Delivery Guide of the Supplier
14.1 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier will aim to deliver the Goods within the Order as soon as possible, however, given the bespoke nature of the Goods, these can often take several weeks and/or months to conclude and therefore, no representations, assurances or warranties are given as to the timescale for delivery of such bespoke Goods and delivery times cannot be guaranteed. All Orders accepted and agreements for Goods and Delivery (including construction/installation of said Goods) are given conditionally upon the Supplier being able to secure necessary labour, materials and transport and without responsibility for delays from strikes, lockouts, trade disputes, uncertainties of manufacture, fire, accident, or force majeure, while every effort will be made to comply with the quoted anticipated delivery date, time will not be regarded as being of the essence of the contract. These items listed above shall be deemed as included within the definition of ‘Force Majeure Event’ as set out within these Conditions.
14.2 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready.
14.3 It is the responsibility of the Customer to ensure that the Goods may be delivered by the Supplier in accordance with the terms of this clause and to ensure that the delivery and delivery transportation of the Supplier for the Goods is able to access the Delivery Location accordingly, as well as ensuring that the Delivery Location is clear for working, free from obstruction(s) and provides a free source of electricity. Deliveries shall take place in normal working hours 8am-5pm, Monday to Friday for the avoidance of doubt. Should this not be possible, delivery of the Goods shall be deemed to have taken place in accordance with clause 145 upon the delivery of the Goods as close to the Delivery Location as possible and any delay at the point of delivery or assembly of the Goods as caused by the actions or omissions of the Customer shall be charged for by the Supplier and payable in immediately available cleared funds by the Customer. Thereafter, the Goods will be the responsibility of the Customer accordingly.
14.4 The Suppliers delivery drivers will offload Goods at the main entrance to the Customers premises only, as the Supplier is not insured to carry Goods through such premises. The Suppliers drivers will make every effort to deliver the Goods as close as possible to the main entrance on the ground floor. If that is not possible due to road surface or other conditions beyond the Suppliers control, the Suppliers drivers are instructed to unload the Goods beside, or close to, the vehicle on firm ground. Customers are encouraged to accept their first offered delivery date as alternative delivery dates cannot be guaranteed at all times.
14.5 Delivery shall be deemed to take place on the occurrence of the first point in time of any of the following events (‘Deemed Delivery’):
(a) the physical handing over of the Goods to the Customer or its delegated agent at the Delivery Location; or
(b) upon the Supplier placing of the Goods in its own storage facilities at the Customers request; or
(c) upon the Customers failure or refusal to accept delivery.
14.6 In the event of any failure to make delivery or delay in delivery, as well as damage to the Goods in transit or storage (even if caused by the Suppliers negligence) the Suppliers liability shall be governed in accordance with clause 21 of these Conditions. Failed delivery attempts either by the Supplier or its couriers may incur redelivery charges.
14.7 The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customers failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
14.8 If the Customer fails to take delivery of the Goods, then, except where such failure or delay is caused by a Force Majeure Event or the Suppliers failure to comply with its obligations under the Contract:
(a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the day of attempted delivery;
(b) the Supplier shall inform the Customer of the failed delivery by email; and
(c) the Supplier shall store the Goods, at the risk and expense of the Customer, until delivery takes place, and charge the Customer for all related costs and expenses (including insurance, storage and redelivery costs).
14.9 If 28 days after the day on which the Supplier has attempted delivery and subsequently notified the Customer of this failed attempted delivery and that the Goods were ready for delivery, the Customer has not taken delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
14.10 It is the responsibility of ‘The Customer’ to provide free and unobstructed access for product/Goods delivery. If access to your delivery address is restricted, please let us know. Deliveries only include one member of staff and we will deliver your order to the main entrance of the delivery address only. Our drivers will make every effort to deliver the goods as close as possible to the main entrance on the ground floor. If that is not possible due to road surface or other conditions beyond our control, our drivers are instructed to unload the goods beside, or close to, the vehicle on firm ground. Customers are encouraged to accept their first offered delivery date as alternative delivery dates cannot be guaranteed at all times.
15. Quality
15.1 How to tell us about problems. If you have any questions or complaints about the Goods, please contact us. You can telephone our customer service team at or write to us using the details provided within these Conditions.
15.2. If you are a consumer we are under a legal duty to supply Goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Goods. Nothing in these terms will affect your legal rights.
