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These Terms and Conditions apply for all purchases made online from
the
GardenFurnitureDirect.co.uk Store (part of Leisure Furniture Limited).
All orders are subject to our full terms and conditions
described below.
Nothing in these conditions affects your statutory rights as a consumer.
"Buyer" means
the person who buys or agrees to buy the Products from the Seller,
GardenFurnitureDirect.co.uk.
"Conditions" means the terms
and conditions of sale set out in this document and any special
terms and conditions agreed in writing by the Seller.
"Delivery date" means the
date specified by the Seller when the Products are to be delivered.
"Products" means those goods
specified.
"Price" means the price for
the Products, including packing and VAT.
"Seller" means Leisure Furniture
Ltd.
"Consumer" shall bear the
meaning ascribed in section 12 Unfair Contract Terms Act 1977.
2. Conditions Applicable
2.1
Nothing in these conditions shall
affect the buyer's statutory rights as a consumer.
2.2
The Seller shall sell and the Buyer shall
purchase the products in accordance with any written quotation
of the Seller which is accepted by the Buyer, or any written
or verbal order of the Buyer which is accepted by the Seller
including but not limited to orders placed using the Seller's electronic online ordering service, subject in any case to these
conditions, which shall govern the contract to the exclusion
of any other terms and conditions subject to which any such
quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
2.3
Any typographical or clerical or other error
or omission in any sales literature, quotation, price list,
acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without
any liability on the part of the Seller.
2.4
If any provision of these conditions is adjudged
invalid or unenforceable in whole or in part the validity of
the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
2.5
If the Seller does not have sufficient stock
to be able to deliver the goods ordered by the Buyer then any
sum paid by the Buyer will be refunded or re-credited to your
account and the Seller will notify you at the address given
by you in your order form. The refund will be made as soon as
possible and, in any event, within 30 days of your order and
the Seller will not be obliged to offer any compensation for
disappointment suffered.
3. The Price and Payment
Save as provided otherwise herein
the Price shall be that as stipulated in the Seller's published
price list current at the date of order of the Products. Any
event of any increase in the cost to the Seller of raw materials,
labour, overheads, or any increase in taxes or duties, or any
variation in exchange rate the Seller may increase the Price
payable under the contract upon written notice. If the seller
gives notice of price increase, the buyer shall have the right
to cancel the order and receive back any sums they have paid.
The seller must receive notice of cancellation in writing within
seven days of delivery of the notice of price increase to the
buyer.
3.2
Payment of the Price shall be due at the
date of the order. Time for payment shall be of the essence.
If the Buyer does not pay the Price on notification of shipment
the Seller may bring an action for the Price even though property
in the Products has not been passed to the Buyer. If the Buyer
fails to make payment as required the Seller may suspend delivery
of the Products or any further Products ordered until payment
is made in full.
3.3
Interest on overdue invoices shall accrue
from the date when payment becomes due from day to day until
the date of payment at the rate of 2% above Barclays Bank Plc's
base rate from time to time in force and shall accrue at such
a rate after as well as before any judgment.
4. The Products
4.1
The quantity and description
of the Products shall be set out in the Seller's quotation.
4.2
The Seller may make any changes in the specification
of the Products, which do not materially affect their quality
or performance required to conform with any applicable statutory
requirements where the Products are supplied to the Seller's
specification.
4.3
Photographs are for illustrative purpose
only, and may not exactly match the product itself.
5. Warranties and Liability
5.1
All goods supplied by the Seller
come with a manufacturer's warranty of at least 12 months.
5.2
The Seller shall provide the Buyer with such
information as is required to claim under the manufacturer's
warranties. In the event of a claim, the Buyer shall in the
first instance contact the Seller's customer service department.
5.3
The Seller does not provide any warranty
cover against defects in his own right.
5.4
If the Buyer is dissatisfied with his purchase
for any reason he may, within fourteen days of delivery, contact
the Seller's customer service department to arrange for collection
of the goods at the Seller's expense. Any money, which you have
paid, will be refunded within 30 days provided that the Seller
receives the goods in the same condition they were in at the
time of delivery to you. The Buyer's account shall then be credited
with the full purchase Price of the goods. This credit may be
used to buy items from the Seller's online catalogue. It may
alternatively be exchanged for a refund.
5.5
Except where the Buyer acts as a Consumer
all other warranties, conditions and terms relating to fitness
for purpose, satisfactory quality or conditions of the products
whether implied by statute or common law or otherwise are excluded
to the fullest extent of the law.
