Terms and Conditions
In this document the following words shall have the following meanings:
• "Buyer" means the person who buys Goods from the Seller;
• "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
• "Goods" means the articles that the Buyer agrees to buy from the Seller;
• "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
• "Seller" means Eco Fencing of Green Lane, Cutsyke, Castleford WF10 5JL;
• "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2. Damaged and Faulty Goods
• We endeavor to provide the best quality products and service and in every case will try to rectify any problems, but please note the following points listed below.
• Eco Fencing Product is a natural material and shades may vary from photographs on the web site.
• Please note as we are replicating the characteristics of timber and working with recycled material, products will vary in shade and texture. Some boards will have no grain and others will have grain effect, different shades may also occur to form a variable appearence, some products may also show the inner core material. All these effects are normal and part of the manufacturing process and in no way affect the longevity of Eco Fencing. All photographs are for illustration purposes only and actual colours and shades may vary. The material will become lighter in appearence over time in much the same way as timber does.The warranty does not cover any changes to the colour of the product due to natural weathering, shade or colour variations, pigment residue or skin imperfections, storm damage or acts of god.
• Eco fencing is UVA stable under normal exposure conditions, in cases where extreme heat is generated we can not be responsible for any movement that may occur.
• These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
• All orders for Goods shall be deemed to be 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 choose not to accept an order for any reason.
• Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
• Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
• Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
• All pictures are for illustration only and colours and styles may vary, we reserve the right to change specification without notice.
• You have understood and accepted the characteristics of woodgrain and its shades and finishes.
• You agree that any comments or pictures you send to us on request can be used on the website or promotional items.
• Tolerances for posts and gravel boards are + or - 15mm, this in no way affects the fence construction and any variation would not be seen.
4. Price and Payment
• The price of the Goods shall be that stipulated 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 order or as agreed between the parties. The price is inclusive of VAT and exclusive of any delivery charges.
•We are not responsible for any pricing errors and any errors will be rectified as
soon as possible. If an error in the price is discovered after order we will inform you as soon as possible. We shall be under no obligation to fulfil an order for products priced incorrect. If the item has been charged you will recieve a full refund.
• Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
• Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller's premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
• All Goods, wherever possible, will be delivered within 5 working days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
• The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall 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 at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified (5 working days), the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
• Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
• All deliveries should be carefully checked to ensure no damage is present and that the correct number of packages are present.
• If there is a discrepancy the delivery should be signed as unchecked, damaged or both.
• Discrepancy should be noted on the consignment / delivery note.
• The courier is obliged to wait until you have checked the delivery for up to 20 mins
• Any delivery outside our normal delivery zones will be subject to a surcharge, customers will be contacted if this is the case and made aware of the additional cost.
• In some cases due to the length of the goods it may be required to help the courier remove the goods from the vehicle.
• No responsibility for damages or shortages can be taken when signed for as acceptable. If you sign for the delivery you are accepting the goods as in a good condition.
• Any missing or damaged items must be reported within 5 days of delivery
• The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
7. Cancellations and Returns
• The Buyer shall inspect the Goods immediately upon receipt and once signed for are deemed acceptable, if not signed for the buyer shall notify the Seller within 48 Hrs of delivery that the Goods are damaged or do not comply with any of the Contract.
• Where a claim of defect or damage is made then it shall be 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 shall be entitled to replacement Goods or full credit (excluding delivery costs, if applicable). Email Atkinsons Fencing on firstname.lastname@example.org or telephone us on 01977 550441.
• Full credit will only be given if the goods are returned to us in a saleable condition with all packaging, components, labels, leaflets and instructions. We reserve the right to reduce the amount of refund if the goods are not in saleable condition.
• Goods to be returned must clearly show the order number obtained from the Seller on the package.
• 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.
• Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (excluding delivery charges, if any) except for return postal charges within 30 days of cancellation.
• All refunds are subject to a flat £3.00 admin fee
• Please note all returns will incurr a 10% restocking fee
8. Limitation of Liability
• Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
• The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9. Force Majeure
• Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its 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 from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
• If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11. Governing Law and Jurisdiction
• These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.