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Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Goods: the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Goods your legal rights entitle you to the following should there be any issues in respect of rot and insect attack only and not in the case of minor defects, including but not limited to, warping and the fading of painted Goods over time, the natural movement or shrinkage in timber, nor any form of neglect or lack of maintenance or unreasonable usage by the Customer, to be determined at the sole discretion of the Supplier and only in cases where the instructions of the Supplier had been adhered to in full (there will be no entitlement to any refund, repair or replacement if the instructions of the Supplier in relation to the Goods and/or Services have not been adhered to in full): up to 30 days: if your goods are faulty, then you can get an immediate refund. Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. You must notify us of defects to any Goods prior to installation. You are formally put on notice of the following potential and likely defects that could arise in relation to the Goods or indeed, that are present on the Goods, so that these are made aware to you explicitly prior to the Contract being formed pursuant to these Conditions: natural colour variations, minor splits, knots, twisting, warping, expanding and shrinkage Please note, in light of this express notification within these Conditions, you will not be able to claim that the Goods are not of satisfactory quality because of the above and therefore, will not be able to reject the Goods, demand a repair of the Goods or indeed a replacement of the Goods, should any of the above arise. As a result, we expressly exclude any and all liability in relation to such advised and notified defects and shall have no liability to you in respect of any of these that arise, have arisen or may arise in relation to the Goods. Upon entering in to these Conditions and forming the Contracts with us, you expressly agree to this disclaimer and exclusion of liability and accept you shall have no rights to claim against us in this regard. |
15.3 Your obligation to return rejected Goods. If you wish to exercise your legal rights to reject Goods where they are faulty only you must either return them in person to where you bought them or post them back to us. We will not pay the costs of postage which will remain your responsibility and liability throughout unless we specifically agreed at our sole discretion, with any such payment of returns being limited to circumstances where the Goods provided are inherently defective in a material way. If we arrange collection, you must bear the costs of such collection and make the Goods available for us to collect within normal working hours 9am-5pm Monday to Friday.
15.4. If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (“warranty period”), any Goods shall: conform in all material respects with their description; and be free from material defects in design, material and workmanship.
15.5. Subject to clause 15.6, if:
(a) you give us notice in writing during the warranty period within a reasonable time of discovery that a Good does not comply with the warranty set out in clause 15.4 and in the case of damage in transit by the carrier, within 48 hours of the date when the Goods would in the ordinary course of events have been received;
(b) we are given a reasonable opportunity of examining such Goods; and
(c) you return such Goods to us at your cost (subject to instances where we confirm to you that we are happy to bear the costs of return for faulty Goods, at our sole discretion throughout for the avoidance of doubt), we shall, at our option, repair or replace the defective Goods with the same or a suitable similar Goods or refund the price of such Goods at the pro rata rate paid by the Customer and the Supplier shall have no further liability to the Customer in respect of such Goods.
15.6 We will not be liable for a Goods’ failure to comply with the warranty in clause 15.4 if:
(a) you make any further use of such Goods after giving a notice in accordance with clause 15.5(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
(c) The defect arises as a result of us following any drawing, design or specification supplied by the Customer;
(d) you alter or repair the Goods without our written consent;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;
(f) the Goods have been tampered with in any way outside of the Supplier’s premises, have been placed in abnormal conditions or used for an extraordinary purpose which was not drawn to the Suppliers attention at the time of purchase, have been subject to misuse, incorrect installation, negligence or accident.
15.7 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
15.8 Except as provided in this clause 15, we shall have no liability to you in respect of a Goods’ failure to comply with the warranty set out in clause 15.4.
15.9 These terms shall apply to any repaired or replacement Goods supplied by us.
16. Title and risk
16.1 The risk in the Goods shall pass to the Customer on completion of delivery. For the avoidance of doubt, the Customer will be responsible for the safekeeping of the Goods during the construction/installation period and title shall only pass upon the completion of construction/installation where applicable and required, unless the construction/installation is being carried out by the Customer directly, in which case, risk shall pass to the Customer on completion of delivery.
16.2 Title to the Goods shall not pass to the Customer until the Supplier has received payment in full (in cash or cleared funds) for the Goods.
