G JONES GARDEN SERVICES LTD TERMS AND CONDITIONS FOR THE SALE OF GOODS
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
(a) You are an individual.
(b) You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
1.5 Definitions. In this contract:
(a) ‘We’, ‘us’ or ‘our’ means G Jones Garden Services Ltd; and
(b) ‘You’ or ‘your’ means the person using our site to buy goods from us.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are G Jones Garden Services Ltd, a company registered in England and Wales. Our company registration number is 07696746 and our registered office is at 9 Riverside, Waters Meeting Road, Bolton, BL1 8TU. Our registered VAT number is 712440671.
2.2 How to contact us. You can contact us by telephoning us at 0161 790 2133 or 07970 636 546 or by writing to us at 26 Everard Close, Worsley, Manchester, M28 7TY and firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order.
(a) Order Acknowledgment. After you place your order on our website, we will send you an acknowledgment email with a VAT invoice (if applicable) to let you know that we have received your order (Order Acknowledgment). This does not mean that your order has been accepted by us. Your order is an offer to buy products from us on these terms.
(b) Order Confirmation. Acceptance of your order by us takes place when we email you to confirm your order is accepted and provide a delivery date and a VAT invoice (where applicable) (Order Confirmation), at which point a legally binding contract is formed between you and us on these terms. Where we can accept your order, we aim to provide the Order Confirmation within 2 working days of the Order Acknowledgment.
(c) Shipping Confirmation. We will send you a shipping confirmation email to let you know once your order has been dispatched (Shipping Confirmation).
3.2 If we cannot accept or fulfil your order. If we are unable to accept or fulfil your order, we will inform you of this and will not charge you for the product and/or will promptly provide you with a full refund (including any delivery costs) if payment has already been taken. We have the right to reject any order for any reason. This might be because:
(a) the goods are out of stock;
(b) we cannot authorise your payment;
(c) you are not allowed to buy the goods from us;
(d) we are not allowed to sell the goods to you;
(e) you have ordered too many goods;
(f) there are unexpected limits on our resources which we could not reasonably plan for;
(g) we have identified an error in the price or description of the goods; or
(h) we are unable to meet a delivery deadline you have specified.
3.3 Availability. All orders are subject to availability. We cannot guarantee that any product will be available at any given time. In certain circumstances beyond our reasonable control, we may be unable to supply the goods or we may need to stop selling certain goods. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a full refund (including any delivery costs) if payment has already been taken.
3.4 Your order number. We will assign an order number to your order automatically after you place your order on our website but this does not mean that your order has been accepted by us (see clause 3.1 for confirmation on How we will accept your order). It will help us if you can tell us the order number whenever you contact us about your order.
3.5 We only sell to certain locations in the UK. Our website is solely for the promotion of our products in England, Wales and Scotland. Unfortunately, we do not deliver to addresses in Northern Ireland or outside the UK.
4. OUR GOODS
4.1 Made-to-measure artificial grass. All of our artificial grass products are made according to the measurements which you provide to us at the time of your order. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% tolerance. You do not have the right to cancel in respect of made-to-measure artificial grass and will not be entitled to a refund unless the artificial grass is faulty (see clause 12).
4.2 Making sure your measurements are accurate. If we are making the goods to measurements you have given us you are responsible for ensuring that these measurements are correct. We cannot accept returns on made-to- measure artificial grass if the reason for the return is because the measurements you provided were incorrect. You can find information and tips on how to measure on our website or by contacting us.
4.3 Goods subject to the following descriptions. If you order any of our artificial grasses, you should be aware of the following qualities which will form part of the description of the goods of on our website:
(a) Creases. The structure, storage and / or transit of the artificial grass may cause natural creases in the product. Creases will ordinarily flatten within 3 months of the supply and / or installation of the artificial grass and should not be considered a product defect. We recommend that the artificial grass in unrolled and exposed to warm sunlight before installation in order to reduce visible creases. You may also try gently pulling the edge of the artificial grass to encourage the creases to smooth or expose the latex backing of the artificial grass to sunlight and gently stretch by hand.
(b) Lines. A visible straight line may appear in the artificial grass which may have been caused by the devices used during the manufacturing and / or alignment process or during the cutting process. Lines can be removed by exposing the artificial grass to warm sunlight and gently manipulating the fibres by hand or with a power brush to remove the line. Lines should not be considered a product defect.
