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Products
Terms And Conditions
Overview of terms & conditions
These terms and conditions (last updated March 4th, 2010) shall apply to the sale and supply of garden products and associated services by 'The Company', to the entity hereby referred to as 'The Customer'. 'The Company' means of good practice and retail compliance is primarily regulated by 'The Consumer Protection (Distance Selling) Regulations 2000', in addition to the 'Sale of Goods Act 1979' and other statutory instruments. This document contains references to the said regulations and has been supported with background information gained from the web sites of related parties, being; OFT (Office of Fair Trading), DTI (Department of Trade & Industry) and Trading Standards Central. Any order placed by 'The Customer' whether in person, by telephone, by mail or online (e-commerce) shall form a legally binding contract of sale, thus whilst the below terms are extensive they are given to define and protect the due rights of both 'The Customer' and 'The Company'.
Delivery
The “company” owns and stock’s all items for sale, these will be dispatched the next working day after payment has been received
'The Company' shall aim to fulfil all orders at the earliest opportunity
'The Company' delivery periods as published are given in good faith and are anticipated,
Delivery can occur sooner or later than the anticipated time scales.
The delivery
period will commence from point of cleared payment, thus (a) next working day upon
card-based orders, and (b) clearance of funds upon cheque-based orders.
Delivery periods
are provided in working days (i.e; 48hrs = 2 days), please take into account for
the incidence of public holidays and that transport operates weekdays only.
Deliveries
are made weekdays only, typically during the hours of 8.00am to 4.00pm. 'The Company'
is not able to offer timed deliveries.
The party delivering on behalf of 'The Company'
when applicable shall be instructed to contact 'The Customer' (mainly concerning
BBQ deliveries
Product delivery (supply only) shall be to kerbside or driveway only (BBQ’s only).
It is at the discretion of the carrier or delivery driver, should they decide to
transit the goods to an alternative point upon the property of 'The Customer'.
As
'The Company' is not the manufacturer of branded products, it cannot be held responsible
for delay in delivery caused by, third party such as a contracted carrier.
Should
the delivery period extend beyond (whichever is longer) that published, subsequently
notified or 30 days after the date of order (as section 19 of the Distance Selling
Regulations) 'The Customer' can cancel their order without penalty.
It is the responsibility
of the 'The Customer' to provide free and unobstructed access for product delivery
and subsequent usage. Any failed, abortive or return delivery charges shall be recovered
from 'The Customer' at cost.
In the interests of Health & Safety for 'The Company'
employees, manufacturers or contractors, on delivery our bulky products shall not
be; (a) lifted over walls, fences etc, and (b) transited to other floors other than
highway level.
All delivered goods have to be signed for (POD) by the 'The Customer'
or their appointed representative, at which point responsibility and risk of the
goods (not title if unpaid) shall pass to 'The Customer'.
If 'The Customer' cannot be in attendance on delivery, prior written authority and
acceptance of responsibility to leave the unattended product must to sent to
'The
Company' will not bear any abortive costs arising from 'The Customer' due to a failed
delivery, as the delivery process is operated by each manufacturer beyond the control
of 'The Company'.
Payment
'The Company' standard payment terms are full payment with order.
Payments are only
accepted in (£) Pounds Sterling.
Payments are only accepted by the following means;
cheque (made payable to Groms Garden Supplies Ltd), BACS (electronic banking), Visa,
MasterCard, Maestro, Visa Delta and Electron.
Upon cheque-based orders, goods shall
not be released until such a cheque passes clearance and the funds credit 'The Company'
bank account.
'The Company' actively strive to prevent credit/debit card fraud. All
card-based orders without exception are subjected to cardholder name, address and
other security checks as deemed essential.
'The Company' retain the right to undertake
any third party search as necessary, such as via 'The Company' card processing organisation,
to satisfy that 'The Customer' card details are valid.
It is the responsibility of
'The Customer' to always provide their registered cardholder address when requested.
Any processing delays caused by incorrect data provision will not be at the fault
of 'The Company'.
'The Company' reserves the right to alter the standard payment terms
of any customer if deemed appropriate, or where special terms form part of a package
deal or offer
Shortages & damages
'The Customer' shall inspect the goods and notify 'The Company' within seven days
after the day of receipt of any shortages or damage to the said goods.