16.3 Until title to the Goods has passed to the Customer, the Customer shall:
(a) hold the Goods on a fiduciary basis as the Supplier's Bailee;
(b) store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier's property;
(c) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
(d) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
(e) give the Supplier such information relating to the Goods as the Supplier may require from time to time, and
(f) permit the Supplier to recover the Goods at any time after the date for payment is due and remains outstanding, ensuring access is granted for the Supplier should it wish to collect such Goods.
16.4 If before title to the Goods passes to the Customer the Customer becomes subject to any insolvency or related-event whatsoever, or the Supplier in its sole discretion, reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided that the Goods have not been resold, or irrevocably incorporated into another product/Goods, and without limiting any other right or remedy the Supplier may have, the Supplier may at any time require the Customer to deliver up the Goods and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.
17. Price and payment
17.1 All prices of the Goods are listed in pounds sterling and will be confirmed at the time of an Order being placed for the avoidance of doubt.
17.2 Should there be a change to the price of Goods between the date of acceptance of the Order by the Supplier and the delivery date, the Supplier shall inform the Customer of this and request confirmation of the Customer's agreement to the new, revised price by email or post. The Customer will be able to cancel the order if this is not acceptable, provided said Customer notifies the Supplier in writing within 48 hours of the day on which it receives such e-mail or postal notification regarding the change in price of the Goods. In the event of such cancellation, the Customer shall receive a full refund of the price paid for the Goods as soon as possible, and in any case, within 30 days of the day that notice of cancellation was given by the Customer.
17.3 The Supplier may, by giving notice to the Customer at any time up to 10 Business Days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
(a) any factor beyond the Supplier's control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(b) any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
(c) any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.
17.4 The price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be charged to the Customer at the time of placing the Order and payment in accordance with clause 17.5 and are exclusive of amounts in respect of value added tax (VAT).
17.5 The price of the Goods is payable upon the placing of an Order and will be required before we are obliged to process the Order. Credit terms may be offered at the sole discretion of the Supplier. The Supplier accepts the following cards: Visa, MasterCard, American Express, UK Maestro, JCB/JCL, Switch and Solo. Online payment is not available for bespoke Goods and therefore, the Customer must contact the Supplier with card information via phone, or alternatively make payment by BACS or cheque.
17.6 When the Order is placed on the Supplier's Website, credit card numbers are encrypted using 128 bit encryption. They are only decrypted after they reach the Supplier's system and are not held in clear text on any website.
17.7 1. Interest will be charged on any outstanding account or payment, at a rate of 3% above the base rate of the Bank of England, accruing per month and at all times remains at the Supplier’s sole discretion, calculated from the day the payment in question fell due to the date payment is received in full and cleared funds by the Supplier from the Customer.
18. Guarantee/refund policy
18.1 The majority of the timber that the Supplier uses is only guaranteed in respect of rot and insect attack, for a period of between 12 years to 15 years and in some instances 25 years, depending on what is specified and ultimately, ordered by the Customer, at the sole discretion of the Supplier. In respect of such damaged Goods as a direct result of rot or insect attack, a full refund is not offered but the Supplier will send a replacement for the faulty timber affected by such rot or insect attack, depending on the duration of such guarantee as set by the Supplier is its sole discretion. For example, were a slat of a fence panel is rotten, the Supplier is not obliged to offer a replacement of the whole panel or refund of the cost of the panel but will, should it decide to in its sole discretion, supply a replacement piece of the timber that is affected. To qualify for such guarantee, the following conditions have to apply.
18.2 The timber must:
(a) not have been the subject of misuse, incorrect installation, negligence or accident; or
(b) not have been placed in abnormal conditions or used for an extraordinary purpose which was not drawn to the attention of the Supplier at the time of purchase; or
(c) have been maintained correctly
(d) the timber guaranteed is not applicable on Western Red Cedar posts that have been placed inthe ground.
18.3 All Softwood Goods are supplied either pressure treated with a light green preservative or with a hand applied preservative to help enhance the decorative style and protect the timber from insect infestation, fungal decay and rot. The light green colour will fade as the timber is exposed to weather conditions. A stain can be applied to enhance lifespan and the products/Goods. As with all natural timber products/Goods they will be subject to movement and deterioration as they season. This may become evident with shakes, splits and warping. Timber is a natural product/Goods and these are not considered to be a fault or defect. The Company cannot cover against natural timber defects this includes, colour variations, knot content in timber, any level of deformation or expansion/shrinkage deemed to be normal by the Company. The Company abides by the standard manufacturing tolerances, within the timber trade, of +/- 5mm. If timber is cut or drilled, it must be treated correctly and immediately with a suitable preservative by you. Any claim in this regard must be made in writing to the Supplier as soon as reasonably practical and in any event no later than 14 days after the damage first becomes apparent to the Customer, accompanied with evidence of proof of purchase acceptable to us.
