Receiving Goods Before Full Payment has been Received

Should the 'The Customer' obtain goods prior to full payment, 'The Customer' accepts that 'The Company' retains the right to demand and receive immediate settlement of all outstanding monies prior to transfer of ownership, or the 'The Customer' grants 'The Company' unrestricted access to reclaim the goods, at which point the order cancellation process as detailed in the Returns section of these Terms and Conditions shall be instigated. The saleable condition of the goods prior to any reclaim is sole the responsibility of 'The Customer'.

3. PRICING

• 'The Company' standard payment terms are full payment with order.
• Payments are only accepted in Pound (£) Sterling.
• Payments are only accepted by the following means; cheque (made payable to Gardens4Living and send to 'The Company' address), 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.

Fraud Prevention

'The Company' actively strives 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.

3rd Party Checks

'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.

Incorrect Data Provision

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'.

Changes to Standard Terms

'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.

5. DELIVERY

All products are sold and supplied for self-assembly only by 'The Customer', unless otherwise stated or opted for by 'The Customer'.

Assembly Service Option (of Garden Buildings)

• Where an assembly service option is shown and selected by 'The Customer', this service will be undertaken at the stated cost in a diligent and professional manner.
• To ensure assembly can be completed, the customer must provide:

               a) A concrete or paved base, being firm, square (diagonals) and level (by spirit level)
                    - no less than the size of their chosen product
           b) Ensure 600mm (2') unobstructed access is provided all around the proposed site
           c) No trees, branches or similar encroach upon the proposed site or working space
           d) Provide clear external pedestrian access (not height or turn limited) to allow
               unimpeded passage of the product sections or components.

• If on arrival the base prepared by 'The Customer' does not comply with the specification above and offer serviceable support for the product as defined by the supplier, 'The Customer' shall be liable for an action detailed below:

           a) Upon abortive installation, the product can be left for self-assembly by 'The
               Customer', but the assembly service fee or 10% of product price (whichever
               is greater) shall be retained to account for the abortive labour costs.
           b) Upon abortive installation, the product can be left until 'The Customer' provides
               an appropriate base, at which point a return assembly visit can be arranged
               upon payment of an additional charge equal to the assembly charge advertised
               on 'The Company' website. The initial fee will be retained to account for the
               initial aborted labour costs.

Supply Only

For supply only orders, the customer should not arrange or commence any assembly service privately until they have received their product and have fully checked that their product is both complete and sound.

Failure to Check the Product

'The Company' will not bear any abortive costs arising from 'The Customer' or their privately employed labour, due to the failure of 'The Customer' to check the product, or while awaiting receipt of any missing or replacement parts.

Customer Inspection

'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.

Reporting Shortages and Damage

Shortage or damage should be reported with detail, either in writing to 'The Company' address, by email to enquiries@gardens4living.com or in writing to Gardens4Living, 14 Lickey Square, Lickey, Birmingham. B45 8HA.

Telephone claims will not be accepted.

Upon approved claims within the period, the supplier will forward the replacement parts usually within 5 to 10 working days, subject to stock level.

Guarantee claims made by 'The Customer' after 5 to 10 working days shall only be considered at the discretion of the supplier and not 'The Company'.

All statements made relating to guarantee periods are to be honoured by the relative supplier. 'The Company' shall assist with any guarantee claim but shall not bear responsibility.

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.

9. RETURN (CANCELLATION)

Returns Unlikely

All goods are newly manufactured for sale or to order, as described upon 'The Company' web site. We do not retail seconds or ex-display products, thus a return should be considered unlikely.

Rejection due to Fault or Damage

Should 'The Customer' wish to reject their goods through fault or damage, this must be undertaken within 7 working days after the date of delivery (except 8.4), as defined by section 11, part 2 of the Distance Selling Regulations.

However, 'The Customer' has no right to reject at any time should their order include a personalised requirement i.e; optional fixtures, adaptations or preferences. In this case section 9. Shortages / Damage would apply.

Method of Rejection Notice

The Customer' should notify 'The Company' of their rejection of the goods by durable means as defined by part 10 of the Distance Selling Regulations either in writing to 'The Company' address to 14 Lickey Square, Lickey, Birmingham. B45 8HA or by email to enquiries@gardens4living.co.uk.

This statement is formed from the 'Exceptions to the right to cancel' section 13, part c of the Distance Selling Regulations; which refers to "goods made to the customer's specifications..."

Retaining Possession and Taking Reasonable Care of Goods

It is the responsibility of 'The Customer' to retain possession and take reasonable care of the goods, until the goods have been returned to the possession of; 'The Company', the supplier or a carrier appointed by either.

Justified and Unjustified Rejection

For justified rejection, 'The Company' shall be bear all return costs, being the limit of liability for a rejection.

'The Company' will not profit from any return charges received from 'The Customer'. A return charge will always equate to the cost 'The Company' expended.

Reimbursement (refund) of rejected order monies, less charges defined in section 9 if due, shall be made in a period not exceeding 30 days as Section 14, part 3 of the Distance Selling Regulations.

If on return the product is found to be sound, complete and as described for sale, the return charge process 9 will apply and be deducted from the order monies held.

Abuse and On Site Damage

If on return the product is found to be have been abused or damaged whilst on site, or having been erected, 'The Company' shall retain the right to deduct from the order monies held any losses levied by the manufacturer.

Statute states that a product should be returned in its original condition, thus fit for re-sale as new. We shall therefore reject the return of any product where assembly has been commenced, thus rendering the product as 'used'.

In the event of any complaint or grievance, 'The Customer' should initially make contact by telephone on 07837 657745 (this is a temporary number whilst we move to new offices), followed by a formal email complaint to enquiries@gardens4living.co.uk or letter to 'The Company' address at 14 Lickey Square, Lickey, Birmingham. B45 8HA.

For efficient handling, 'The Customer' should state upon all correspondence:

• Their name
• Their address
• Their sales invoice number
• The product
• A description of their complaint
• What they looking for 'The Company' to do in order to resolve the complaint
  

'The Company' shall endeavor to promptly resolve any complaint and/or respond with its stance.

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.