(c) Colour differential. All rolls of artificial grass supplied in a single order will be cut from the same batch. Although we have made every effort to ensure that the artificial grass supplied will be consistent in colour, it is possible that artificial grass in any subsequent orders will be cut from separate batches and may have a slight colour differential due to the manufacturing process. A slight colour differential in the batches of artificial grass supplied should not be considered a product defect.
(d) Reflective surfaces. Our artificial grass is manufactured using polyethylene and polypropylene and therefore reflective or magnifying surfaces such as glass, clear plastic or otherwise could cause scorching of the grass. It is your responsibility to prevent any such damage occurring to the artificial grass and we will not be liable for any scorching which occurs. We are able to provide a repair service for scorched artificial grass, for a fee, if you require.
(e) Dark and light patches. There may be instances where the artificial grass has dark and light patches. This is caused by the grass fibres being compressed in some areas during storage and / or transit. We recommend that you expose the grass to warm sunlight and manipulate the grass fibres with a brush to relax any compressed areas. If the compression is severe, you may wish to use a mechanical power brush to lift the grass fibres. Dark and light patches which can be rectified as suggested above should not be considered a product defect.
(f) High traffic zones. Any areas of the artificial grass which are subject to high traffic may flatten over time due to pressure on the grass blades, causing these to compress. This can alter the appearance of these sections of the grass compared to those which have not been subject to compression. This is natural wear and tear and we will not be liable for any flattening which occurs due to compression over time.
(g) Pets and wildlife. Whilst our artificial grass is non-toxic and pet-friendly, we do not warrant that our artificial grass is indestructible or impervious to damage by pets or other wildlife.
4.4 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.
4.5 Packaging may vary. The packaging of the goods may vary from that shown in images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the goods. We may change the goods:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website when calculated at checkout.
7.2 When we will provide the goods. During the order process we will let you know when we will provide the goods to you. We aim to contact you with to confirm an estimated delivery date the next working day after you place your order on our website. We aim to dispatch your goods within 3 to 5 working days of your order, however this is an estimate only and the date of dispatch will vary depending on the delivery location and availability of the goods. The date of dispatch and delivery may be longer for deliveries to Scotland. We will deliver your order within 30 days of the Shipping Confirmation email unless otherwise agreed between you and us.
7.3 All deliveries will be made between the hours of 8am and 6pm on weekdays (excluding bank holidays). If we are unable to deliver the goods in one delivery due to operational reasons or a shortage of stock, we will deliver the goods in instalments at no extra cost.
7.4 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay and / or provide you with a revised estimated date for delivery. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 Kerbside delivery only. The goods will be delivered by our carrier to the address specified by you when you placed your order with us. If the goods include artificial grass, due to the size and weight of the goods, delivery will be kerbside delivery only. If, in contravention of our instructions, our carrier unloads the goods at any part of your premises other than kerbside, we will have no liability for any losses or damage caused by the carrier’s negligence or otherwise.
7.6 Your delivery obligations. Our carrier operates a one-man delivery service. Therefore you or a person nominated by you will need to be present during the delivery to assist our carrier with unloading the goods. Due to the size and weight of the goods, you should ensure that you or the person nominated by you to assist with the unloading are over the age of 18, are in good health and are physically capable of assisting with unloading the goods.
7.7 Acknowledging receipt. Our carrier will request that you sign a receipt acknowledging delivery of the goods. You should inspect the goods immediately to ensure you are satisfied with the type, quantity and the condition of the goods delivered. You will be asked to indicate on the receipt whether you have inspected the goods or not. If you believe that there is an issue or potential fault with the goods on delivery, please contact us immediately.
7.8 If you are not at the address when the goods are delivered. If no one is available at your address to take delivery and / or assist with unloading of the goods, we will leave you a note informing you of how to rearrange delivery. Our carrier will not leave the goods on your lawn, at your porch, at your garage or any other location at the address.
7.9 Re-arranging delivery. Please contact us by telephoning us at 0161 790 2133 or 07970 636 546 to rearrange delivery. We will require you to pay an additional charge of £40.00 plus VAT prior to the re-arranged delivery to cover the second delivery attempt.
7.10 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery, we will contact you for further instructions and may charge you for storage costs (including insurance) and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 15.2 will apply. If you are a business customer and you do not re-arrange delivery within 10 days of the failed delivery, we reserve the right to resell or otherwise dispose of part or all of the goods and, after deducting reasonable storage and selling costs, account to you for any excess over the price of the goods or charge you for any shortfall below the price of the goods.
