2.0: ORDERING FROM US
You
are deemed to have placed an order with us by ordering via our on-line
checkout process or via telephone ordering system. As part of our
checkout process you will be given the opportunity to check your order
and to correct any errors prior to confirming the order. Once
completed, we will send you an order acknowledgement detailing the
products you have ordered and the pricing to the e-mail address
provided during the ordering process. The order is only accepted by www.buygardenfurnituredirect.co.uk upon dispatch of the ordered goods and confirmed
via a dispatch confirmation e-mail even if your payment has been
processed immediately. Payment for goods dispatched over 21 days
following order will be taken 7 days prior to dispatch i.e. Some Garden Furniture Sets can take up to 28 days for delivery and payment may be
taken upon ordering. We will notify you by phone or e-mail if we
cannot accept your order or if you cancel the order prior to dispatch.
2.1: We may refuse to accept an order:
a) Where goods are not available
b) Where we cannot obtain authorization for your payment
c) If there has been a pricing or description error
d) If you do not meet any eligibility criteria set out in our terms and conditions
3.0: PRICING
3.1:
Where we charge separately for shipping, the appropriate rates are set
out in out pricing structure shown under the Customer Services tab on
the homepage
3.2: Should an incorrect price be displayed, www.buygardenfurnituredirect.co.uk reserves the right to refuse orders as set out in ‘Ordering From Us’ (above).
3.3:
All prices quoted by the Company are only valid at the time of contract
and are exclusive of any other matters unless otherwise agreed and may
be changed at any time.
3.4:
The Company reserves the right to revise the quoted price in the event
of unforeseen and extraordinary expenses for the Company appertaining
the goods
3.5: VAT -
All
prices stated include VAT at the applicable rate. For orders made
outside of the UK all orders will be charged including the applicable
UK rate of VAT. Any UK VAT paid can then be claimed back through your
home country
4.0: DELIVERY
4.1: Delivery is deemed to be successful once the products have arrived at the address provided for delivery.
4.2:
Signatures are not necessarily required as proof of delivery however
machinery and furniture orders will require a signature due to the high
value of the goods.
4.3:
If a signature is required you should check the number of cartons and
state of the inspecting the contents of the goods before signing.
Should there be any shortages or damages, these must be notified to www.buygardenfurnituredirect.co.uk by e-mail – sales@buygardenfurnituredirect.co.uk within 5 days of delivery.
4.4:
Other products may be left at the recipients address without a
signature except where the customer has specified that it must not be
left in their absence. If this option is requested, and goods are left
unsupervised www.buygardenfurnituredirect.co.uk will not accept liability for the goods.
4.5:
Once delivered the responsibility for the product is deemed to be the
cardholder’s and any loss or damage to the product is then at your own
risk. This is particularly notable when deliveries are made to
public/work places such as hospitals, hotels etc where the signature of
any authorized body is deemed to be proof of delivery
4.6:
The Free delivery (on many products) offer is available to the vast
majority of the UK (exceptions may apply for delivery to the Scottish
Highlands, UK islands and Northern Ireland) however if a delivery will
attract an additional shipping fee then we will contact you first in
order to confirm that you still wish to continue the order. Any
additional fees due will be charged at cost.
4.7:
The company will not accept any liability for late delivery of the
goods and delivery time will not be of the essence of the contract no matter what details are included within the delivery.
4.8: The Company will not accept liability for non-delivery, where this is caused by circumstances beyond its control.
4.9:
In the case of a delivery being refused or aborted at the delivery
address, we reserve the right to charge for a second delivery as the
delivery charge is only valid for the first delivery attempt.
4.10:
Garden furniture & garden structures will be quoted for re-delivery
and will usually be around £45. A delivery date will be booked in to
allow time to accept the delivery.
5.0: CANCELLATION, RETURNS POLICY
We
aim to offer a no hassle returns policy however our cancellation and
return policy varies slightly between our many varied product ranges as
set out below:
5.1: General Cancellation and Returns Information:
These general terms and conditions apply to all purchases from www.buygardenfurnituredirect.co.uk unless specifically expressed in the prodct specific return as laid out below
5.1: If you wish to cancel your order please e-mail your details and order reference to sales@buygardenfurnituredirect.co.uk or call 08456 431529. Any order cancellation must be made in writing
prior to dispatch and once dispatched the returns policy is as set out
below in for the various product categories.
