Your statutory customer rights are not affected.
Stark & Greensmith Limited, 31b Bell Street, Reigate, Surrey, RH2 7AD Company number 08104300
Online: Contact Us
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.
Overview Of Terms & Conditions
These terms and conditions (last updated August 2016) shall apply to the sale and supply of garden fencing products 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.
Retention of Title/Ownership
- 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.
- Should 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 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 the sole responsibility of The Customer.
- All pricing shown upon The Company’s literature and this web site is shown in (£) Pounds Sterling.
- All pricing as shown upon The Company’s literature and this web site are shown inclusive of the current prevailing rate of Value Added Tax (VAT). The Company’s VAT number is 238760386.
- All pricing as shown upon any branded literature provided is provided for information only and does not form part of a sale. The Company’s web site pricing shall prevail and apply at point of sale.
- All goods as priced, except those defined in 2.5, shall be supplied with the calculated delivery charge as shown on the web site added when delivered to addresses in mainland locations throughout England, Wales and Scotland.
- The Company’s pricing is reviewed from time to time, but revisions will be applied at any time for material and manufacturer price rises or offers or promotions.
- The Company reserves 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.
- The Company cannot retrospectively apply pricing changes once an order has been processed.
- The Company cannot retrospectively apply a voucher code to an order once it has been processed.
- Prices stated on pro-forma invoices issued by The Company are only valid until the valid date stated on that 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.
- The Company’ standard payment terms are full payment with order.
- Payments are only accepted in (£) Pounds Sterling.
- Payments are only accepted by the following means; company cheque or bankers cheque (made payable to ‘Stark and Greensmith Limited’), BACS (electronic banking), Visa, MasterCard, Visa Delta and PayPal.
- Upon cheque-based orders, goods shall not be released until such a cheque passes clearance and the funds credit The Company’s bank account.
- The Company actively strives 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.
- The Company retains the right to undertake any third party search as necessary, such as via The Company’s card processing organisation, to satisfy that The Customer card details are valid.
- 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 the fault of The Company.
- 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.
- 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
- The Company shall aim to fulfil all orders at the earliest opportunity subject to 4.3.
- The Company’s delivery periods as shown are given in good faith and are anticipated, based upon The Company’s logistics partner’s guidance. Delivery can occur sooner or later than the anticipated timescales.
- 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.
- Delivery periods are provided in working days (i.e. 20 working days = 4 weeks).
- False calls are charged in full.
- Waiting times will be charged as per our tariff.
- Collections from one area for onward delivery to another will be charged as separate jobs (one for collection, one for delivery), unless prior arrangement is made for a special delivery (where possible due to location).
- Deliveries are made weekdays only. The Company is not able to offer timed deliveries.
- 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.
- 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.
- The Company cannot be held responsible for delay in delivery caused by; (a) the manufacturing process, or (b) third party such as a contracted carrier.
- Should the delivery period extend beyond that published, subsequently notified or 30 days after the date of order (as defined in section 19 of the Distance Selling Regulations) (whichever is longer) The Customer can cancel their order without penalty.
- 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.
- The Company’s products are mainly large and sectional that will not fit through a pedestrian door. It is the responsibility of ‘The Customer’ to notify any access concerns to ‘The Company’ at point of order.
- In the interests of Health & Safety for The Company’s employees, partners, agents 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.
- All delivered goods have to be signed for (POD) by The Customer or their appointed representative, at which point responsibility and risk of the goods (not title if unpaid) shall pass to The Customer.
- If The Customer cannot be in attendance on delivery, prior written authority and acceptance of responsibility to leave the unattended product must to sent to firstname.lastname@example.org
- The Company’ will not bear any abortive costs arising from The Customer due to a failed delivery.
- “Expected”, “Typical”, “Anticipated” and “Estimated” delivery dates stated on The Company’s website and associated literature do not imply guaranteed delivery dates.
- It is the responsibility of The Customer to provide working daytime contact telephone number(s). Failure to do so may result in delays to the expected delivery.
- The delivery service is subject to real-time stock levels. Should The Company be unable to provide the delivery service due to low stock levels, either a new delivery date will be agreed, or, should the customer no longer wish to receive the ordered items, the delivery service fee shall be refunded to the customer.
- It is the duty of The Customer to make themselves available to be contacted prior to delivery. Should The Company or its chosen agent be unable to contact The Customer the delivery of the order may be adversely affected.
- The Company is not liable for delivery delays or failures caused by factors outside of The Company’s control including but not limited to Acts of Nature, adverse weather conditions, road accidents, vehicle breakdown or personal illness.
