TERMS AND CONDITIONS OF BUSINESS CONTRACTS CONCLUDED OFF PREMESIS
Please read these Terms carefully and make sure that you understand them, before ordering any Products and/or Services. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products and/or Services from us. We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products and/or Services, please check these Terms to ensure you understand the terms which will apply at that time.
1. INFORMATION ABOUT US
1.1 We operate the website www.abberleygardenbuildings.co.uk. We are Abberley Garden Buildings, a company registered in England and Wales with our registered office at Unit 7 Ball Mill Top Business Park, Hallow, Worcester WR2 6LS. Our main trading address is Oldfields of Ombersley, Main Road, Ombersley, Nr Droitwich, Worcestershire, WR9 0JG.
1.2 Contacting us:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 7, you just need to let us know that you have decided to cancel. You can do this by emailing us at email@example.com or contacting us by telephone on 01299 622558 or by posting a letter of cancellation to Oldfields of Ombersley, Main Road, Ombersley, Nr Droitwich, Worcestershire, WR9 0JG. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephone on 01905 622558 or by emailing us at firstname.lastname@example.org.
(c) If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
2 2. OUR PRODUCTS
2.1 The images of the Products on or in our website and/or brochure and/or catalogue and/or leaflets are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, because our Products are handmade, all Product sizes, weights, capacities, dimensions and measurements are approximate only. We endeavour to make sure that sizes and measurements are as accurate as possible, but no guarantees can be given.
2.3 We make made-to-measure and personalised Products according to the measurements and specifications you provide us. Please make sure your measurements and specifications are correct and accurate. Unfortunately, we cannot accept the return of made-to-measure and personalised Products. However, this will not affect your legal rights as a consumer in relation to made-to-measure and personalised Products that are faulty or not as described. Advice about your legal rights is available at your local Citizen's Advice Bureau or Trading Standards office.
2.4 If we design a Product for you, we will own the copyright, design right and all other intellectual property rights in the Product and any drafts, drawings or illustrations we make in connection with the Product for you.
2.5 You may only purchase Products and Services if you are at least 18 years old.
3. USE OF OUR WEBSITE
Your use of our website is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 You may place an order with us by emailing us at email@example.com or calling us on 01905 622558.
5.2 We will confirm our acceptance of your order by sending you confirmation by email or post (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation. Advertising material, catalogues, brochures, leaflets and website content will not form part of any Contract.
5.3 If we are unable to supply you with Products or Services for any reason, we will inform you of this by e-mail or post and we will not process your order. If you have already paid for the Products or Services, we will refund you the full amount including any delivery and other costs charged as soon as possible.
6. OUR RIGHT TO VARY THESE TERMS
6.1 Every time you order Products or Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.2 We may revise these Terms as they apply to your order from time to time to reflect, among other things, changes in relevant laws and regulatory requirements.
6.3 If we revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you opt to cancel, you will have to return any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. YOUR RIGHT OF RETURN AND REFUND
7.1 Subject to clause 7.2, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2 However, this cancellation right does not apply in the case of: (a) all made to measure and/or personalised timber framed buildings; (b) all timber framed buildings which have been removed from their packaging and/or erected and/or altered in any way (including, without limitation, by the application of paint or any chemical or other product).
7.3 Subject to clause 7.2, your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between us is formed. Your 4 deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below: Your Contract End of the cancellation period Your Contract is for a single Product (which is not delivered in instalments on separate days). The end date is the end of 14 days after the day on which you receive the Product. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
- one Product which is delivered in instalments on separate days.
- multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
7.4 To cancel a Contract, you just need to let us know that you have decided to cancel. You can do this by emailing us at firstname.lastname@example.org or contacting us by telephone on 01905 622558 or by posting a letter of cancellation to Oldfields of Ombersley, Main Road, Ombersley, Nr Droitwich, Worcestershire, WR9 0JG. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
7.5 Subject to clause 7.2, if you cancel your Contract we will:
(a) refund you the price you paid for the Product and/or Services. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling of them.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive 5 delivery method we offer (provided that this is a common and generally acceptable method).
(c) make any refunds due to you as soon as possible and in any event in accordance with statutory requirements.
7.6 Subject to clause 7.2, if a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract;
(b) you will be responsible for the cost of returning the Products to us. We estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
7.7 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.1 We will contact you with an estimated delivery date, which will be within 90 days after the date of the Order Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens. If you have asked to collect Products from our premises, you can collect the Products during our normal working hours. Please contact us to confirm our normal working hours.
8.2 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. In this case, you will incur additional delivery fees. Alternatively, we may leave the Products at your address for self assembly by you.
8.3 Delivery of an order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
8.4 You own the Products once we have received payment in full, including all applicable delivery and other charges. 6
8.5 If we miss the 90 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
8.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause
8.5, you can give us a new deadline for delivery, which must be reasonable (and which, in any case, must not be less than 90 days from the date on which you give us the new deadline), and you can cancel your order if we do not meet the new deadline.