5.2:
So as to comply with the UK Distance Selling Regulations, all orders
(except custom made products i.e. Haddonstone products) have a ‘Seven
Day Cooling Off Period’. The cardholder is liable to all return
shipping costs under this right, please contact our team for advice if
you wish to exercise this right.
5.3:
In addition, all returned / exchanged products (including the boxes)
must be in their ORIGINAL CONDITION i.e. NOT WORN, ALTERED or WASHED,
and they must be in their ORIGINAL PACKAGING. N.B. - DO NOT TAPE UP, OR
WRITE ON BOXES. They must also be suitably packaged. Customers are
advised to obtain and complete a 'certificate of postage' form stamped
by the Royal Mail before returning item. Responsibility of the goods
remains that of the customer until safely received by www.buygardenfurnituredirect.co.uk and buygardenfurnituredirect.co.uk accepts no liability for goods lost or damaged in transit back to our warehouse.
5.4:
Any item that arrives damaged will be collected and replaced within a
reasonable period of time (we strive for next day delivery and
replacement for many items). All damages / defects must be reported
within 5 days from the date of delivery
5.5: Product Specific Returns Information:
5.6: Garden wear / Wellington's etc.:
5.7:
If when you receive your garden boots you decide for any reason that
you don't want them (or if they are the wrong size) you can return them
for a refund or exchange them for another pair.
5.8: The original customer / cardholder will be liable for return postage of the product to www.buygardenfurnituredirect.co.uk and in the case of exchange of product style/size being requested by
the customer, customer is liable for the additional postage costs of
£4.95 per pair of boots.
5.9:
If a customer returns a product without requesting a replacement, then
a refund of the cost of the product will be made back to the customer’s
account minus £4.95 administration and re-stocking fee
To
return a pair of wellington boots please simply contact the sales team
as listed above who will assist you in the returns process.
5.10: Garden Tools and Machinery:
If
you wish to return an item of machinery it must be in Re-saleable
condition and unused. If an item of machinery is purchased wrong or the
customer / cardholder simply wishes to exercise their 7 day return
policy the original card used for payment will be credited with the
full amount, minus an administration fee of £10 for smaller items.
Administration fee’s for item’s over a retail value of £199 will be
upon quotation. For smaller items the customer can return the item
themselves and the re-stocking fee of £4.95 will be debited from the
original amount to be refunded.
5.11: Furniture and garden structures
Any
returns of garden furniture or garden structures due to defects or
damages must be notified within 5 days from delivery. The damaged items
will be replaced within a reasonable period of time and at no cost to
the customer. We may however require photographic evidence of the
damage / defect before any replacement / collection can be instigated.
If
a customer wishes to exercise their right to return the product under
our 7 day return procedure, the return carriage can be arranged by www.buygardenfurnituredirect.co.uk the cost of which will be debited from the original amount paid prior to any refund and will be quoted at cost.
Please contact our team who will assist in either of these procedures
6.0: WARRANTIES
Due to the vast range of products www.buygardenfurnituredirect.co.uk supplies there are varying warranties applied to different product ranges as set out below:
6.1: All warranties and assistance provided by www.buygardenfurnituredirect.co.uk is done so in addition to your statutory rights.
6.2: www.buygardenfurnituredirect.co.uk supplies a wide range of high quality garden & Leisure machinery
products, many of which are of established brands. Each individual
manufacturer provides their own warranty for the individual products
and details of these can be found either within the product
descriptions, and with the delivered products. During the warranty
period of a product, should you have any problems you are entitled to
have the said products inspected by the manufacturers agent. In order
to inspect the product under warranty you may be required to take the
said product to your nearest manufacturers agent. Any fault deemed by
the agent to the under warranty will be rectified by the manufacturing
agent.