5.6
Insofar as is permitted by law, our only
liability to you under these terms and conditions will be, at
our sole discretion, to make good any shortage or non-delivery,
to replace or repair any goods which are received by you in
a damaged or defective state or to refund to you any sums actually
paid by you for the goods in question. We will not be liable
to you for any indirect or consequential loss or damage arising
out of any problem you notify to us and will have no liability
to you for any failure or delay in delivering goods or any damage
or defect in goods delivered which is caused by any event or
circumstance which is beyond our reasonable control. Nothing
in this Clause 5 affects your statutory rights as a consumer.
6. Delivery
6.1
Delivery of the products shall
be made by the Seller or his agent notifying the Buyer that
the products are available for collection at the Sellers premises
or for delivery to such place as the Buyer may specify at the
time the order is placed.
6.2
The Seller shall use his reasonable endeavors
to meet any date agreed for delivery.
6.3
In any event time of delivery shall not be
of the essence.
6.4
The Seller shall not be liable for any delay
in delivery howsoever caused.
6.5
In the case of goods purchased by credit
card, those goods can only be shipped to the credit card holder's
address (in order to protect you, we carry out extensive checks
to ensure that your card is not being used fraudulently) and
must be signed for on delivery.or common law or otherwise are
excluded to the fullest extent of the law.
6.6
All orders for delivery to addresses within
mainland GB are delivered with £25.00 charge.
6.7
For delivery to Northern Ireland, Isle of
Man, Isle of Wight, Scottish Islands and Channel Islands we
will deliver £25.00 charge to a nominated mainland GB address e.g. a
port. Onward shipping from that point is the responsibility
of the customer.
6.8
Generally, where an order contains more than
one item all items will be delivered at the same time once all
items are available.
7. Acceptance of the Products
7.1
Other than where the Buyer acts
as a Consumer the Buyer shall be deemed to have accepted the
Products 5 working days after delivery to the Buyer.
7.2
After acceptance the Buyer shall not be entitled
to reject Products, which are not in accordance with the contract.
8. Title and risk
8.1
Risk of damage to or loss of
the Products shall pass to the Buyer upon delivery.
8.2
Notwithstanding any other provision herein
title in the Products shall not pass to the Buyer until the
Seller has received in cash or clear funds payment in full.
8.3
The Buyer shall not be entitled to pledge
or in any way charge by way of security for any indebtedness
any of the Products which remain the property of the Seller,
but if the Buyer does so all moneys owing to the Seller shall
(without prejudice to any other right or remedy on the Seller)
immediately become due and payable.
9 . Insolvency of buyer
9.1.1
The Buyer makes any voluntary
arrangements with its creditors or becomes subject to
an administration order or (being an individual or firm)
becomes bankrupt, or (being a company) goes into liquidation
(otherwise than for the purposes of amalgamation or reconstruction)
orAn encumbrance takes possession, or
a receiver is appointed, of any of the property or assets
of the Buyer, or
9.1.3
The Buyer, not being a consumer, ceases,
or threatens to cease, to carry on business, or
9.1.4
The Seller reasonably apprehends that
any of the events mentioned above is about to occur in
relation to the Buyer and notifies the Buyer accordingly.
9.2
If the Clause applies, without prejudice
to any other right or remedy available to the Seller, the Seller
shall be entitled to cancel the contract or suspend any further
deliveries under the contract without any liability to the Buyer,
and if the Products have been delivered but not paid for the
Price shall become immediately due and payable that despite
any previous arrangement or agreement to the contrary.
10. General
Neither party shall be liable
for any delay or failure to perform any of its obligations if
the delay or failure results from events or circumstances outside
its reasonable control, including but not limited to strikes,
lock outs, accidents, war, fire, reduction in or unavailability
of power at the Seller's premises or its manufacturing plant,
breakdown of plant or machinery or shortage or unavailability
of raw materials from a natural source of supply, and the party
shall be entitled to a reasonable extension of its obligations.
10.2
Any notice required or permitted to be given
by either party to the other under the conditions shall be in
writing and in the case of notices to the Seller, addressed
to the Seller at its registered office or in the case of notices
to the Buyer, at the Buyer's address as provided to the Seller.
11. Headings
11.1
The headings of the Clauses in
these conditions are intended for reference only and will not
affect the construction of these conditions.
11.2
Representations
No statement, description, warranty condition or recommendation
contained in any catalogue, price list or advertisement or communication
or made verbally by any of the Agents or Employees of the Seller
shall be construed to enlarge, vary or override in any way thereof
any of these conditions.
11.3
Additional costs
The Buyer agrees to pay for any loss or extra cost incurred
by the Seller through the Buyers instructions or lack of instructions
or through failure or delay in taking delivery or through any
acts or default on the part of the Buyer, its servants, agents
or employees.
12. Proper law of contract
The law of England shall govern
this Contract and Wales and any dispute, question or remedy
howsoever arising determined exclusively by the Courts of England
and Wales.
You can call us FREE on 0800 904 7 804
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