Terms & Conditions
A. Definitions
'The Company'
Northwest Fencing
2 New Cut Lane
Woolston
Warrington
WA1 4AG
'The Customer'
The person, company or organisation purchasing goods or services from 'The Company', as shall be entered within the 'customer' section of all Company sales order/ecommerce/invoice documentation.
'Premium Delivery Service'
Premium delivery service refers to any time or date specific delivery options available on selected items for an additional charge. Normal deliveries based on the typical product delivery timescale are free and therefore not classed as part of the Premium delivery service.
B. Overview of Terms & Conditions
These terms and conditions (last updated April 2015) shall apply to the sale and supply of garden buildings and associated services by 'The Company', to the entity hereby referred to as 'The Customer'. 'The Company' means of good practice and retail compliance is primarily regulated by the 'Consumer Protection (Consumer contracts (Information, cancellation and additional charges) Regulations 2013, in addition to the 'Sale of Goods Act 1979' and other statutory instruments. This document contains references to the said regulations and has been supported with background information gained from the web sites of related parties, being; Department for business innovation and skills. Any order placed by 'The Customer' whether in person, by telephone, by mail or online (ecommerce) shall form a legally binding contract of sale, thus whilst the below terms are extensive they are given to define and protect the due rights of both 'The Customer' and 'The Company'.
1. RETENTION OF TITLE/OWNERSHIP
1.1 Legal ownership of any goods supplied shall remain vested to 'The Company', until such time that full payment of order/invoice monies has been received from 'The Customer'.
1.2 Should the 'The Customer' obtain goods without making full payment, 'The Customer' accepts that 'The Company' retains the right to demand and receive immediate settlement of all outstanding monies prior to transfer of ownership, or the 'The Customer' grants 'The Company' unrestricted access to reclaim the goods, at which point the order cancellation process (section 7 below) shall be instigated. The saleable condition of the goods prior to any reclaim is sole the responsibility of 'The Customer'.
2. PRICES
2.1 All pricing as shown upon 'The Company' literature and this web site are shown in (£) Pounds Sterling.
2.2 All pricing as shown upon 'The Company' literature and this web site are shown inclusive of the current prevailing rate of Value Added Tax (VAT). 'The Company' VAT number is 7937614.
2.3 All pricing as shown upon any branded literature provided, i.e; manufacturer brochures, is provided for information only and does not form part of a sale. 'The Company' web site pricing shall prevail and apply at point of sale.
2.4 All goods as priced, except those defined in 2.5, shall be supplied free of delivery charge when delivered to addresses in mainland locations throughout England, Wales and Scotland.
2.5 the order shall be revised and proceed. If declined, 'The Company' will cancel 'The Customers' order and refund all order monies received.
2.6 'The Company' pricing is reviewed upon a calendar monthly basis, but revisions will be applied at any time for; (a: increases) material and manufacturer price rises, or (b: reductions) offers or promotions as defined.
2.7 'The Company' reserve the right to offer 'The Customer' reduced pricing should they; (a) use a voucher code, (b) offer volume incentive, or (c) offer other incentive where discretion can be applied.
2.8 'The Company' cannot retrospectively apply pricing changes once an order has been fully processed.
2.9 'The Company' cannot retrospectively apply a voucher code to an order once it has been fully processed.
2.10 Prices stated on pro-forma invoices issued by 'The Company' are only valid until the valid date stated on the pro-forma. Pro-forma orders where payment is received after the valid date may be rejected if the product price has changed. Upon rejection, any payment received will be duly returned.
3. PAYMENT
3.1 'The Company' standard payment terms are full payment with order.
3.2 Payments are only accepted in (£) Pounds Sterling.
3.3 Payments are only accepted by the following means; company cheque or banker’s cheque (made payable to Northwest Fencing), BACS (electronic banking), Visa, MasterCard, Visa Delta and Electron. There is a 2% charge on all card payments.
3.4 Upon cheque-based orders, goods shall not be released until such a cheque passes clearance and the funds credit 'The Company' bank account.
3.5 'The Company' actively strive to prevent credit/debit card fraud. All card-based orders without exception are subjected to cardholder name, address and other security checks as deemed essential.
