Copyright 2009 - 2016 © Garden Worx. All rights reserved.
Email: firstname.lastname@example.org | Tel: 01473 823 887
1, Aldham road, Hadleigh, Suffolk, IP7 6BJ - All Rights Reserved.
TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 07709876665.
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
2. Samuel Jackson trading as Garden Worx of 1 Aldham road, Hadleigh, Suffolk, IP7 6BJ with email address email@example.com; telephone number (07709876665); (the Supplier or us or we).
3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
4. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
5. Contract means the legally-binding agreement between you and us for the supply of the Services; payment of deposit is acceptance of these terms and conditions.
6. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer's order for the Services / goods from the Supplier as set out overleaf;
9. Services means the services, including any Goods, of the number and description set out in the Order.
10. The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.
11. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
12. All Services are subject to availability.
13. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
14. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
15. You must give accurate and true information about your properties boundaries and legal rights to the land where goods are being supplied or services are being carried out. Failure to supply us with true and accurate information will result in the contract being terminated with immediate effect, and full payment for the agreed contract being required within 5 business days of written notice of termination.
16. If you, the customer, knowingly provides false information about property boundary or legal rights to any property where goods are being supplied or services being carried out, which results in Garden Worx, and any of its representatives, needing legal representation, you, the customer will be responsible for all legal costs / fines as well as the original agreed contract price.
17. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you. Termination of the contract due to customer default will result in full payment being required within 5 business days of written notice of termination.
Basis of Sale
18. The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
19. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
20. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier's delivery of the Services to the Customer.
21. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date, unless we expressly withdraw or extend it at an earlier time.
22. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by/to the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Fees and Payment
24. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
25. Fees and charges that are applicable and/or included, are all set out in the contract.
26. Deposits for Services/ goods must be made at least 14 days in advance of delivery/ services to commence. Deposits are 50% of the total amount payable, unless a different sum has been agreed prior in writing between you, the customer and us, the supplier Garden Worx. You must pay in cash, cheque, or Bac’s with your Order and we can take payment immediately or otherwise before delivery of the Services. Deposits are non-refundable after the statutory period, 14 (fourteen) calendar days, after payment has been made. Where work has been agreed by both parties to be carried out before the 14 calendar days, deposits are non-refundable from when work / services commence. Any remaining balance will be due on completion of the goods being supplied and/or services being completed. On delivery of the goods and/or completion of services you, the customer will be required to sign an, acceptance of satisfactory completion of all works, document. On completion of the goods being delivered and/or services being completed only goods that can be returned in an original condition, including but not exclusive to, no fixing / installation marks, can be returned with a full refund at market value from where purchased. Labour costs are non-refundable once work has been completed. Garden Worx reserves the right to add additional late payment charges as follows: 10% of the remaining balance each week commencing from the day after goods have been supplied and/or services have been completed.
27. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
a. in the case of Services, within an agreed time; and
b. in the case of Goods, without undue delay and, in any event, not more than 30 calendar days from the day on which the Contract is entered into.
Garden Worx reserves the right to delay any delivery of goods / services if the weather is such that it will damage goods and/or hinder quality of services without incurring any additional charge to the customer or loss to Garden Worx.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract, except those made where the 14 calendar day statutory period has lapsed, and except those where the goods cannot be returned in the delivered condition.
29. If you were entitled to treat the Contract at an end, where Garden Worx is in breach of the contract, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them in an original delivery condition or allow us to collect them in original condition from you and we will pay the costs of this.
30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
31. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
33. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
34. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them. After 24 hours after delivery, if no contact has been made about the quantity / quality of materials it is accepted that the materials have been delivered to the order specification.
35. Garden Worx consider a working day to be a minimum of 7 hours. Any quotation given for a day rate is inclusive of any work carried out off site to enable goods to be delivered / services to commence. This includes but is not exclusive to collecting materials, processing and disposing of waste materials.
Risk and Title
36. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
37. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
38. You can withdraw the Order in writing within 14 calendar days of the deposit being made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
39. You can cancel the Contract, except for any Goods which are made to your special requirements, by telling us no later than 14 calendar days from the day the Contract was entered into. If you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods and Services which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods or Services. Deposits and payments for goods and/or services that are due to be delivered and/or commence will be non-refundable after 14 calendar days of receipt of the deposit.
40. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
41. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
42. It is not a failure to conform if the failure has its origin in your materials.
43. We will supply the Services with reasonable skill and care.
44. We will provide the following after-sales service: The supplier, Garden Worx, will support the customer by giving knowledge of after instillation care. It is the responsibility of the customer to maintain any required after care of the products supplied and/or installed. The supplier, Garden Worx, does not hold any responsibility for damaged or broken products that have been supplied and/or installed that have not received adequate and appropriate after care. This includes damage that has been caused by the customer as a result of not following advice from the supplier, Garden Worx. The supplier, Garden Worx, will support the customer in knowledge of how to operate any equipment, where applicable, that has been supplied and/or installed. The supplier, Garden Worx, reserves the right to fix any faulty materials that have been supplied and/or installed within 14 days at no additional cost or loss to both the customer and the Supplier, Garden Worx.
45. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
46. The Contract continues as long as it takes us to perform the Services.
47. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
48. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
49. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
51. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
52. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
53. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
54. For any enquiries or complaints regarding data privacy, you can contact operations manager. at the following e-mail address: firstname.lastname@example.org.
Successors and our sub-contractors
55. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
56. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and the right to cancel below.
57. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
58. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
59. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
60. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs, customers should contact Garden Worx in writing to email@example.com. Garden Worx will respond to the complaint with an appropriate solution within 5 working days.
By making a deposit payment, you are agreeing that you have read and agree to these terms and conditions.
Tel. 01473 823 887