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DEFINITIONS
'The Company';
Guardian Buildings (trading as Shedstore) of Unit 1, Southview Park, Caversham,
Reading, Berkshire. RG4 5AF.
Tel: 0870 3500 710 Fax: 0870 3500 720 Email: mail@shedstore.co.uk
'The Customer';
The person, company or organization purchasing goods or services from 'The Company',
as shall be entered within the 'customer' section of all Company sales order/ecommerce/invoice
documentation.
COMPANY
BACKGROUND
'The Company' whilst retailing over 900 products
primarily operates as a national garden building retailer. Formed in 1997, 'The
Company' is now firmly established as a leading volume retailer within the UK
garden building industry. Through the steadfast maintenance of traditional values,
extensive product range, customer support, honesty, value for money and debt-free
trading, 'The Company' has attained an enviable reputation with customers and
manufacturers alike. To support the fact that 'The Company' seeks to operate
in the interest of its customers also, we are compliant and members of the Shopsafe,
Safebuy and Safe Shopper schemes, whilst also being one of only two
thousand or so UK companies that were vetted and approved upon the original Which?
Webtrader Scheme (sadly now closed). Our extensive product range is sourced from
far and wide, including Europe, the Middle East and North America. It's fair
to say that with the love the British have for their 'shed', we find that most
of our products are manufactured here in the UK. All products are new (no seconds
or ex-display here), offered in a wide range of quality, style and finish to
suit most budgets and tastes. For convenience, we also offer installation service
options upon many ranges - usually undertaken by the manufacturers themselves.
OVERVIEW
OF TERMS & CONDITIONS
These terms and conditions (last updated
August 2007) 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 (Distance Selling) Regulations 2000', 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; OFT (Office
of Fair Trading), DTI (Department of Trade & Industry) and Trading Standards
Central. 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 prior to 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 7 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 724 4481 38.
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 Our free delivered pricing shall not apply to certain defined locations upon
the following ranges; Shedstore, Store More, Dura Shed, Halls, Trimetals, Hillhout,
Weka, Eden and Duckpaddle. See product pages for coverage.
2.6 For orders where 2.5 applies, 'The Company' shall notify 'The Customer' of;
(a) whether their location is serviceable, and (b) any extra delivery or service
charges.
2.7 Should 'The Customer' accept our revised service and pricing offered under
2.6 the order shall be revised and proceed. If declined, 'The Company' will cancel
'The Customers' order and refund all order monies received.
2.8 '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.
2.9 '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.
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; cheque (made payable to
Shedstore), BACS (electronic banking), Visa, MasterCard, Maestro,
Visa Delta and Electron.
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.
4.
DELIVERY
4.1 'The Company' shall aim to fulfil 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
operates weekdays only.
4.5 Deliveries are made weekdays only, typically during the hours of 8.00am to
6.00pm, 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 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 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 have to 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 to sent
to customercare@shedstore.co.uk.
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'.
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 must; (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.
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.
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 customercare@shedstore.co.uk or
by fax to 0870 3500 720. Telephone claims will not be accepted.
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.
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 7 working
days after the date of delivery (except 7.3), as defined by section 11, part
2 of the Distance Selling Regulations.
7.3 'The Customer' has no right to cancel at any time should their order include
a personalised requirement i.e; optional fixtures, adaptations or preferences.
7.4 The statement in 7.3 is formed from the 'Exceptions to the right to cancel'
section 13, part c of the Distance Selling Regulations; which refers to "goods
made to the customer's specifications..."
7.5 A return or cancellation should be made in a durable means as defined by
part 10 of the Distance Selling Regulations being; either in writing to 'The
Company' address, by email to cancellations@shedstore.co.uk or
by fax to 0870 3500 720.
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, to comply with section 8, part 2aii of the Distance Selling Regulations
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
a log cabin.
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) 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 Distance Selling Regulations. 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'.
8.
REJECTED GOODS (CANCELLATION)
8.1 All goods are newly constructed for
sale or to order, as described upon 'The Company' web site. We do not retail
seconds or ex-display products, thus rejected goods are an extremely rare event.
8.2 Should 'The Customer' wish to reject their goods through fault or damage,
this must be undertaken within 7 working days after the date of delivery (except
8.4), as defined by section 11, part 2 of the Distance Selling Regulations.
8.3 'The Customer' should notify 'The Company' of their rejection of the goods
by durable means as defined by part 10 of the Distance Selling Regulations; either
in writing to 'The Company' address, by email to cancellations@shedstore.co.uk or
by fax to 0870 3500 720.
8.4 'The Customer' has no right to reject at any time should their order include
a personalised requirement i.e; optional fixtures, adaptations or preferences.
In this case section 6. Shortages / Damage would apply.
8.5 The statement in 8.4 is formed from the 'Exceptions to the right to cancel'
section 13, part c of the Distance Selling Regulations; which refers to "goods
made to the customer's specifications..."
8.6 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.
8.7 For justified rejection, 'The Company' shall be bear all return costs, being
the limit of liability for a rejection.
8.8 If on return the product is found to be sound, complete and as described
for sale, the return charge process 7.6 to 7.11 will apply and be deducted from
the order monies held.
8.9 If on return the product is found to be have been abused or damaged whilst
on site, or having been erected, 'The Company' shall retain the right to deduct
from the order monies held any losses levied by the manufacturer.
8.10 '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.
8.11 Reimbursement (refund) of rejected order monies, less charges defined in
8.8 to 8.10 if due, shall be made in a period not exceeding 30 days as Section
14, part 3 of the Distance Selling Regulations. 8.12 (As 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'.
9.
COMPLAINT
9.1 In the event of any complaint or grievance,
'The Customer' should initially make contact by telephone on 0870 3500 710, followed
by a formal email complaint to customercare@shedstore.co.uk or
letter to 'The Company' address.
9.2 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.
9.3 We shall endeavor 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 Manager.
9.4 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.
10.
PRIVACY
10.1 We are committed to the protect
and respect customer privacy.
10.2 We will only use the information that we collect about you lawfully (in
accordance with the Data Protection Act 1998).
10.3 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.
10.4 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.
10.5 'The Company' shall only use 'The Customer' telephone and email contact
details when deemed appropriate and necessary to discuss and fulfil their order.
10.6 'The Company' will not pass to any third party the details of the subscribers
of 'The Company' email newsletter.
10.7 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.
10.8 'The Company' will not contact any previous customer post-sale for marketing
purposes.
11.
SECURITY
11.1 For customer security of sensitive
information, 'The Company' web site operates a secure e-commerce automated payment
process, approved by all UK banks.
11.2 'The Company' secure encrypted environment is held upon a Thawte certified
secure server, operated by Secure Hosting Ltd (a UK company).
11.3 'The Company' server facility operates to a 128bit level of encryption,
the strongest commercial level of secure encryption currently available.
11.4 All personal data entered via this web site by 'The Customer' will always
be stored or transferred using the same 128bit level of encryption.
12.
REVIEWS
12.1 All reviews placed via email or our web site shall
remain anonymous. No personal contact details shall be shown. 12.2 As reviews are
anonymous we're unable to reply, thus no order specific content should be submitted. 12.3 For all
online orders we shall issue an email 'review reminder', 50-60 days after transaction. 12.4 We retain the
right to correct grammar upon any review, but not the content.
12.5 All reviews submitted are subject to
'Company' vetting. We retain the right to approve, disapprove or display at our discretion.
13.
MISCELLANEOUS
13.1 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.
14.
LAW
14.1 These terms and conditions shall
be interpreted in accordance with UK Law. |