3.6 'The Company' retain the right to undertake any third-party search as necessary, such as via 'The Company' card processing organisation, to satisfy that 'The Customer' card details are valid.
3.7 It is the responsibility of 'The Customer' to always provide their registered cardholder address when requested. Any processing delays caused by incorrect data provision will not be at the fault of 'The Company'.
3.8 'The Company' reserves the right to alter the standard payment terms of any customer if deemed appropriate, or where special terms form part of a package deal or offer.
3.9 'The Company' reserves the right to reject orders should details supplied by 'The Customer' fail to pass security checks detailed in 3.5 and 3.6
4. DELIVERY
4.1 'The Company' shall aim to fulfill all orders at the earliest opportunity subject to 4.3, using the distribution infrastructure provided by the manufacturer of the branded product chosen.
4.2 'The Company' delivery periods as published are given in good faith and are anticipated, based upon manufacturer guidance. Delivery can occur sooner or later than the anticipated timescales.
4.3 The delivery period will commence from point of cleared payment, thus (a) next working day upon card-based orders, and (b) clearance of funds upon cheque-based orders.
4.4 Delivery periods are provided in working days (i.e.; 20 working days = 4 weeks), to account for the incidence of public holidays and that manufacturers transport typically operate weekdays only.
4.5 Deliveries are made weekdays only, typically during the hours of 7.00am to 7.00pm, however, this can vary by manufacturer. 'The Company' is not able to offer timed deliveries.
4.6 The party delivering on behalf of 'The Company' shall be instructed to contact 'The Customer' to advise a delivery date near the term of their order. Notice may vary between 1 and 5 working days.
4.7 Product delivery (supply only) shall be to kerbside or driveway only. It is at the discretion of the carrier or delivery driver, should they decide to transit the goods to an alternative point upon the property of 'The Customer'.
4.8 As 'The Company' is not the manufacturer of the branded products, it cannot be held responsible for the delay in delivery caused by; (a) the manufacturing process, or (b) third party such as a contracted carrier.
4.9 Should the delivery period extend beyond (whichever is longer) that published, subsequently notified or 30 days after the date of order (as section 19 of the Distance Selling Regulations) 'The Customer' can cancel their order without penalty.
4.10 It is the responsibility of the 'The Customer' to provide free and unobstructed access for product delivery and subsequent usage. Any failed, abortive or return delivery charges shall be recovered from 'The Customer' at cost.
4.11 'The Company' products are mainly large and sectional that will not fit through a pedestrian door. As 4.10, it is the responsibility of 'The Customer' to notify any access concerns to 'The Company' at the point of order.
4.12 In the interests of Health & Safety for 'The Company' employees, manufacturers or contractors, on delivery our bulky products shall not be; (a) lifted over walls, fences etc, and (b) transited to other floors other than highway level.
4.13 All delivered goods must be signed for (POD) by the 'The Customer' or their appointed representative, at which point responsibility and risk of the goods (not title if unpaid) shall pass to 'The Customer'.
4.14 If 'The Customer' cannot be in attendance on delivery, prior written authority and acceptance of responsibility to leave the unattended product must send an email to delivery@northwestfencing.net
4.15 'The Company' will not bear any abortive costs arising from 'The Customer' due to a failed delivery, as the delivery process is operated by each manufacturer beyond the control of 'The Company'.
4.16 "Expected", "Typical", "Anticipated" and "Estimated" delivery dates stated on 'The Company' website and associated literature do not imply guaranteed delivery dates.
4.20 It is the duty of 'The Customer' to make themselves available to be contacted prior to delivery. Should 'The Company' or its chosen agent is unable to contact 'The Customer' the delivery of the order will be adversely affected.
4.21 'The Company' is not liable for delivery delays or failures caused by factors outside of 'The Company' control including "Acts of Nature", adverse weather conditions, road accidents, vehicle breakdown or personal illness. See also 4.18 and 4.20
4.22 Delivery shall only be made to a registered residential or commercial address. Delivery will not be made to an allotment, car park, waste ground etc.
5. ERECTION
5.1 All products are sold and supplied for self-assembly only by 'The Customer', unless otherwise stated.
5.2 Where an erection service option is shown and selected by 'The Customer', this service will be undertaken at the stated cost in a diligent and professional manner.
