Premier Garden Supplies LTD Terms and Conditions Website.
By placing an order, you agree to our Terms and Conditions as set out below.
The Contract.
These Terms and Conditions govern the supply of goods sold by Premier Garden Supplies LTD of Unit 2, Tweedale North Industrial Estate, Madeley, Telford, TF7 4JT (we and us) to the customer (you).
All orders placed by you and purchases of goods from us (whether in-store, by telephone, via our website or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us either (as applicable): (i) by delivery of the goods to the customer; or (ii) by providing the goods you have purchased to you at the trade counter, at which point a legally binding contract is constituted between you and us.
Any drawings, descriptive matter or advertising produced by us and any descriptions or illustrations contained on our website are produced for the sole purpose of giving an approximate idea of the goods referred to in them. They shall not form part of the contract nor have any contractual force.
A quotation for the goods given by us shall not constitute an offer. Unless otherwise stated by us in writing, a quotation shall only be valid for a period of 10 business days from its date of issue.
Ordering.
On our website you may place an order to purchase a product advertised for sale by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order.
For bespoke orders we will require your confirmation response in order to place your order into the manufacturing process. You must confirm your sizes/requirements via email.
If ordering over the phone, any errors in your sizing if found to be incorrect once manufactured/ delivered we will not accept liability. Once you have confirmed the sizes then this is the start point of your order.
The date your confirmation email is received is counted as the “first working day”, not the date the order was initially placed.
You may correct errors on your order up to the point at which you submit your order during the order process. For bespoke items; should an error be discovered after you have submitted the order, but before we have placed it into manufacturing system, we may still be able to rectify the error providing you contact us by phone during our normal working hours. It should be noted that if the order has entered the manufacturing process a correction will not be made.
All orders placed by you and purchases of goods by you from us, are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
Pricing.
The price payable for the goods you order, or purchase is as set out in store and on our website at the time you submit your order plus any charges for delivery as advised to you. All prices include the current applicable VAT rate unless otherwise stated.
Prices quoted are applicable to the quantity specified and, on the information, provided by you at the time of order. In the event of orders being placed for lesser quantities, or if there is any change in specifications, delivery dates, or delay is caused by your instructions or lack of instructions, We shall be entitled to adjust the price of the goods as order to take account of the variations.
Occasionally, an error may occur, and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed.
Description of Products.
The description of the goods is set out in our quotation or confirmation of your order. We may supply goods in either metric or imperial sizes in the nearest equivalent measure and goods may be charged in metric if an allowance for conversion is needed.
All descriptive matter, drawings, specifications, and advertising is published or issued for the purpose of giving an approximate idea of the described goods. They shall not form part of the contract and this shall not be a sale by sample. Each order will be considered a separate order and we are not able to guarantee that further orders for the same goods will match any previous order.
In the event of special tolerances being required in the goods supplied beyond those generally accepted in the fencing trade, no liability will attach to us unless notified in writing to us at the time of your order and in return we acknowledge in writing that we are prepared to accept said order.
Quality.
Timber is natural organic material and will contain knots and sap, the timber may swell, shrink and/or warp which can cause splitting to occur. This is to be expected and is not a defect. We cannot be held liable and/or responsible to exchange goods or to refund monies in this event.
Wood that has been pressure treated will shrink as the water used in the treatment process evaporates from the timber. It is very unusual for any of these natural weathering characteristics to be detrimental to the structural strength or shorten the life expectancy of the timber.
We do not recommend using dark stains on gates as they attract heat which may cause additional movement in the timber.
Website Photos and Images.
All product Photographs and images are for illustration purpose only. The actual product may vary from the photo shown. Due to the treatment process the colour of softwood timber will vary in colour from the photos. Also, softwood timber will start off a shade of green depending on when it was treated, and then fade when in the sun. we cannot match softwood timber colour to existing timber.
Payment.
We accept payments on our website via Stripe.
Delivery.
Any delivery dates notified to you by us, or otherwise agreed between the parties, are deemed to be approximate delivery dates only, and the time of delivery of the goods is not of the essence of the contract.
Nationwide deliveries will be carried out by a third-party delivery company. We will include tracking numbers for these orders. Delivery slots will generally be from 8 am – 6 pm Monday to Friday only.
Items will be dispatched from us on a Monday through to Friday only, we do not dispatch any items on a Saturday or a Sunday. Your item will be dispatched on an overnight delivery service however it is not a guaranteed next day delivery service. You should allow 48 hours from dispatch for your item to arrive. You may if necessary, instruct us to leave your items safe if you wish to do so at your own risk. We will not be held responsible if your items have been delivered/left safe for you and any issues arise from your instruction.
Delivery costs quoted cover postal codes from England and Wales only. Please note Scotland, The Channel Islands, Northern Ireland and any other areas of the United Kingdom are not included in the delivery charges shown on our website or any other retail outlet we may use. Please contact us for a delivery charge before you make your purchase.
We will try and make one single delivery where possible to minimise inconvenience. However, this may not always be possible. Where your order contains a mix of products with different delivery lead times, the longest lead time will always apply to the entire order.