19. Weather
19.1 Wood is a natural product/Goods and therefore susceptible to certain changes in outside environments. Weather changes, i.e. temperature and humidity can cause movement in timbers used outside, this natural movement is normal and is not considered to be a fault or defect.
19.2 This guarantee only covers the cost of replacing the defective timber with identical or comparable timber. Consequential costs, howsoever arising, incurred as a result of replacing the products/Goods are excluded. If the Supplier complies with the terms of our Guarantee, we shall have no further liability to you in respect of such Goods.
19.3 Some natural oils and tannins can discharge from timber, this is a natural occurrence and depending on where the timber is installed, won't be visible, however we have had a small number of instances where the oils and tannins have left stains on painted or rendered walls and tiled/paved terraces. These natural stains can be cleaned using a suitable neutralising cleaner. This will not be a long term problem - as the timber naturally weathers, over a period of 12 - 24 months, it stabilises and the residue stops discharging.
19.4 These conditions do not affect your statutory rights.
20. Shortages or incorrect goods
It is the responsibility of the Customer to check their Order carefully upon receipt. Any shortages or incorrect Goods received must be reported to the Supplier in writing within 48 hours of delivery. The quantity of any consignment of Goods as recorded by the Supplier upon delivery to the Customer shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary. Deviations in quantity of Goods delivered from those stated in any Contracts to which these Conditions apply shall not give rise to a right to reject on the part of the Customer and it shall have no right to claim for damages for breach of Contract but will only be obliged to pay at the contract rate for the quantity of the Goods delivered.
21. Limitation of liability
Our Liability and Responsibility for Loss or Damage suffered by you if you are a Business Customer.
21.1 Nothing in these Conditions shall limit or exclude the Supplier's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products/Goods under the Consumer Protection Act 1987.
21.2 Subject to clause 21.1:
(a) the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any direct or indirect or consequential loss or damages (including without limitation: pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss, costs, damages, expenses or charges whether caused directly or indirectly) arising under or in connection with the Contract;
(b) the Supplier shall accept no liability whatsoever for loss or damage to the Goods in transit or storage unless the same shall be caused by the Supplier's negligence in which event, the Supplier's liability shall be limited to the value of the Goods;
(c) nor shall any delay entitle the Customer to terminate or rescind the Contract;
(d) the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.
21.2 All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Our Liability and Responsibility for Loss or Damage suffered by you if you are a Consumer.
21.3 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
21.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods including the right to receive Goods which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective Goods under the Consumer Protection Act 1987.
21.5 When we are liable for damage to your property. If we are providing installation/construction services in your property in relation to Goods purchased, we will not be liable to make good any damage to your property caused by us while doing so, unless we opt to do so in our sole discretion, or the damage cause is material and not minor (including but not limited to such items as to the damaging of plants, or similar arrangements). However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
21.6 We are not liable for business losses. If you are a consumer we only supply the Goods for to you for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 21.1 and 21.2.
22. Force majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
23. General
23.1 Assignment and other dealings.
The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.
23.2 Notices.
Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, or e-mail.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 24; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by e-mail, one Business Day after transmission.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
23.3 Severance.
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
23.4 Waiver.
A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
23.5 Third party rights. A person who is not a party to the Contract shall not have any rights to enforce its terms.
23.6 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by the Supplier.
