In these terms and conditions, the following definitions shall apply:
"The Company": Gazco Limited.
"Contract": These Terms together with the Order.
"Goods": The goods specified in the Order and includes (without limitation) any items to be fitted or installed as part of the Services.
"Invoice": The document that is sent by the Company to the Purchaser.
"Order": The order accepted by the Company for the supply of Goods or Services
"Purchaser": The person, firm or company placing the Order.
"Manufacturer": The Manufacturer(s) of the Goods.
"Published Data": Data in relation to the Goods published in any form or media.
"Regulations": The Consumer Protection (Distance Selling Regulations) 2000 (SI 2000/2334) (as amended).
"Services": The services to be performed by the Company. and specified in the Order.
"Terms": These terms and conditions of contract.
"Third Party Products" - Products not manufactured or assembled by the Company and supplied to the Company by third parties for re-supply by the Company.
"Website" - the Company's Website located at url: www.gardenstyledirect.co.uk
"Working Day": All days excluding Saturdays, Sundays and public holidays in England.
"Writing" - Includes electronic data transfer (including but not limited to) e-mail, cable, facsimile transmission and a compliant form communication.
Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2.1These Terms apply to all Contracts with the Company to the exclusion of all other terms and conditions (including any terms or conditions which the Purchaser purports to incorporate or apply under any purchase order, confirmation of order, specification or other document). No variation to the Contract will be effective unless otherwise agreed in Writing by an authorised representative of the Company.
2.2Each Order shall be deemed to be an offer by the Purchaser to purchase Goods or Services subject to these Terms.
2.3No Order placed by the Purchaser shall be deemed accepted by the Company until an acknowledgement of order is issued by the Company to the Purchaser. A separate contract shall arise in respect of each order which is accepted by the Company in Writing, or accepted by the Company by delivery of the Goods or performance of the Services.
2.4The Company's employees and agents are not authorised to make any representations concerning the Goods or Services and no such representation shall be binding on the Company unless confirmed by the Company in Writing. Any advice or recommendation given by the Company or its employees or agents to the Purchaser, which is followed or acted upon by the Purchaser but which is not confirmed in Writing by the Company, is followed or acted upon entirely at the Purchaser's own risk. Nothing in these Terms will exclude or limit the Company's liability for fraudulent misrepresentation.
2.5All descriptive and shipping specifications, drawings and particulars of weights and dimensions submitted with any quotations are approximate only.
2.6The descriptions and illustrations contained on the Website , and other advertising matter are intended merely to present a general idea of the Goods or Services described therein and none of the above shall form part of any Contract.
3Order and acceptance
3.1The Company cannot be held responsible for errors in Orders submitted by the Purchaser.
3.2The Company reserves the right from time to time to make such changes to the specification of the Goods or Services as are required to conform to any applicable safety or other statutory or approval requirements which do not materially affect their quality or performance. The Company reserves the right to make minor changes to the Goods or Services as part of its ongoing product improvement programme.
3.3The Company reserves the right at its sole discretion to refuse to process an Order or to delay processing an Order if:
3.3.1it has insufficient stock to deliver the Goods ordered;
3.3.2it does not deliver to the area or country where the Purchaser is located;
3.3.3the Company has reason to believe that the Purchaser will be unable to pay for the Goods or Services or will not comply with the Contract.
4Returns Policy and the Purchaser's right to cancel
4.1Items faulty on arrival: If the Goods are found to be faulty on delivery the Purchaser must notify the Company within 2 Working Days of delivery . The Company will then issue instructions as to the return to it or collection by it of the Goods or attendance on site to repair. If Goods are to be returned or collected they must be returned in their original packaging complete with all accessories and documentation. The Company shall not be liable for any loss or damage occasioned by the Purchaser's failure to follow the Company's directions as to re-delivery to it of the Goods. Once the Company has verified the fault, the Company will provide a replacement or full refund at its sole discretion. The Company tests returned items, and if a returned item is found not to be faulty by the Company's technicians the Company reserves the right not to provide a refund but to return the Goods to the Purchaser and to make a charge for the reasonable costs of the return carriage.