5.3 To ensure erection can be completed, the customer may be required to; (a) provide a concrete or paved base, being firm, square (diagonals) and level (by spirit level) - no less than the size of their chosen product, (b) ensure 600mm (2') unobstructed access is provided all around the proposed site, (c) no trees, branches or similar encroach upon the proposed site or working space, and (d) provide clear external pedestrian access (not height or turn limited) to allow unimpeded passage of the product sections or components.
5.4 If on arrival the base prepared by 'The Customer' does not comply to 5.3 or offer serviceable support for the product as defined by the manufacturer, 'The Customer' shall be liable for an action of their choosing as defined under 5.5 or 5.6.
5.5 Upon abortive installation, the product can be left for self-assembly by 'The Customer', but the erection service fee or 10% of product price (whichever is greater) shall be retained to account for the abortive labour costs. Some manufactures may also charge a revisiting charge.
5.6 Upon abortive installation, the product can be left until 'The Customer' provides an appropriate base, at which point a return erection visit can be arranged upon payment of an additional charge similar to that defined in 5.5. The initial fee having been retained to account for the initial aborted labour costs.
5.7 For supply only orders, the customer should not arrange or commence any erection service privately until they have received their product and have fully checked that their product is both complete and sound.
5.8 'The Company' will not bear any abortive costs arising from 'The Customer' or their privately employed labour, due to the failure of 'The Customer' to check the product as defined in 5.7, or while awaiting receipt of any missing or replacement parts.
5.9 See section 12.3 regarding personal injury.
6. SHORTAGES/DAMAGE
6.1 'The Customer' shall inspect the goods and notify 'The Company' within seven days after the day of receipt of any shortages or damage to the said goods.
6.2 Shortage or damage should be reported with detail, either in writing to 'The Company' address, by email to damage@northwestfencing.net or by telephone. Pictures may be requested.
6.3 Upon approved claims within the period defined in 6.1, the manufacturer will forward the replacement parts usually within 5 to 10 working days, subject to stock level.
6.4 Guarantee claims made by 'The Customer' after the period as defined in 6.1, shall only be considered at the discretion of the manufacturer and not 'The Company'.
6.5 All statements made relating to guarantee periods are to be honoured by the relative manufacturer. 'The Company' shall assist with any guarantee claim but shall not bear responsibility.
6.6 We reserve the right to decline any replacement request should damage or miss-use of the product have occurred upon 'The Customer' property or during self-assembly.
6.7 'The Company' will not be liable for any costs incurred by 'The Customer', should they fail to inspect and satisfy themselves that the product is sound and complete prior to self-assembly, see also 5.7 and 5.8.
6.8 Replacement(s) for shortages or damage reported on 'Premium delivery service' orders would be arranged using the 'Standard' delivery. The initial service charge will be retained to account for the initial delivery service.
6.9 See section 12.3 regarding personal injury.
7. RETURN (CANCELLATION)
7.1 All goods are newly manufactured for sale or to order, as described upon 'The Company' web site. We do not retail seconds or ex-display products; thus a return should be considered unlikely.
7.2 A return or cancellation of supply only goods can be instructed up to 14 working days after the date of delivery (except 7.3), as defined by part 2 of the Consumer Contracts (Information, Cancellation and Additional charges) Regulations 2013.
7.3 'The Customer' has no right to cancel at any time should their order include any modification or bespoke requirements agreed with the customer at the order stage.
7.4 The statement in 7.3 is formed from the 'Exceptions to the right to cancel' this exemption (Is now under regulation 28 (B) of the Consumer Contracts (Information, Cancellation and additional charges) Regulations 2013.
7.5 A return or cancellation should be made in a durable means as defined by part 10 of the Consumer contracts (Information, cancellation and additional charges) Regulations 2013 being; either in writing to 'The Company' address or by email to returns@northwestfencing.net
7.6 It is the responsibility of 'The Customer' to meet all product return costs, either by their own arrangement or at the direct cost levied to 'The Company'. Stated, this provision is now under regulation 35 (5) of the consumer contracts (Information, Cancellation and additional charges) Regulations 2013.
7.7 It is the responsibility of 'The Customer' to retain possession and take reasonable care of the goods, until the goods have been returned to the possession of; 'The Company', the manufacturer or a carrier appointed by either.