9. NO INTERNATIONAL DELIVERY
9.1 Unfortunately, we do not deliver to addresses outside the UK.
9.2 You may place an order for Products and/or Services from outside the UK, but this order must be for delivery to an address in the UK.
10. PRICE OF PRODUCTS AND SERVICES AND DELIVERY CHARGES
10.1 The prices of the Products and Services will be as quoted at the time you submit your order. We take all reasonable care to ensure that the prices of Products and Services are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered. All price quotes are open for acceptance by you for 14 days from the date of the quote.
10.2 Prices for our Products and Services may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product and Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products and Services in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges will be as quoted before you submit your order.
10.5 It is always possible that, despite our reasonable efforts, some of our Products and Services may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
11. PROVIDING SERVICES
11.1 We will make reasonable efforts to complete the Services (where applicable) on the date set out in the Order Confirmation. However, there may be delays due to an Event Outside Our Control.
11.2 We will supply the Services using reasonable care and skill.
12. YOUR OBLIGATIONS
12.1 You shall:
(a) co-operate with us in all matters relating to the supply of the Products and Services;
(b) provide us and our employees, agents, consultants and subcontractors, with access to your premises, as reasonably required, to provide the Services;
(c) provide us with such information and materials as we may reasonably require to supply the Products and Services, and ensure that such information is accurate in all material respects;
(d) prepare your premises for the supply of the Products and Services in accordance with our instructions including, without limitation, to ensure that: (i) there is a level foundation for the erection of the Products with a 4 inch minimum depth (such base may either be concrete, slabbed, timber framed (minimum of 6 inches × 2 inches timber tanalised) or concrete beamed (minimum of 4 inches × 4 inches concrete fence posts)) (the Foundations), and you acknowledge that we will be unable to erect the Products on an uneven surface or a gravel or hardcore base; (ii) such Foundations are 2 inches larger than the base specification of the Products; and (iii) there is a space of no less than 1 ft between the Foundations and any trees, fences, branches, bushes or other obstacles;
(e) ensure that there is sufficient parking for the supply of the Products and the following access requirements (to the exact position at where the Products are to be delivered and/or erected), being our minimum access requirements, are met: (i) minimum height clearance of 8 feet and 6 inches; (ii) minimum width clearance of 3 feet; (iii) no tight angles or corners with clearance of less than 12 feet; (iv) no obstructions such as walls, garages, fences, hedges, steps and/or dwarf walls; (f) obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to be provided.
12.2 If our delivery of the Products and/or performance of the Services is prevented or delayed by any act or omission by you or your failure to perform any relevant obligation (including, without limitation, those in clause 12.1 above) (Customer Default):
(a) we shall, without limiting our other rights or remedies, have the right to leave the Products at the delivery location for self assembly by you, and to rely on the Customer Default to relieve us from the performance of any of our obligations to the extent the Customer Default prevents or delays performance of any of our obligations;
(b) we shall not be liable for any costs or losses sustained or incurred by the you arising directly or indirectly from the our failure or delay to perform the Services and we shall have the right to charge the full amount for the provision of the Services (including where Products are left for self assembly in accordance with clause 12.2(a));
(c) you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.
13. HOW TO PAY
13.1 You can only pay for Products in cash or in cleared funds to a bank account nominated by us.
13.2 Payment for the Products and all applicable delivery charges is in advance or on delivery.
13.3 If you fail to make any payment by the due date for payment, you shall pay interest on the overdue amount at the rate of 4% per annum above Barclays Bank plc's base rate from time to time. Such interest shall accrue on a daily basis from the due date 9 until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
14. OUR LIABILITY TO YOU
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
14.2 If we are installing the Products and/or providing Services in your property, we will make good any damage to your property caused by us in the course of installation or performance. However, we are not responsible for the cost of repairing any preexisting faults or damage to your property that we discover in the course of installation and/or performance by us.
14.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or Product damage which arises as a result of fair wear and tear or wilful damage or negligence or Customer Default (including, without limitation, failure to prepare your premises in accordance with clause 12.1(d)) or natural characteristics of timber including changes to timber that result from different environmental conditions (e.g. changes in colour, surface, splits and shrinkage).
14.4 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
14.5 Subject to clause 14.4, our total liability to you in respect of all 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 Products.
14.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products or the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products and/or Services are suitable for your purposes.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract or any damage to a Product that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects our performance of Services to you, we will start or restart (as applicable) the Services as soon as reasonably possible after the Event Outside Our Control is over.
16. COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to "in writing", this will include e-mail.
16.2 You may contact us as described in clause 1.2. 11 17.
OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 These Terms do not affect your statutory rights.
17.7 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.