All order are
completed under our general terms and conditions
of sale as below.
GENERAL TERMS OF SALE
All quotations are given and all orders are accepted on these terms, which supersede any other
terms appearing in the Sellerís catalogue or elsewhere, and shall
override and exclude any other terms stipulated or incorporated or
referred to by the Buyer, whether in the order or in any negotiations,
and any course of dealing established between the Seller and the Buyer.
All orders hereafter made by the Buyer shall be deemed to be made
subject to these terms.
All descriptions and
illustrations contained in the Sellerís catalogues, price lists and
advertisements or otherwise communicated to the Buyer are intended
merely to present a general idea of the Goods described therein.
The Company will use every
endeavour to execute the Contract at the price specified in the Contract
but reserves the right to alter the price if necessitated by any
alternation in the cost of materials, labour, transport or packages or
by any other circumstances beyond its control. The Company shall give
to the Customer notice in writing of any alteration in price and such
alterations shall become effective forthwith. If the Customer is not
prepared to accept any increase in price so notified, he shall have the
right to be exercised within fourteen days of the Companyís notice to
cancel the undelivered portion of the goods sold under the Contract.
CANCELLATION AND RETURNS
The buyer may not cancel or
return the order without the consent of the Seller. If any of
your goods arrive damaged or faulty, please notify us in writing by
email post or fax within 72 hours of the receipt of the goods. We will
arrange to have the goods collected from you. Once returned we will
check them and either supply replacement goods or a refund. If the goods
are being returned for any other reason than being faulty or damaged,
you must pay the cost of returning these goods to us and, as such, will
be deducted from any refund given. You will not be charged for returning
goods that you did not order, are defective or damaged. The Garden Seat
will not accept any returns where the products have been altered. We aim
to process all refunds with 28 days of receipt of the goods into our
warehouse. All refunds will be made back to the original form of
payment. If you paid by credit or debit cards, the money will be
refunded back to the card. If you paid via BACS or cash, then the money
will be refunded into your bank account.
All items must be paid in
full with fund cleared prior to delivery. We accept BACS, Cheques, and
most Credit and
Debit cards. We do not accept cash or cheque on delivery. Cheques should
be made payable to
All delivery dates are estimates only and the time of
delivery shall not be of the essence of the contract.
All deliveries are made to a ground floor location during
normal office hours unless previously arranged.
The Seller shall not be liable for any loss of any kind to
the Buyer arising from any damage to the Goods occurring after the
risk has passed to the Buyer however caused, nor shall any liability
of the Buyer to the Seller be diminished by reason of such loss.
The Seller shall not be responsible for strikes, lockouts or
PASSING OF RISK OF PROPERTY
Risk of loss or damage to the Goods shall pass to the Buyer
from the time of delivery.
The property in the Goods shall not pass to the Buyer until
all sums from time to time owing by the Buyer to the Seller have
been paid, and until payment of all such sums, the Seller shall
remain the owner of the Goods.
Such sums shall not be treated as paid until all cheques,
bills of exchange or other instruments of payment given by the Buyer
have been met on presentation or otherwise honoured in accordance
with their terms. The Seller may sue for the whole of the price of
any Goods delivered at any time after such instruments have become
In the event of any sale or other disposition of the Goods by
the Buyer, the Buyer shall hold on trust for the Seller: -
If the Goods have not been mixed with or incorporated into
other goods, the whole of the proceeds of sale: or
If the Goods have been mixed with or incorporated into other
goods, a just proportion of the proceeds of sale.
If the Buyer defaults in the punctual payment of any sum
owing to the Seller then the Seller shall be entitled to the
immediate return of all Goods sold by the Seller to the Buyer (or
the documents of title thereto) in which the property has not passed
of the Buyer, and the Buyer hereby authorises the Seller to recover
the Goods or documents and to enter any premises of the Buyer for
that purpose. Demand for or recovery of the Goods or documents by
the Seller shall not of itself discharge either the Buyerís
liability to pay the whole of the price and take delivery of the
Goods or the Sellerís right to sue for the whole of the price and
for the avoidance of doubt all monies then outstanding shall be
immediately due in respect of Goods already supplied notwithstanding
any credit period mentioned in the payment terms referred to in this
INSPECTION OF GOODS
The Buyer shall inspect the
Goods immediately on delivery thereof and shall within three days from
such delivery give notice in writing to the Seller of any matter or
thing by reason whereof the Buyer may allege that the Goods are not in
accordance with the order. If the Buyer shall fail to give such notice
the Goods shall be deemed to be in all respects in accordance with the
contract and the Buyer shall be deemed to have accepted the Goods
accordingly. The Buyer will have no claim unless such notice is given.
The Contract shall be
governed by and construed in accordance with English Law.
Buyer shall not assign any benefit under the contract without the
consent in writing of the seller, which may if given, be on such terms
as to guarantee or indemnify or otherwise as the Seller thinks fit