|Exterior Decking Online Shop Terms and Conditions
These terms and conditions do not affect your statutory rights as a consumer. The consumers' statutory rights are not excluded or limited in any way in accordance with the Sale of Goods Act 1979 (as amended).
These terms and conditions may be changed at any time and will be posted online. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website i.e. certain product warranties.
For reference www.exteriordecking.co.uk and all sales performed online is owned by Exterior Solutions Ltd and the term 'We' referees to Exterior Solutions Ltd.
Exterior Solutions Ltd
Unit 5B Reed Industrial Estate
Email: firstname.lastname@example.org or email@example.com
1.0: ORDERING / AMENDMENTS
You are deemed to have placed an order with us by ordering via our online checkout process or via telephone ordering system. As part of our checkout process you will be given the opportunity to check your order and to correct any errors prior to confirming the order. Once completed, we can send you an order acknowledgement detailing the products you have ordered and the pricing to the e-mail address provided during the ordering process. The order is only accepted by www.exteriordecking.co.uk upon dispatch of the ordered goods and can be confirmed via a dispatch confirmation e-mail if you wish. We will notify you by phone or e-mail if we cannot accept your order or if you cancel the order prior to dispatch.
1.1: We may refuse to accept an order:
a) Where goods are not available
b) Where we cannot obtain authorization for your payment
c) If there has been a pricing or description error
d) If you do not meet any eligibility criteria set out in our terms and conditions
1.2: Order amendments
Any order amendments must be made before 12pm the prior working day to delivery unless they are being delivered by a third party then up to 3 working days may be required. Any changes to the delivery made after this point may not occur and Exterior Solutions Ltd will not take any responsibility for this. If required a unique amendment reference will be returned with your amendment confirmation email; this will be needed in any further correspondence or dispute. We are unable to amend orders after dispatch.
2.1: Should an incorrect price be displayed, www.exteriordecking.co.uk reserves the right to refuse orders as set out in 'Ordering' (above).
2.2: All prices quoted by the Company are only valid at the time of contract and are exclusive of any other matters unless otherwise agreed and may be changed at any time.
2.3: The Company reserves the right to revise the quoted price in the event of unforeseen and extraordinary expenses for the Company appertaining the goods.
2.4: VAT All prices stated include VAT at the applicable rate. For orders made outside of the UK all orders will be charged including the applicable UK rate of VAT. Any UK VAT paid can then be claimed back through your home country
2.5: Pro-Forma Invoices are valid for 30 days from the date stated on the invoice. And if cost prices change, that invoice may become void
3.1: Delivery is deemed to be successful once the products have arrived at the address provided for delivery.
3.2: Signatures are not necessarily required as proof of delivery however some orders will require a signature due to the high value of the goods.
3.3: If a signature is required you should check the number of cartons and state of the inspecting the contents of the goods before signing. Should there be any shortages or damages, these must be notified to www.exteriordecking.co.uk by e-mail:- firstname.lastname@example.org within 3 days of delivery.
3.4: Other products may be left at the recipients address without a signature except where the customer has specified that it must not be left in their absence. If this option is requested, and goods are left unsupervised www.exteriordecking.co.uk will not accept liability for the goods.
3.5: Once delivered the responsibility for the product is deemed to be the cardholder's and any loss or damage to the product is then at your own risk. This is particularly notable when deliveries are made to public/work places such as hospitals, hotels etc where the signature of any authorized body is deemed to be proof of delivery
3.6: The delivery costs if any will be stated at time of ordering. With many products this cost is not itemised but included in the final quoted price.
3.7: The Company will not accept any liability for late delivery of the goods and delivery time will not be of the essence of the contract.
3.8: The Company will not accept liability for non-delivery, where this is caused by circumstances beyond its control.
3.9: In the case of a delivery being refused or aborted at the delivery address, we reserve the right to charge for this at a minimum charge of £50.00 plus VAT obligation only stands for the first delivery attempt.