6.3:
Works undertaken during this warranty / guarantee period are not
necessarily free of charge and will be subject to the following
limitations:
a)
If the problem is deemed by the manufacturer’s agent to be due to wear
and tear or misuse (including commercial use of a domestic product)
rather than a manufacturing fault, then charges may be made for
rectification. Should there be any claim against this from the customer
in this regard then their issue should be taken up with the
manufacturer directly and not www.buygardenfurnituredirect.co.uk
b)
Many products come with a warranty registration card upon delivery,
This must be completed and registered with the manufacturer for any
warranty to be valid.
c) Should the manufacturers agent conclude that the repair is the customers responsibility, the customer will in no way hold www.buygardenfurnituredirect.co.uk responsible. Where a customer has a guarantee / warranty issue we will endeavour to assist wherever practically possible.
6.4: Product Specific additional Warranty Details:
6.4a: Machinery and Tools:
Where an item of machinery is deemed to have the warranty void in any way or a fault is deemed by the manufacturers agent, www.buygardenfurnituredirect.co.uk reserve the right to charge the original cardholder at cost for any inspection costs incurred by ourselves.
6.4a: Garden wear / Wellingtons etc:
-
Our product guarantee period is six months from the date of purchase.
Proof of purchase must be provided and warranty does not cover goods
used inappropriately or through extreme weather conditions.
- The www.buygardenfurnituredirect.co.uk must be allowed the opportunity to view the goods and alleged fault by
photographic evidence or returning the product, as appropriate.
- www.buygardenfurnituredirect.co.uk accepts no responsibility or liability for products damaged in adverse weather conditions including windy weather.
-
Occasionally boots may contain blemishes in pattern print which occurs
during manufacture. This will not affect the overall performance or
quality of the item and does not constitute a defective product and
therefore will not entitle the purchaser to a refund.
6.4a: Garden wear / Wellingtons etc:
- Garden furniture warranties are as per the manufacturer warranty. Any damages upon delivery will be resolved by www.buygardenfurnituredirect.co.uk and after the first 30 this becomes a manufacturers warranty. We will of course however assist in resolving any issues you have with the manufacturer directly if requested.
7.0: LICENCE
You are permitted to print and download extracts from this Website for your own use on the following basis:
a) No documents or related graphics on this Website are modified in any way;
b) No graphics on this Website are used separately from accompanying text.
7.1:
Unless otherwise stated, the copyright and other intellectual property
rights in all material on this Website (including without limitation
photographs and graphical images) are owned by us or our licensor's. For
the purposes of these terms and conditions, any use of extracts from
this Website other than in accordance with that stated above for any
purpose is prohibited.If you breach any of the terms in these terms and
conditions, your permission to use this Website automatically
terminates and you must immediately destroy any downloaded or printed
extracts from this Website. No part of this Website may be reproduced
or stored in any other website or included in any public or private
electronic retrieval system or service without our prior written
permission.
Any rights not expressly granted in these terms are reserved.
8.0: SERVICE ACCESS
While
we endeavour to ensure that this Website is normally available 24 hours
a day, we will not be liable if for any reason this Website is
unavailable at any time or for any period. Access to this Website may
be suspended temporarily and without notice in the case of system
failure, maintenance or repair or for reasons beyond our control.
9.0: LINKS TO AND FROM OTHER WEBSITES
Links to and from this website are provided solely for your convenience. If you use these links, you leave this website and so www.buygardenfurnituredirect.co.uk accepts no responsibility. We have not reviewed all of these third part
websites and do not control and are not responsible for these websites
or their content or availability. We therefore do not endorse or make
any representations about them, or any material found there, or any
results that may be obtained from using them. If you decide to access
any of the third party websites linked to this Website, you do so
entirely at your own risk.
If
you would like to link to this Website, you may only do so on the basis
that you link to, but do not replicate, this Website, and subject to
the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of the www.buygardenfurnituredirect.co.uk logo
(b) You do not create a frame or any other browser or border environment around this Website
(c) You do not in any way imply that we are endorsing any products or services
(d) You do not misrepresent your relationship with us nor present any other false information about us
(e) You do not otherwise use any www,buygardenfurnituredirect.co.uk trade marks displayed on this Website without our express written permission
(f) You do not link from a website that is not owned by you
(g)
Your website does not contain content that is distasteful, offensive or
controversial, infringes any intellectual property rights or other
rights of any other person or otherwise does not comply with all
applicable laws and regulations.