4.2Items faulty in warranty period: If any of the Goods or Services develop a fault within 28 days of the date of delivery or completion of performance, then the Company will repair or replace the Goods or re-supply the Services at its sole discretion provided that the Company shall first have been notified by the Purchaser of the fault within five Working Days of the discovery of the fault. If the Goods or Services develop a fault after 28 days from the date of delivery or performance the Company's obligations to repair or replace are subject to the terms of any Manufacturers' warranty or other warranty agreements with the Company.
4.3If the Purchaser is purchasing as a consumer (and not in the course of a business) and the contract is made by electronic means or over the telephone, the Regulations will apply. The Purchaser has an unconditional right (subject to clause 4.3(c) below) to cancel the Contract within the following time limits:
a)in respect of Goods, within seven Working Days of the date of delivery of the Goods;
b)in respect of Services, within seven Working Days of the date after which the Purchaser agrees to proceed with the Order for the performance of the Services; but
c)the Purchaser may not cancel the Contract if the Goods or Services are to be manufactured or supplied to a specification provided by the Purchaser.
4.4 If the Purchaser elects to cancel the Contract within the time limits set out above, the Purchaser must notify the Company before the expiry of the relevant period in Writing or by telephone, using the number provided on the Website within the relevant time period. The Purchaser must not make use of the Goods, which must be 'as new' and returned to the Company in their original packaging. Once the Purchaser has informed the Company that the Purchaser wishes to return goods under the Regulations, the Purchaser will have 20 Working Days from the date of delivery receipt to do so, fully insured and at the Purchaser's own expense. Once received by the Company in the condition in which they were delivered to the Purchaser the Company will issue a full refund for the Goods or Services. The Company may arrange to collect the Goods from you and in doing so reserves the right to make a charge for the reasonable costs of doing so.
4.5The Purchaser shall not have a right to cancel the Contract if the Goods have been used, except where a fault is discovered which could not have been discovered otherwise than by using the Goods
The price for the Goods or Services shall be the price quoted on the Website and unless otherwise stated, all prices are inclusive of value added tax.
6Delivery of Goods
6.1The Purchaser is responsible for making suitable arrangements for the receipt and inspection of Goods on the day notified by the Company as the day on which delivery will take place. Items which have been signed for are deemed to be complete and in good condition, and the Company will not accept claims for damage in transit or missing items unless notified within two Working Days of the date of delivery. If the Purchaser is a consumer, this does not affect the Purchaser's right to cancel the Contract in accordance with the Regulations.
6.2The Company will deliver the Goods or perform the Services as soon as reasonable practicable. If for whatever reason the Company is unable within 30 days of the date of the placement of the Purchaser's Order to deliver the Goods or perform the Services, the Company will inform the Purchaser and the parties will agree an alternative date or dates for the delivery of the Goods or performance of the Services. The Company will use reasonable endeavours to deliver on any date(s) indicated in the Order for the delivery of Goods or performance of Services but delivery dates should be regarded as approximate only and time for delivery shall not be of the essence.
6.3Where delivery is made in installments, delay in the delivery of one or more of the installments shall not entitle the Purchaser to reject any remaining installments.
6.4Delivery shall take place when the Goods are delivered to the Purchaser's premises unless the Purchaser has given the Company reasonable prior notice of any special instructions as to carriage or delivery acceptable to the Company, in which case delivery shall take place when the Goods are delivered in accordance with the Purchaser's reasonable instructions. The Purchaser must pay all delivery charges for carriage to and from the Company's premises or its suppliers, unless otherwise agreed by the Company in Writing. Delivery charges will be as shown on the Website . Goods shipped with an incorrect address provided by the Purchaser are subject to a non-refundable correction fee of £10. The Purchaser will be subsequently responsible for shipping and handling charges for re-shipping. The Company reserves the right to review its delivery charges at any time.