23.7 Governing law. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
23.8 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
23.9 Intellectual Property, Design Work and Drawings. All design work, CAD drawings and associated design-related works including the Intellectual Property Rights and Inventions in relation to these (“Design Works”) carried out by the Supplier prior to any Order being placed by the Customer, on the basis of their being an indicated and/or intended (whether verbal or written) intent for the Customer to place an order with the Supplier (as determined by the Supplier in its sole discretion) will have a design fee applied. This will only be invoiced if no formal Order is placed but that said aforementioned Design Works have been carried out by the Supplier. This charge will vary depending on the size of the project and will be confirmed in writing from time to time as applicable by the Supplier. For the avoidance of doubt, such Design Works remain the sole and undisputed property of the Supplier until paid for in full and cleared funds by the Customer in accordance with this clause and the applicable payment provisions of these Conditions. The Customer shall have no right to utilise, refer to otherwise make any use whatsoever out of the Design Work until payment in full has been made to and received by the Supplier in cleared funds. The Customer acknowledges that all Intellectual Property Rights and Inventions in relation to as well as the Design Works themselves subsisting (or which may in the future subsist) in all such Inventions and Design Works shall automatically, on creation, vest in the Supplier absolutely. To the extent that they do not vest automatically, the Customer holds them on trust for the Supplier. The Customer agrees promptly to execute all documents and do all acts as may, in the opinion of the Supplier, be necessary to give effect to this clause 23.9.
24. Contact and Notices
Should the Customer need to contact the Supplier, please email using the address [email protected], alternatively, call on 01255 688 361 or write to 355A Old Road, Clacton-on-sea, Essex CO15 3RQ United Kingdom.
The Supplier reserves the right to give notice to any Customer at either the e-mail or postal address provided to the Supplier when placing an Order. Notice will be deemed received and properly served immediately when posted on the Supplier's Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
25. Disclaimer
25.1 Some natural oils can discharge from Iroko and Western Red Cedar products/Goods during the first 6-12 months after installation. This is a natural occurrence and generally hasn't presented a problem, however we have had a small number of instances where the oils have left stains on painted or rendered walls and tiled/paved terraces. It is not a long term problem - as the timber naturally weathers it stabilises and the residue stops discharging. However, if you have a situation where you think it may be a problem, the panels can be sealed at an extra charge with a clear sealer which will help inhibit this from happening.
25.2 Timber is a natural product and minor defects are expected. Timber is a natural material and if left unfinished will weather and change colour. A seal needs to be applied before exposure to the elements and regular maintenance carried out if not the original colour tones will change to a silvery grey.
25.3 The Supplier source high quality milled lead where specified. While every precaution is taken during the assembly process and patination oil applied prior to delivery, discolouration due to natural oxidisation may occur.
25.4 The Suppliers mirrors (both glass and acrylic) are fixed to ply backing in the Suppliers workshop and are quality checked prior to supplying to Customer to make sure they are as straight as possible. Some bowing and/or flexing (particularly with the acrylic material) may occur over time which is natural and the Supplier cannot be responsible for.
25.5 For paint life expectancy – please refer to the Suppliers’ Trade Resources Section.
25.6 The Supplier will endeavour to colour match where possible but due to the complicated process for mixing paint the Supplier cannot give a 100% guarantee. Please note, the texture of the surface you as the Customer apply the paint to can change the colour.
25.7 Studded posts are suitable only for fixing panels on top of a wall. The wall must be double thickness brick only. For single bricked walls, different fitting methods are required.
26. Supply Only
The Supplier is happy to operate on a supply only basis for all Goods if offers but please note the following additions to the above standard terms and Conditions:
26.1 Unless otherwise agreed, prior to confirmation of an Order the Supplier will either supply a drawing or a list of all Goods, which make up the Order.
26.2 It is the Customer's responsibility to ensure that the Goods quoted for and subsequently ordered are correct. This is regardless of whether the Supplier has conducted a site visit or not.
26.3 The Order confirmation must be signed by the party to whom the invoice will be made out to and this therefore is the Customer of the Supplier.
26.4 It is the Customer's responsibility to ensure that the Goods and any corresponding delivery/construction/installation services supplied are in line with the expectations of any third parties involved on the project (i.e. garden designers, installing contractors etc). Any amendments to or additional items required outside of the drawings or Goods listed as part of the Order confirmation will be chargeable in addition to the price(s) set out within the Order.
26.5 It is the Customer's responsibility to ensure that the delivered Goods are as per the Order and in a satisfactory condition. If the Goods are not signed for by the Customer then it will be deemed that any person accepting the Goods and subsequently signing for them is authorised to do so.
26.6 Goods which are left unsigned for in a pre-agreed place are left at the Customer's risk. The Customer must check the Goods as soon as possible and any damaged items must be reported to the Supplier within 24 hours of Delivery.
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