7.8 All return costs sought by 'The Company' shall be deducted from the order monies held, thus any refund to 'The Customer' shall be passed less this return charge.
7.9 Return costs are not fixed and are based upon variables such as product and location. Typical return costs begin at £35 for a basic pre-packed item, through £60-£95 for an average shed, to several hundred pounds for log cabins.
7.10 Where 'The Customer' instructs 'The Company' to undertake a collection and return, 'The Company' shall notify 'The Customer' of the return charge in writing (by email or telephone) prior to undertaking the process.
7.11 'The Company' will not profit from any return charges received from 'The Customer'. A return charge will always equate to the cost 'The Company' expended.
7.12 Reimbursement (refund) of cancelled order monies held, less the return delivery charge defined in 7.6 to 7.11, shall be made in a period not exceeding 30 days, as Section 14, part 3 of the Consumer contracts (Information, cancellation and additional charges) Regulations 2013
7.13 Statute states that a product should be returned in its original condition, thus fit for re-sale as new. We shall therefore reject the return of any product where assembly has been commenced, thus rendering the product as 'used'.
7.14 'The Company' is not liable for damages or issues caused by factors outside of 'The Company' control including "Acts of Nature", adverse weather conditions, flooding, vandalism or accidental damage.
7.15 If your goods are found to be faulty after a 14-day period please contact us to discuss further.
8. COMPLAINTS
8.1 In the event of any complaint or grievance, 'The Customer' should initially make contact by telephone on 01925 823 227, followed by a formal email complaint to complaints@northwestfencing.net or letter to 'The Company' address.
8.2 For efficient handling, 'The Customer' should state upon all correspondence; (a) their name, (b) their address, (c) their sales invoice number, (d) the product, and (e) a description of their complaint.
8.3 We shall endeavour to promptly resolve any complaint and/or respond with our stance. Should a response not be received within 5 working days, please send a "Second Request" for the attention of The Customer Service Manager.
8.4 It is the intention of 'The Company' to resolve any dispute fairly, amicably and to the satisfaction of all parties concerned at the earliest opportunity. Online Dispute Resolution (ODR) Platform - http://ec.europa.eu/consumers/odr
9. PRIVACY
9.1 We are committed to protect and respect customer privacy.
9.2 We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
9.3 Any personal details given by 'The Customer' shall not be passed or made available to any other company, organization or third party with the exception of 10.4.
9.4 To enable us to efficiently fulfil your custom, 'The Customer' contact name, telephone number and address shall be passed to our manufacturers to enable direct delivery and communication.
9.5 'The Company' shall only use 'The Customer' telephone and email contact details when deemed appropriate and necessary to discuss and fulfil their order.
11. REVIEWS
11.1 All reviews placed via email or our web site shall remain anonymous. No personal contact details shall be shown.
11.2 As reviews are anonymous we're unable to reply, thus no order specific content should be submitted.
11.3 For all orders we shall issue 'The Customer' with an email 'review reminder', 40 days after transaction.
11.4 We retain the right to correct grammar upon any review, but not the content.
11.5 All reviews submitted are subject to 'Company' vetting. We retain the right to approve, disapprove or display at our discretion.
11.6 For continuous product improvement and monitoring, we reserve the right to forward any review to the product manufacturer.
11.7 To ensure we receive genuine product feedback, only 'The Customer' can submit a product review; via the ‘product review’
12. MISCELLANEOUS
12.1 If 'The Customer' wishes to amend their order post-sale (i.e.; after order processing), a nominal £15 'Administration Charge' shall be levied to account for the manual handling of all documentary and payment revisions in line with any post-sale 'Customer' instructions; extra-over to any material or service cost adjustments/revisions.
12.2 Should the product ordered by 'The Customer' become unavailable, 'The Company' reserves the right to arrange the supply of an alternative product of a similar nature and value where appropriate or to arrange a refund for 'The Customer'.
12.3 It is the responsibility of 'The Customer' to take reasonable care during the assembly and use of the product(s). 'The Company' shall not be held liable for any damage or personal injury caused by misadventure, negligence or misuse of the product(s).
13. LAW
13.1 These terms and conditions shall be interpreted in accordance with UK Law.
13.2 All sales conducted through 'The Company' are subject to these terms and conditions.