6.5The Purchaser shall be responsible for complying with all conditions and reasonable requirements of the carriers.
6.6Where the Purchaser requires delivery to take place outside of the areas indicated on the Website, delivery terms and costs will be specified by the Company in the written acceptance of the Order.
7Terms of Payment
7.1Payment shall be made in full prior to dispatch of the Order or commencement of the Services (as the case may be) and the Company reserves the right not to dispatch an Order or perform any Services unless and until payment in full has been received. The Purchaser shall make all payments due under these Terms without any deductions whether by way of set-off, counterclaim, discount, abatement or otherwise.
7.2If the Purchaser fails to make any payment on the due date then, without prejudice to any right or remedy available to the Company, the Company shall be entitled to cancel the contract and/or suspend any further deliveries or performance of Services for the Purchaser. In the event of non-payment the Company reserves the right to charge interest on any balance outstanding at 8 per cent per annum or, where applicable, at the rate permitted in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).
8Risk and property
8.1The risk of damage to or loss of the Goods shall pass to the Purchaser at the time of delivery or, if the Purchaser wrongly fails to take delivery of the Goods, at the time when the Company has tendered delivery of the Goods.
8.2Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Purchaser until the Company has received in cash or in cleared funds:
(a) payment in full of the price of the Goods; and
(b) payment in full for all other goods agreed to be sold by the Company to the Purchaser for which payment is then due or accruing due.
8.3Until such time as the property in the Goods or Services passes to the Purchaser the Purchaser shall hold the Goods as the Company's agent and bailee and shall keep the Goods properly stored, and insured and identified as the Company's property. Until payment has been made in full, the Company shall be entitled at any time to require the Purchaser to deliver up the Goods to the Company, and if the Purchaser fails to do so forthwith, to enter upon any premises of the Purchaser or any third party where the Goods are stored and repossess the Goods. The Purchaser shall permit the Company to inspect of any documents relating to such Goods for the purpose of tracing them.
8.4The Purchaser shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company but if the Purchaser does so, all monies owing by the Purchaser to the Company shall, without prejudice to any other right or remedy of the Company, forthwith become due and payable.
Please check our warranty information page for Weber and Alexander Rose warranties and guarantees.
9.1Subject to Clause 2.5 and the conditions set out below, the Company warrants that the Goods or Services will correspond with their specification at the time of delivery and the Goods will be free from defects in material and workmanship for a period of 1 year from the date of delivery.
9.2The warranty set out in clause 9.1 is given by the Company subject to the following conditions:
(a) the Company shall be under no liability in respect of any defect in the Goods or Services arising after their delivery caused by or due to wilful damage, negligence, abnormal working conditions, failure to follow the Company's instructions (whether oral or in Writing), misuse, incorrect assembly (if not assembled by the Company), the use of any gas other than propane, unauthorised modification or repairs or accidental damage, failure to replace consumable parts such as batteries, grill plates and griddles, fair wear and tear, rust which can appear on metal parts at any time , discoloration of stainless steel parts which are subject to heat and flames, discolouration caused by exposure to sunlight, or splits in wooden parts, when untreated and left out in rain and sunshine
(b) the above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the Purchaser shall only be entitled to the benefit of any such warranty or guarantee as given by the Manufacturer to the Company.
9.3Subject as expressly provided in these Terms and except where the Goods or Services are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties and conditions or other terms whether implied by statute or common law are excluded to the fullest extent permitted by law. Where the Goods or Services are sold under a consumer transaction, the statutory rights of the customer are not affected by these Terms.