8. RISK AND OWNERSHIP
8.1 When you become responsible for the goods. The goods will be your responsibility from the time we deliver
the goods to the address you gave us.
8.2 When you own goods. You own the goods once we have received payment in full.
9. PRICE AND PAYMENT
9.1 Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 9.3 for what happens if we discover an error in the price of the goods you order.
9.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
9.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
9.4 When you must pay and how you must pay. We accept payment by both credit and debit card. You must pay for the goods before we dispatch them. Your credit card or debit card will be charged once your order has been submitted via our website. If the goods become out of stock we will notify you as soon as possible and you will be refunded where we have already taken payment.
under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
10. SUSPENDING SUPPLY OF THE GOODS
10.1 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you, for example, confirmation of any measurements for artificial grass. If so, this will have been stated in the description of the goods on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 15.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
10.2 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:
(a) deal with technical problems or make minor technical changes;
(b) update the goods to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the goods as requested by you or notified by us to you (see clause 6).
10.3 Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of the goods, unless the problem is urgent or an emergency. You may contact us to end the contract for the goods if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the goods in respect of the period after you end the contract.
11. MANUFACTURER GUARANTEE
11.1 A manufacturer guarantee may be offered for certain artificial grass products supplied by us. Please be aware that the manufacturer guarantees offered for certain artificial grass products are non-transferable. For details, please refer to the ‘Warranty’ section for your chosen goods on our website.
11.2 If your manufacturer guarantee is provided by Namgrass UK Limited (of Redcliffe Garden Centre Bashley Road, Bashley, New Milton, Hampshire, BH25 5RY) you must register the guarantee on its website (www.namgrass.co.uk) within 1 month of us supplying the goods to you. If you are a business customer, it is your responsibility to ensure that this information is passed on to any party you may re-sell the goods to.
11.3 If you are a consumer, the manufacturer guarantees offered to UK customers are more generous than your legal rights under the Consumer Contracts Regulations. These guarantees are in addition to, and do not affect, your legal rights in relation to faulty or misdescribed products (see clause 17). In the event that the manufacturer ceases trading, we will not be responsible for providing any further or subsequent guarantee in respect of the goods or any rights in addition to, or that are more generous than your statutory rights under the Consumer Contracts Regulations.
12. YOUR RIGHTS TO END THE CONTRACT
12.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If you want to end the contract because of something we have done or have told you we are going to do, see clause 12.2;
(b) If you are a consumer and have just changed your mind about the goods, see clause 12.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(c) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 12.4;
(d) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), see clause 17 if you are a consumer and clause 18 if you are a business;
12.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the goods may be significantly delayed because of events outside our control;
(c) we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(d) you have a legal right to end the contract because of something we have done wrong.
12.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. However, for some goods you do not have the right to cancel once you place your order or you may lose the right to cancel in certain circumstances. This is further explained below.
(a) When consumers do not have the right to change their minds. As a consumer, you do not have the right to cancel once you place your order in respect of the following goods and will not be entitled to a refund unless such goods are faulty:
(i) our artificial grass;
(ii) any other goods which are made to your specifications, customised, bespoke or personalised;
(iii) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(iv) any products which become mixed inseparably with other items after their delivery.
This does not affect the rights you have if your goods are faulty. These are set out in clause 17.
(b) How long do consumers have to change their minds? The cancellation period will expire 14 days after the day on which you, or someone you nominate, receives the goods unless your goods are split into several deliveries over different days, in which case you have until 14 days after the day to (or someone you nominate) receives the last delivery. To meet the cancellation deadline, it is sufficient for you to send your cancellation request before the cancellation period has expired.
12.4 Ending the contract where we are not at fault and you are not a consumer who has the right to change their mind. Your rights to end the contract even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 12.1), will depend on what you have bought and whether there is anything wrong with it.
(a) You do not have the right to cancel an order for made-to-measure artificial grass once you place your order and before it is completed and you will not be entitled to a refund unless such goods are faulty;
(b) If you want to end a contract for any other goods before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
13. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
13.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call us on 0161 790 2133 or 07970 636 546 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Print off and complete the model cancellation form attached to these terms and conditions and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
14. EFFECTS OF CANCELLATION
14.1 Returning goods after ending the contract. Unless the goods are faulty or misdescribed (in which case see 14.2 (When we will arrange return of the goods and pay the costs of return)), you are responsible for returning the goods to us within 14 days of telling us that you want to end the contract. The deadline is met if you send the goods back to us before the 14-day period has expired. We strongly recommend that you get proof of postage / delivery. Goods must be returned to us in a new and unused condition and, to the extent possible, in their original packaging.
