1. Definition of words used within this document
- "Buyer" – the person / company who buys Goods from the Seller.
- "Consumer" – the meaning attributed in the Unfair Contract terms Act 1977, section 12.
- "Goods" – the products that the Buyer agrees to buy from the Seller.
- "List Price" – the list of prices of the Goods maintained by the Seller as revised from time to time.
- "Seller" – Pennine Fencing & Landscaping of The Caldershaw Centre, Ings Lane, Rochdale OL12 7LQ.
- "Terms and Conditions" – the terms and conditions of sale set out in this document and any other special terms and conditions agreed in writing by the Seller.
- These Terms and Conditions apply to all contracts for the sale of Goods by the Seller to the Buyer and will prevail over any other documentation or correspondence from the Buyer. Any variation to these Terms and Conditions will be irrelevant unless agreed in writing by the Seller.
- Orders placed will be regarded as an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may decide not to accept an order for any reason.
- Acceptance of delivery of the Goods will be regarded conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
- Product pictures on the website are for illustrative purpose only, colours and styles may vary. Sizes are approximate and again can vary.
- The Buyer must determine and agree the specification design and construction of the product and accept responsibility that it is adequate and suitable for the purpose intended.
3. Cost and Payment
- The cost of the Goods will be that specified in the Seller’s current List Price / on the Seller’s website / as contained in the Seller’s Quotation (as applicable) at the date of the order or as agreed between the parties. The cost is inclusive of VAT and excludes any delivery charge.
- In the event of any pricing errors we cannot be held responsible for this and any errors will be rectified as soon as possible. If an error is discovered after order we will inform you as soon as possible. We will not be obliged to fulfill an order for products priced incorrectly. If the item has been charged you will receive a full refund or be liable for the difference.
- Full payment of the total purchase price inclusive of VAT and delivery charge must be made at ordering unless agreed otherwise in writing by the Seller.
- The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
- Should it be necessary to offer an alternative product this will be agreed with the Buyer prior to dispatch of Goods.
- Delivery of the Goods shall be made by the Seller informing the Buyer that the Goods are available for collection or for delivery to the place on such terms as agreed at the time of order placement between the Seller and the Buyer.
- Local orders in the main will be delivered within 5 – 10 working days when possible and the goods are available. Deliveries of heavy materials such as concrete products (any item over 25kgs or 4 Stone) will require an able bodied person present to help the driver off load. If this is not possible we will have to arrange for two people to undertake this delivery.
- Deliveries undertaken by pallet courier will be booked in with the Buyer once packaged onto the pallet. Average interval from order to delivery is 10 - 14 days. During peak times when demand is high this can be 14 – 28 days from ordering despite the goods being available in stock. Probable interval will be discussed at order placement. Pallet deliveries that include materials longer than 1.8m will require an able bodied person to be present and able to off load these by hand. Likewise, delivery of large pallets (large quantities of materials) will require an able bodied person present to assist the driver at off load.
- The Seller will endeavor whenever possible to meet stated delivery date. In any event time of delivery shall not be of the essence and the Seller will not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
- Some goods may not be in stock when the order is placed and an expected date of availability will be provided. In the event that the Seller is still unable to deliver the Goods after this date the Seller will contact the Buyer to advise of the situation and the Buyer will be entitled to cancel the order and receive a full refund or agree to wait and defer delivery to a later date.
- Deliveries are kerbside only and the goods will be stacked as neatly as possible. The Goods may be taken on to your property but is at the discretion of the driver and Pennine Fencing & Landscaping takes no responsibility for damages.
- Goods title and risk passes to the Buyer upon delivery of the Goods.
- The Buyer will be responsible for disposal of the pallet used to deliver their order.
6. Your Rights to Cancel and Returns Policy
Orders apart from garden buildings and any custom sized products can be cancelled without any penalty prior to collection by pallet courier or loading for delivery.
Goods surplus or unsuitable / ordered incorrectly to the Buyer’s requirement can to be returned by the Buyer to the Seller within 14 days of collection / delivery at their own cost. A refund less a 20% restocking charge and £3.00 administrative fee will apply if goods returned in a saleable condition with all packaging, components etc. We reserve the right to reduce the refund amount if the goods are not returned in saleable condition due to lack of packaging etc, on the part of the Buyer.
Goods returned must clearly show the Invoice Number on the package and include a contact number so that a card refund can be processed.
Under the EU Consumer Protection (Distance Selling) Regulations, you have a right to cancel your order for any reason within 7 days of receipt of your goods by informing the Seller in writing or by e-mail firstname.lastname@example.org within this timeframe. However you are responsible for the cost of the return shipment of unopened goods and these must be adequately insured during the return journey. Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage. Should you wish to cancel under these terms, please contact us in the first instance and we will guide you through the return process. The Buyer shall receive a refund for the amount paid for the Goods (excluding delivery charges) as return is at the cost of the Buyer.
All refunds are subject to a flat £3.00 administrative fee.
7. Damaged and Faulty Goods
Pennine Fencing & Landscaping undertake to provide products and service of the highest quality and will try to rectify any problems should they arise, and request that you read the general points listed below about timber:
- Timber is a natural material and as such will vary in shades and will alter further with weathering.
- Shrinking and expansion of timber may occur due to seasonal changes and weather.
- Hot and humid temperatures may naturally cause “shakes”, “splits / cracks” and warping to possibly appear. These do not affect the longevity of the product and is not a valid reason for returning products or replacing parts.
- Knots in timber are a natural occurrence, these will vary in size and shape, sometimes they may also dislodge.
- The green spotting sometimes apparent on the surface of some products is caused by salt / resin leaving the timber during the pressure treatment process. It will fade / vanish over time and does not affect the durability of the product.
- All timber products are either wholly or in part handmade with the aid of machines and small differences can occur.
The Buyer must inspect the Goods upon receipt and once signed for are deemed acceptable. The Seller will not be liable for any shortages in quantity delivered nor any defect in quality, nature or condition of the Goods or for non compliance with any specification unless the Buyer endorses the delivery document with details of the claim. If not signed for the Buyer must notify the Seller within 48hs of delivery by e-mail email@example.com or contact us on 01706 659703 that the Goods are damaged or do not comply with the contract.
When a claim of defect or damage is made made it is at the discretion of Pennine Fencing & Landscaping as to whether the damage warrants a replacement of the complete product or that replacement parts be supplied to rectify the damage / fault. Where replacement parts are provided these are to be fitted by the Buyer. It is the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer will be entitled to replacement Goods or full credit (excluding delivery cost if applicable). E-mail firstname.lastname@example.org or contact us on 01706 659703.
The Seller will not accept any liability in respect of Goods supplied which subsequently prove to be defective where such goods have been altered.
8. Force Majeure
Neither the Seller nor the Buyer will be liable for any failure or delay to undertake any of its obligations if this results from events or circumstances beyond anyone’s reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials which are from a natural source of supply, and both party will be entitled to a reasonable extension of its obligations.