We strongly suggest that you do not schedule or commence any installation work until after you have received your order and checked all the goods are suitable for your purposes and do not have any defects or missing parts. We cannot be held responsible for any third-party costs or charges which you incur due to non-delivery of an order, or orders that have not been checked on delivery.
Unless you notify us of alternative delivery arrangements, all goods will be delivered to your invoice address. Failure on your part to notify us of the correct delivery address will result in all associated delivery costs being passed on to you.
Details of damage or short delivery must be notified to us upon receipt. We shall not be held liable for any consequential loss.
Delivery of the goods is completed on the completion of unloading of the goods at the delivery point
If you fail to take delivery, accept or collect the goods within the agreed time, at our discretion, we may make an additional charge, invoice you for the goods, or treat the contract as repudiated and, in any case, recover our losses from you.
You may collect goods from us during our trading hours. If they are not collected within 7 days from when we notify you, they are available, a storage charge may at our discretion be charged.
If you collect goods from us you are solely responsible for the size weight and positioning of the load on the vehicle and shall indemnify us in respect of all costs, claims, losses or expenses we may incur as a result of you collecting the goods.
If the goods are to be deposited other than on your private property, you shall be responsible for compliance with all regulations, and for all steps which need to be taken for the protection always of the persons or property.
Inspection.
You shall inspect the goods at the place and time of unloading or collection.
You must advise us by telephone immediately and give us written notice within one working day of unloading of any claim for short delivery.
If you do not give us this notice within the time frame, the goods will be deemed to have been delivered in the quantities shown in the delivery documents.
You shall not be entitled and unconditionally waive any rights, to reject the goods or claim any damages whatsoever, for short delivery.
Our liability for a short delivery will be making good the shortage.
Risk and Entitlement.
Risk in the goods shall pass to you when the goods are delivered.
The goods shall remain with us until you pay all sums due to us, whether in respect of this contract or otherwise.
We shall be entitled, at any time, to recover any or all of the goods in your possession to which we have title and for that purpose, We, our employees or agents may, with such transport as is necessary, enter upon any premises occupied by you, or to which you have access and where goods may be, or believed to be situated.
Faulty Products and Products Delivered Damaged.
In the unlikely event that a product is faulty, not as described or delivered damaged, please contact us straight away so we can help. Please have your order number to hand as well as details of the affected product(s).
You should send us written notice via eBay messages or our email address provided on your invoice or order and within 48 hours of the date of delivery.
We should be given reasonable opportunity after receiving notice to examine the products affected. We may ask you to provide photographs of any damage, defects or defective workmanship or material.
You agree to not make any further use of such goods after giving such notice.
The defect is not due to wilful damage, negligence (other than ours) fair wear and tear, alteration or repair of such goods without our prior written consent or incorrect storage, application, movement, installation, commissioning and the defect is not due to any act or omission of you, your agents or contractors.
In the situation an item is faulty, not as described or delivered damaged, we will try and resolve the issue with one of the following options. The affected product may be at our discretion replaced, A partial refund may be offered, or in some instances a full refund may be offered. If you are offered a refund, this will be credited to the card or account used to purchase the affected products.
We shall not be liable to you for any economic loss, loss of profit, or loss of business. In each case whether direct, indirect or consequential, or any other indirect losses whatsoever and howsoever caused.
Cancellation and Returns.
If you are ordering products from us as a consumer, you have a statutory right to cancel any online or telephone orders (excluding orders for bespoke or made-to-measure products) and receive a full refund, including standard delivery charges.
To exercise you consumer cancellation right, you must contact us at any time before the products are dispatched.
To exercise you consumer cancellation right after products are dispatched but before products are delivered, a refund will be issued less any postage paid once items are returned back to us. We will make every effort to cancel delivery but will not be held responsible if items are delivered after cancellation request.
To exercise your consumer right to return, notice of the intention to return must be declared to us within 14 days from delivery, starting the day after delivery is made. If we receive return notice outside of these time frames, your consumer return right will not apply. Please note if you exercise your consumer return rights after the products have been delivered, you will be responsible for returning products to us at your own cost and within 14 days of notifying us of intention to return.
You may return items to us at your cost, you should obtain a proof of postage and advise us of the tracking number. All refunds relating to returns will not include any original delivery costs you may of paid.
We do not accept any returns for any reason (including but not limited to incorrect sizes ordered on) any Bespoke, made-to-measure, or Concrete items.
Health and Safety.
Certain goods supplied by us could, if used incorrectly, give rise to risks to health and safety. Information in respect of such goods is available from us. You undertake that you will ensure compliance by your employees, agents and customers together with any instructions given by us or the manufacturer or our supplier and will take all necessary steps and precautions, having regard to the nature of the goods, to preserve the health and safety of any person handling, using or disposing of them.
Waste.
You will be responsible for the disposal of any waste arising from the products and will apply with applicable regulations, laws and waste management licences relating to such waste.
Force Majeure.
We may if necessary defer the date of your delivery, Cancel your contract or reduce the volume of goods and or services ordered by you (Without liability to you) if we are unable to supply or deliver due to any cause beyond our reasonable control ( This includes acts or omissions of our suppliers or subcontractors or delivery companies).