14.2 When we will arrange collection of the goods and pay the costs of return. We will arrange for the goods to be collected from you and we will pay the costs of return:
(a) if the goods are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the goods, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must arrange return of the goods to our premises and pay the costs of return in accordance with clause 14.1.
14.3 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
14.4 How we will refund you. If you are entitled to refund under these terms we will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. PLEASE NOTE IF THE RIGHT TO CANCEL DOES NOT APPLY TO THE GOODS, YOU WILL NOT BE ENTITLED TO A REFUND UNLESS THEY ARE FAULTY.
14.5 When we may make deductions from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. This includes, but is not limited to, goods which have been cut, folded, laid on the ground, installed (or the installation process has begun) or soiled. See our Returns Policy [HERE] for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
14.6 When your refund will be made. We will make any refunds due to you as soon as possible using the same payment method you used to make your purchase, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund. If you are a consumer exercising your right to change your mind then we will issue the refund within:
(a) 14 days after the day we receive the goods back from you; or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
(c) if no goods have been supplied, 14 days after the day on which you told us that you want to cancel this contract.
15. OUR RIGHTS TO END THE CONTRACT
15.1 We may end the contract if you break it. We may end the contract for goods at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, measurements for artificial grass; or
(b) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
15.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 15.1 we will refund any money you have paid in advance for goods we have not provided (except in the case of made-to-measure artificial grass under clause 4.1) but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
15.3 We may withdraw the goods. We may write to you to let you know that we are going to stop providing the goods. We will let you know at least 30 days in advance of our stopping the supply of the goods and will refund any sums you have paid in advance for goods which will not be provided.
16. IF THERE IS A PROBLEM WITH THE GOODS
16.1 How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone us at 0161 790 2133 or 07970 636 546 or write to us at 26 Everard Close, Worsley, Manchester, M28 7TY and firstname.lastname@example.org.
16.2 Inspecting the goods. Where you order artificial grass from us, we recommend that you inspect the artificial grass carefully prior to installation. The artificial grass should be unrolled and examined thoroughly for any defects before it is cut, folded, laid, installed or becomes soiled.
16.3 Do not install if there are faults. If there are any faults or defects with the artificial grass which are discoverable by a physical inspection, you should not proceed to cut, fold or install the artificial grass and should report the fault and/or defect to us as soon as possible so that we may resolve the issue for you at the earliest opportunity.
17. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
17.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
For goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 12.3.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
17.2 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must allow us to collect them from you. We will pay the costs of postage and / or collection. Please call customer services on 0161 790 2133 or 07970 636 546 or email us at email@example.com to arrange collection.
18. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
18.1 If you are a business customer we warrant that on delivery any goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
18.2 Subject to clause 18.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with
the warranty set out in clause 18.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our opinion, repair or replace the defective product, or refund the price of the defective product in full. For the avoidance of doubt, we accept no liability to you in respect of the costs of fitting or installing the repaired or replaced product.
18.3 We will not be liable for a product’s failure to comply with the warranty in clause 18.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 18.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal working conditions.
18.4 Except as provided in this clause 18, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 18.1.
18.5 These terms shall apply to any repaired or replacement products supplied by us under clause 18.2.
19. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
19.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
19.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods including the right to receive goods which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
19.3 We are not liable for business losses. If you are a consumer we only supply the goods to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 20.
20. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
20.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; and
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
20.2 Except to the extent expressly stated in clause 20.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and any other statute, common law or otherwise are excluded to the fullest extent permitted by law.
20.3 Subject to clause 20.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or
otherwise, for any loss of profit, loss of sales or business, loss of agreements or contracts, loss of 11
anticipated savings, loss of or damage to goodwill or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for goods under such contract.
21. HOW WE MAY USE YOUR PERSONAL INFORMATION
21.1 How we may use your personal information. We will only use your personal information as set out in our
22. OTHER IMPORTANT TERMS
22.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for goods not provided.
22.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
22.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
22.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
22.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
22.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.
22.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Schedule 1 MODEL CANCELLATION FORM FOR CONSUMER CUSTOMERS
(Complete and return this form only if you wish to withdraw from the contract)
To: G Jones Garden Services Ltd
26 Everard Close, Worsley, Manchester, M28 7TY firstname.lastname@example.org.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods: Ordered on [*]/received on [*],
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper), Date: