1.1 The “Buyer” means the person who buys or agrees to buy Goods from the Seller.
1.2 The “Seller” means Garden Structures and Timber Supplies Ltd registered in England and Wales with Company number 4009669
1.3 “Terms and Conditions” means the Terms and Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.
1.4 “Order” means the contract between the Seller and the Buyer for the sale and purchase of Goods in accordance with these Terms and Conditions.
1.5 “Goods” means the goods (or any part of them) set out in the Order.
1.6 A reference to writing or written includes faxes and e-mails.
2 Basis of Contract
2.1 These Terms and Conditions govern the sale of Goods by the Seller to the Buyer. These Terms and Conditions constitute the entire and only agreement between the parties in relation thereto. The Seller’s acceptance of the Order by delivery of the Goods constitutes a legally binding contract between the parties on these Terms and Conditions.
2.2 All orders placed by the Buyer are on the basis of these Terms and Conditions and are subject to acceptance by the Seller by delivery of the Goods to the Buyer at which point a legally binding contract is constituted between the parties. The processing of payment and acknowledgment of the Buyer’s Order does not constitute legal acceptance of the Order.
2.3 These Terms and Conditions supersede all previous terms and conditions issued by the Seller and the Buyer agrees to be governed by them in all matters arising from the purchase of Goods from the Seller.
3 Price and Payment
3.1 The price payable for the Goods is as set out on the Seller’s website at the time the Order is placed.
3.2 Subject to clause 3.3, the Seller must receive payment for the whole of the price of the Goods ordered, and any applicable charges for packaging, insurance and delivery, before the Order can be accepted.
3.3 All prices quoted include VAT at the prevailing rate on the date of despatch.
3.4 Occasionally an error may occur and Goods may be incorrectly priced in which circumstances the Seller will not be obliged to supply the Goods at the incorrect price, but will inform the Buyer of the correct valid price to enable the Buyer to re-order
4 Delivery and Title
4.1 Unless the Buyer tells the Seller it wishes to collect the Goods, the Seller will deliver the Goods in accordance with the Order. A valid signature will be required on collection or delivery.
4.2 Subject to clauses 4.3 and 4.4, title to the Goods will remain with the Seller until such time as all Goods are ready for despatch and paid for in full.
4.3 Title to the Goods shall not pass to the Buyer until the Seller has received payment in full for the Goods and all other sums which are or which become due to the Seller for sales of Goods to the Buyer.
4.4 In the unlikely event that the Buyer has not received all the Goods within 48 hours of the expected date of delivery (or where the Buyer has requested a delayed despatch within 48 hours of the requested despatch date), the Buyer must notify the Seller immediately.
4.5 The Seller will endeavour to deliver the Goods in accordance with the Order within the stated delivery time. In the unlikely event that the Seller does not make the Goods available to the Buyer within 30 days of the Order the Seller will have the option of cancelling the Order by notifying the Buyer accordingly prior to delivery. Before placing the Order, please refer to the delivery options set out in the Seller’s website to ensure that delivery can be made to the Buyer’s address. A valid signature will be required on collection or delivery. The Seller reserves the right to choose to nominate the carrier. In the unlikely event that the Buyer has not received all the Goods within the stated delivery time, the Buyer must notify the Seller immediately. The Buyer must not schedule or commence any installation work until after the Buyer has received its Order and checked all the Goods for any defects or missing parts.
5.1 While the Seller endeavours to hold sufficient stock to meet all orders, if the Seller has insufficient stock to supply or deliver the Goods ordered and paid for by the Buyer, the Seller may, at its discretion, supply or deliver a substituted product or refund to the Buyer the price paid for such Goods as soon as possible and in any case within 30 days.
5.2 Colour and finishes may vary slightly as is dependant on products supplied by manufactures.
6 Returns, Shortages, Damaged Goods & Cancellations
6.1 The Buyer may return any unwanted, faulty or damaged Goods to us within 30 days without any handling charge, providing the Goods, including packaging, are in a re-sellable condition subject to 6.4.
6.2 In the unlikely event of the Order being supplied incomplete or Goods arriving damaged in transit the Buyer must notify the Seller in writing within 7 days of delivery.
6.3 The Seller will refund by the same method of payment used to purchase the Goods.
6.4 The Seller is unable to accept the return of any non-standard special product that has been supplied correctly in accordance with the Buyer’s instructions.
6.5 The Buyer may cancel its order by giving the Seller notice of cancellation within 7 days of the date of delivery to the Buyer. Such notice may be given by phone, mail, fax or email. If the Buyer is canceling because of any problem with the Goods, please notify the Seller of the problem at the time of cancellation.