Shortage or
damage should be reported with detail, either in writing to 'The Company' address,
by email to Graham@groms-garden-supplies.co.uk. Telephone claims will not be accepted.
Upon
approved claims within the period will forward the replacement parts usually within
5 to 10 working days, subject to stock level.
Guarantee claims made by 'The Customer'
after the period as, shall only be considered at the discretion of the 'The Company'.
All
statements made relating to guarantee periods are to be honoured by the 'The Company'
shall assist with any guarantee claim.
We reserve the right to decline any replacement
request should damage or miss-use of the product have occurred upon 'The Customer'
property or during self-assembly.
'The Company' will not be liable for any costs incurred
by 'The Customer', should they fail to inspect and satisfy themselves that the product
is sound and complete prior to self-assembly, return to base policies will be at
the cost of ‘The Customers’ cost
Return (cancellations)
You have the right to cancel the contract from the date of the order was placed and up to seven working days after delivery, (beginning the day after delivery). Goods made to your specification (name plates) or cd’s, dvd,s or software purchased that have been opened (I.e. Seal or outer packing removed) cannot be returned under the 7 working day “cooling of period”.
To exercise your right of cancellation, you must provide us with written notice. You must do this by giving details of the goods ordered and (where appropriate) their delivery.
You must write to us at Groms-Garden-Supplies Ltd, Unit 12 Parkside Centre, Potters Way, Temple Farm Ind. Est. Southend on se, Essex, SS2 5SJ; or
Send the information by fax to ***************; or
Send the information by email to Graham@groms-garden-supplies.co.uk.
Once you have notified us that you are cancelling the contract, you must return the goods to us at at Groms-Garden-Supplies Ltd, Unit 12 Parkside Centre, Potters Way, Temple Farm Ind. Est. Southend on se, Essex, SS2 5SJ at your own expense. You are advised to send the goods by recorded delivery or other traceable means.
Once you have notified us that you are cancelling the contract, we will refund or re-credit you as soon as possible but in any event, within 30 days, for any sum that has been paid by you for the goods excluding any extra charges incurred by us at you request(e.g. Express delivery costs).
You have a duty of care, under these terms, to take care of the goods so that they may be resold again as new. We will claim, from you, for the resulting loss in value for the goods not kept so that they may be sold again as new.
Complaints
In the event of any complaint or grievance, 'The Customer' should initially make
contact by telephone on 01702 ******, followed by a formal email complaint to Graham@groms-garden-supplies.co.uk
or letter to 'The Company' address.
For efficient handling, 'The Customer' should
state upon all correspondence; (a) their name, (b) their address, (c) their sales
invoice number, (d) the product, and (e) a description of their complaint.
We shall
endeavor to promptly resolve any complaint and/or respond with our stance. Should
a response not be received within 5 working days, please send a "Second Request"
for the attention of The Manager.
It is the intention of 'The Company' to resolve
any dispute fairly, amicably and to the satisfaction of all parties concerned at
the earliest opportunity.
privacy
We are committed to protect and respect customer privacy.
We will only use the information
that we collect about you lawfully (in accordance with the Data Protection Act 1998).
Any
personal details given by 'The Customer' shall not be passed or made available to
any other company, organization or third party with the exception of……….
To enable
us to efficiently fulfil your custom, 'The Customer' contact name, telephone number
and address shall be passed to our sales team to enable communicate with you
'The
Company' shall only use 'The Customer' telephone and email contact details when deemed
appropriate and necessary to discuss and fulfil their order.
'The Company' will not
pass to any third party the details of the subscribers of 'The Company' email newsletter.
Subscribers
of 'The Company' email newsletter retain the right to be removed from our database
at any time by selecting the 'unsubscribe' function at the base of any newsletter
received.
Security
For customer security of sensitive information, 'The Company' web site operates a
secure e-commerce automated payment process, approved by all UK banks.
'The Company'
secure encrypted environments is held upon a Thawte certified secure server, operated
by Secure Hosting Ltd (a UK company).
'The Company' server facilities operate to a
128bit level of encryption, the strongest commercial level of secure encryption currently
available.
All personal data entered via this web site by 'The Customer' will always
be stored or transferred using the same 128bit level of encryption.
Law
These terms and conditions shall be interpreted in accordance with UK Law.