- 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.
- All products are sold and supplied for self-assembly only by The Customer, unless otherwise stated.
- Where a customer seeks an erection service via a registered installer or similar by contacting them through our “Find a Professional” function, this service will form a separate agreement directly between the customer and the installer contacted, and shall not be the responsibility of The Company.
- The installers, garden designers, landscape contactors, fencing installers, builders or other tradespeople featured in our “Find a Professional” function on the web site are not partners, nor are they affiliates or representatives of The Company, and The Company bears no responsibility, nor offers any warranties nor indemnifies The Customer or tradesperson in any way for the nature or quality of the work undertaken in respect of the erection of the products sold.
- 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.
- 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 5.4, or while awaiting receipt of any missing or replacement parts.
- See section 12.2 regarding personal injury.
- The Customer shall inspect the goods and notify The Company immediately upon receipt of any shortages or damage to the said goods in order to make a claim. Where damage has occurred that does not fall outside The Company’s control, The Company may offer to either refund the cost of the damaged goods, or replace them, subject to 6.2.
- Shortage or damage should be reported with detail, either in writing to The Company address, by email to email@example.com or by telephone. Pictures may be requested.
- Upon approved claims where a replacement is sought, The Company will forward the replacement parts usually within 5 to 10 working days, subject to stock level.
- The Company reserves the right to decline any replacement request should damage or miss-use of the product have occurred upon The Customer’s property or during self-assembly.
- 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 5.4 and 5.5.
- Replacement(s) for shortages or damage reported would be arranged subject our normal delivery terms and conditions. The delivery fee will be retained to account for the initial delivery service.
- See section 12.2 regarding personal injury.
- All goods are newly manufactured for sale or to order, as described upon The Company’s web site. We do not retail seconds or ex-display products, thus a return should be considered unlikely.
- 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.
- The Customer has no right to cancel at any time should their order include any modification or bespoke requirements agreed at the order stage.
- 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.
- 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 firstname.lastname@example.org
- 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. This provision is now under regulation 35 (5) of the consumer contracts (Information, Cancellation and additional charges) Regulations 2013.
- 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, or a carrier appointed by The Company.
- All return costs shall be deducted from the order monies held, thus any refund to The Customer shall be passed less this deduction.
- Return costs are not fixed and are based upon variables such as product and location.
- 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 by telephone prior to undertaking the process.
- The Company will not profit from any return charges received from The Customer. A return charge will always equate to the cost The Company incurs.
- Reimbursement (refund) of cancelled order monies held, less the return delivery charge defined above 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
- Statute states that a product should be returned in its original condition including all protective packaging, 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.
- The Company is not liable for damages or issues caused by factors outside of The Company’s control including Acts of Nature, adverse weather conditions, flooding, vandalism or accidental damage.
- If your goods are found to be faulty after a 14-day period please contact us to discuss further.
- In the event of any complaint or grievance, The Customer should initially make contact by telephone on 07920040845, followed by a formal email complaint to email@example.com or letter to The Company’s address.
- 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.
- 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.
- 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.
- We are committed to protect and respect customer privacy.
- We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
- 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 9.4 and 10.4
- Where The Customer wishes to be contacted by a third party as part of the “Find a Professional” function on the web site, The Company shall notify that third party and pass on The Customer’s contact details to them. To enable us to efficiently fulfil your custom, The Customer’s contact name, telephone number and address shall be passed to our logistics partner to enable direct delivery and communication.
- The Company shall only use The Customer’s telephone and email contact details when deemed appropriate and necessary to discuss and fulfil their order.
- The Company will not pass to any third party the details of the subscribers of The Company’s email newsletter.
- Subscribers of The Company email newsletter retain the right to be removed from our database at any time by selecting the ‘unsubscribe’ function at the base of any newsletter received.
- For customer security of sensitive information, The Company web site operates a secure e-commerce automated payment process, approved by all UK banks.
- The Company secure encrypted environment is held upon a Thawte certified secure server, operated by Secure Hosting Ltd (a UK company).
- The Company’s server facility operates to a 128bit level of encryption, the strongest commercial level of secure encryption currently available.
- All personal data entered via this web site by The Customer will always be stored or transferred using the same 128bit level of encryption.
- Where The Customer agrees a bespoke product, service, design, installation or other project with The Company, this will be subject to a separate agreement between the parties.
- 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.
- 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).
- These terms and conditions shall be interpreted in accordance with English Law.
- All sales conducted through The Company are subject to these terms and conditions.