6.6 On cancellation for whatever reason, the Buyer must return the Goods to the Seller at the Buyer’s cost unless the Seller agrees that the Buyer may dispose of them in which case please comply with the manufacturer’s instructions before disposing of hazardous Goods. Where the Goods are being returned because they are faulty, incorrect Goods or because of unsuitable substitution by the Seller, the Seller will meet the cost of return and the Seller can nominate the carrier.
7.1 If the Buyer has notified the Seller of a problem with the Goods within 7 days of delivery, the Seller will (subject to clause 5) either make good any shortage or non-delivery; replace or repair any Goods that are damaged or defective upon delivery; or refund to the Buyer the amount paid by the Buyer for the Goods in question.
7.2 The Seller shall have no liability to pay any money to the Buyer by way of compensation other than any refund the Seller makes under these Terms and Conditions. The Seller’s liability to the Buyer shall not in any event include losses related to any business of the Buyer, such as loss of profits or business interruption; neither will the Seller be responsible to the Buyer for any other loss which is not a foreseeable consequence of the Seller being in breach of these Terms and Conditions or its legal duties. The Seller’s total liability to the Buyer in respect of all other losses arising under or in connection with this agreement shall not exceed the price of the Order.
7.3 This does not affect your statutory rights, nor is it intended to exclude the Seller’s liability to the Buyer for fraudulent misrepresentation or for death or personal injury resulting from the Seller’s negligence or any matter in respect of which it would be unlawful for the Seller to exclude or restrict liability.
7.4 Goods are intended for use in the UK only and the Seller cannot confirm that the Goods comply with any laws, regulations or other standards applicable outside the UK. All Goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the Goods.
7.5 Subject to Clause 7.3, the Seller will not be responsible to the Buyer or, in the event that the Buyer is undertaking work for another person, to any other person, for the use or installation of any Goods by the Buyer. Accordingly, if the Buyer is a trade customer, the Buyer hereby agrees to hold the Seller harmless, and indemnify the Seller against any liability associated with, any claim or allegation that the Seller is responsible for any failings in the installation or use of Goods that the Seller suppl
8 Force Majeure
In the event that the Seller is prevented or delayed from carrying out its obligations under this agreement as a result of any cause beyond its control such as but not limited to acts of God, war, strikes, lockouts, flood and failure of third parties to deliver Goods, the Seller shall be relieved of its obligations and liabilities under such agreement for as long as such fulfilment is prevented.
9 Health and Safety
9.1 By purchasing from the Seller the Buyer acknowledges that it is aware of all health and safety requirements pertaining to the products and their application.
9.2 By purchasing from the Seller the Buyer assumes full liability for the consequences of its actions and acknowledges that the Buyer is obliged to report any misuse or abuse of the Sellers’ products and/or services.
10. Age Requirement for Specific Goods
Where the Buyer places an Order for age-restricted Goods such as solvents and knives, the Buyer confirms that it is over the age of 18 and that delivery will be accepted by a person over the age of 18. The Seller reserves the right to cancel the Order if the Seller reasonably believes the Buyer is not legally entitled to order certain Goods.
11. Disposal of electrical and electronic equipment
The WEEE regulations (January 2007) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). If the Buyer is a trade customer, the Buyer agrees that the collection, recovery/treatment and disposal of non household electrical or electronic equipment purchased from the Seller will be the Buyer’s responsibility. In the case of household waste, please take this waste to the Buyer’s nearest Designated Collection Facility (DCF) where special facilities exist for correct disposal.
12.1 If any provision of these Terms and Conditions is invalid, illegal or unenforceable (including any provision in which the Seller excludes its liability to the Buyer) that provision shall, to the extent required, be deemed to be deleted and the validity, legality or enforceability of any other part of these Terms and Conditions will not be affected.
12.2 Where any terms or conditions may be valid by the inclusion or exclusion of one or more conditions it will be considered that those amendments have taken place with the minimum modification necessary.
12.3 This contract and any dispute or claim arising out of or in connection with it shall be governed by and interpreted in accordance with English law, the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
12.4 These Terms and Conditions constitute the entire agreement between the parties. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Order.
12.5 A person who is not a party to the contract shall not have any rights under or in connection with it.
12.6 The Seller will retain and use the Buyers personal data for the purpose of advertising, marketing and its administration in accordance with the Data Protection Act 1998 unless you notify the Seller in writing otherwise. We may disclose your information to our service providers for these purposes.
Drawings, photographs, part numbers, layout and style are all considered the property of the Seller. Reproduction in whole, or in part, is strictly prohibited without prior written permission of the Seller. Quantities and measurements are approximate. All trademarks are acknowledged. Exact products may vary from those shown.
© Garden Structures and Timber Supplies ltd