3.10: Re-delivery of an aborted of refused delivery will be charged at the original cost plus 4.9: and any restocking costs incurred. Except turf which will incur a waste disposal cost on top of 4.9:
3.11: All deliveries by the company shall be conditional upon access free from encumbrances and good roads being available to the delivery vehicles to the place of delivery. The company will not accept any liability for damages to property caused during delivery. If the company, or its agent cannot gain access to the delivery address then additional costs may be incurred. Deliveries are made using large vehicles and it is the customer's responsibility to inform the company if there may be an access problem. The company will confirm the outcome by e-mail. In such cases that delivery, in the opinion of the company is not possible, then the company reserves the right to cancel the order. This above action must be completed before 2.00 pm on the day prior to delivery. E-mail confirmation of orders also request the customer to contact the company if a delivery problem may occur. The company does not take any responsibility if the incorrect truck has or has not been specified for the delivery requirements unless stated at time of ordering on ever order. If the goods then require re-delivery clause 3.9: will take effect.
3.12: Deliveries requested AM are to be delivered before 13:00 and PM deliveries after 12:00.Please note that we only give estimated times of delivery and not guarantee these times unless another charge has been taken. If an additional extra charge has been taken we will refund this if we fall outside these times. We take no responsibility for third party costs incurred arising from late deliveries.
3.13: If the delivery is unable to be completed or refused by the customer, the customer will be responsible for the delivery cost and any cost incurred by Exterior Decking to have the goods returned and or restocked.
3.14: For further Delivery instructions please don't hesitate to call 01494 722 204
4.0: CANCELLATION/RETURNS POLICY
4.1. The customer has the right to cancel any product or services except bespoke or specially produced goods which are listed in sub point 4 below. Any cancellation must be made within 7 days from the date of the order being placed.
4.2. Cancellations are not accepted by telephone and must be by one of the following methods:
a. E-Mail to email@example.com or firstname.lastname@example.org
b. Letter (to our Correspondence address above). Letters will be deemed to have been received two working days following the postmark date.
4.3. The cardholder is liable to all return shipping costs under this right, please contact us for advice if you wish to exercise this right.
4.4. Bespoke or specially produced goods are any order deemed to be produced on an individual basis where the form is manufactured specifically for the order in question and not a normal stock item. All other goods are non-perishable
4.5. Perishable goods are excluded from cancellation under The Consumer Protection (distance selling) regulations 2000 as amended by S1689, 2005.
4.6. Any item that arrives damaged will be collected and replaced within a reasonable period of time (we strive for next day delivery and replacement for many items). All damages / defects must be reported within 3 days from the date of delivery. Before reporting any damage to timber products do consider that in many cases minor damage can sometimes occur as the length and weight of the package can weigh over 1 tonne. Any broken materials must be pictured in situ and in the original packaging. Any shortages must be reported before the goods have been used or laid.
4.7. Exterior Solutions Ltd will arrange collection of unopened and undamaged materials at a re-stocking charge of 30% plus the standard delivery cost to the collection post code. Bespoke or Special orders cannot be re-stocked.
4.8. Individual items except at items in 4.4 at Exterior Solutions Ltd discretion can be re-stocked if returned to Exterior Solutions Ltd yard. There is a 25-50% re-stocking charge. Any refund will only be given as a store credit and not in cash. All returned good must be in a good and resalable state.
4.9 All returned / exchanged products (including the boxes) must be in their ORIGINAL CONDITION and they must be in their ORIGINAL PACKAGING. N.B. - DO NOT TAPE UP, OR WRITE ON BOXES. They must also be suitably packaged. Customers are advised to obtain and complete a 'certificate of postage' form stamped by the Royal Mail before returning item. Responsibility of the goods remains that of the customer until safely received by Exterior Solutions Ltd who accepts no liability for goods lost in transit back to our warehouse.
You are permitted to print and download extracts from this Website for your own use on the following basis:
a) No documents or related graphics on this Website are modified in any way;
b) No graphics on this Website are used separately from accompanying text.
5.1: Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with that stated above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
6.0: SERVICE ACCESS
While we endeavor to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
With regards to the use of products obtained via our site www.exteriordecking.co.uk all products should be used and operated as specified in the accompanying instructions and advice. Always ensure users of machinery are competent and using the appropriate safety / protective clothing.
Always use a qualified electrician to install all electrical items.
Read and understand the safety data sheet available for down load for all deck cleaning, oiling and maintenance products.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
8.1: Nothing in these terms and conditions shall exclude or limit our liability for
(i) Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977)
(iii) Misrepresentation as to a fundamental matter
(iv) Any liability which cannot be excluded or limited under applicable law.
8.2: If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
9.0: GOVERNING LAW AND JURISDICTION
9.1: These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
9.2: We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.