9.1:
We expressly reserve the right to revoke the right granted in this
clause for breach of these terms and to take any action we deem
appropriate. You shall fully indemnify us for any loss or damage we or
any of our group companies may suffer or incur as a result of your
breach of this link liability clause.
10.0: REGISTRATION
To register with www.buygardenfurnituredirect.co.uk you must be over eighteen years of age. Each registration is for a
single user only. We do not permit you to share your user name and
password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you
and if you know or suspect that someone else knows your password, you
should contact us immediately. We may suspend or cancel your
registration immediately at our reasonable discretion or if you breach
any of your obligations under these terms and conditions.
11.0: DISCLAIMER
While
we endeavour to ensure that the information on this Website is correct,
we do not warrant the accuracy and completeness of the material on this
Website. We may make changes to the material on this Website, or to
the products and prices described in it, at any time without notice.
The material on this Website may be out of date, and we make no
commitment to update such material. The material on this Website is
provided “as is” without any conditions, warranties or other terms of
any kind. Accordingly, to the maximum extent permitted by law, we
provide you with this Website on the basis that we exclude all
representations, warranties, conditions and other terms (including,
without limitation, the conditions implied by law of satisfactory
quality, fitness for purpose and the use of reasonable care and skill)
which but for these terms and conditions might have effect in relation
to this Website.
With regards to the use of products obtained via our site www.buygardenfurnituredirect.co.uk
all products should be used and operated as specified in the
accompanying instructions and advice. Always ensure users of machinery
are competent and using the appropriate safety / protective clothing
i.e. chainsaws should be used with the appropriate cut stop trousers,
gloves, boots and include eye protection etc.
When purchasing the
outdoor toys i.e. trampolines, we advise using the accompanying safety
nets etc. whilst under adult supervision at all times.
12.0: LIABILITY
We,
any other party (whether or not involved in creating, producing,
maintaining or delivering this Website), and any of our group companies
and the officers,directors, employees, shareholders or agents of any
of them, exclude all liability and responsibility for any amount or
kind of loss or damage that may result to you or a third party
(including without limitation, any direct, indirect, punitive or
consequential loss or damages, or any loss of income, profits,
goodwill, data,contracts, use of money, or loss or damages arising from
or connected in any way to business interruption, and whether in tort
(including without limitation negligence), contract or otherwise) in
connection with this Website in any way or in connection with the use,
inability to use or the results of use of this Website, any websites
linked to this Website or the material on such websites, including but
not limited to loss or damage due to viruses that may infect your
computer equipment, software, data or other property on account of your
access to, use of, or browsing this Website or your downloading of any
material from this Website or any websites linked to this Website.
12.1: Nothing in these terms and conditions shall exclude or limit our liability for
(i) Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977)
(ii) Fraud
(iii) Misrepresentation as to a fundamental matter
(iv) Any liability which cannot be excluded or limited under applicable law.
12.2:
If your use of material on this Website results in the need for
servicing, repair or correction of equipment, software or data, you
assume all costs thereof. You agree to indemnify us fully, defend and
hold us, and our officers, directors, employees and agents, harmless
from and against all claims, liability, damages, losses, costs
(including reasonable legal fees) arising out of any breach of the
terms and conditions by you, or your use of this Website, or the use by
any other person using your registration details.
13.0: GOVERNING LAW AND JURISDICTION
13.1:
These terms and conditions shall be governed by and construed in
accordance with the lawns of England and Wales. Disputes arising in
connection with these terms and conditions shall be subject to the
exclusive jurisdiction of the English courts.
13.2:
We do not warrant that materials/items for sale on the Website are
appropriate or available for use outside the United Kingdom. It is
prohibited to access the Website from territories where its contents
are illegal or unlawful. If you access this website from locations
outside the United Kingdom, you do so at your own risk and you are
responsible for compliance with local laws.
14.0: MISCELLANEOUS
You
may not assign, sub-license or otherwise transfer any of your rights
under these terms and conditions. If any provision of these terms and
conditions is found by any court of competent jurisdiction to be
invalid, the invalidity of that provision will not affect the validity
of the remaining provisions which shall continue to have full force and
effect.Only the parties to these terms and conditions may seek to
enforce them under the Contracts (Rights of Third Parties) Act 1999