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 email@example.com
- 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.