9.4Any claim by the Purchaser which is based on any defect in the quality or condition of the Goods or Services, or their failure to correspond with specifications, must be notified to the Company in Writing within 7 days from the date on which the defect or failure became apparent. Where a valid claim is notified to the Company in accordance with these Terms, the Company shall be entitled to replace the Goods (or the part in question) free of charge or, at the Company's sole discretion, refund to the Purchaser the price of the Goods (or an apportioned part of the price), but the Company shall have no further liability to the Purchaser.
9.5Except in respect of death or personal injury caused by the negligence of the Company or if the Company commits a fraudulent misrepresentation the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the Terms or otherwise arising out of or in connection with the supply of the Goods or Services or their use or resale by the Purchaser shall be limited to the price paid by the Purchaser for the Goods or Services.
9.6The Company shall not be liable to the Purchaser for any indirect loss or damage suffered by the Purchaser, (whether for loss of use, loss of profit, loss of contract or business, depletion of goodwill, any financial or economic loss, costs, expenses or otherwise) whatsoever.
9.7The Company shall not be liable to the Purchaser and shall not be deemed to be in breach of contract by reason of any delay in performing or any failure to perform the Company's obligations in relation to the Goods or Services, if the delay or failure was due to any cause beyond the Company's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company's reasonable control:
(a) act of God, explosion, flood, storm , fire or accident;
(b) war or threat of war, sabotage, insurrection, act of terrorism or civil disturbance;
(c) acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority or other public body or agency;
(d) import or export regulations or embargoes;
(e) strikes, lock-outs or any other industrial actions or trade disputes (whether involving employees of the Company or a third party);
(f) difficulty in obtaining raw materials, labour, fuel, parts or machinery; or
(g) power failure or breakdown in machinery.
If the Company becomes aware that any cause beyond its reasonable control will, or is likely to, cause the Company to be unable to perform, or to be delayed in the performance of, its obligations in relation to the Goods or Services, the Company shall inform the Purchaser as soon as reasonably practicable and shall use its reasonable endeavours to perform its obligations as soon as, in the Company's reasonable opinion , it is practicable to do so. If in the Company's reasonable opinion it will not be practicable to do so within a reasonable time, the Company shall have the option to cancel the Order without incurring any liability to the Purchaser and refund to the Purchaser any payment made by the Purchaser under the Order.
10Patent and design rights
The patents, copyrights, registered designs, design rights and trademark rights and all other intellectual property rights (whether registered or otherwise) relating to the Goods or Services (except where identified otherwise) remain the absolute property of the Company and any designs and drawings, specifications or other materials supplied to the Purchaser in respect of the Goods or Services supplied to the Purchaser may not be copied, reproduced, disclosed to any third party or put to any use other than for the performance of the Order without the prior written consent of the Company.
11.1If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby.
11.2These Terms and any contract incorporating them shall be governed by, and construed in accordance with, English law and all disputes arising hereunder shall be submitted to the non-exclusive jurisdiction of the English courts.
11.3Any waiver by the Company of any breach of, or any default under, any provision of these Terms by the Purchaser, will not be deemed a waiver of any subsequent breach or default and will in no way affect the other provisions of these Terms.
11.4The parties to these Terms do not intend that any of these Terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to them.
11.5All notices and other communications between the parties about these Terms must be in Writing and delivered by hand or sent by pre-paid first class post (or air mail if outside the United Kingdom) or sent by fax or sent by email;
- in the case of the Company, to the registered office at the foot of these Terms, marked for the attention of "contract manager", or to the email address or fax number quoted below
- in the case of the Purchaser, to the registered office of the Purchaser (if it is a company) or otherwise to any address or email address of the Purchaser notified in Writing to the Company
11.6Communications shall be deemed to have been received:
- if sent by post, 2 Working Days after posting (excluding the day of posting)
- if sent by air mail, 7 Working Days after posting (excluding the day of posting)
- if delivered by hand, on the day of delivery
- if sent by fax or email on a Working Day prior to 5pm in its place of receipt, at the time of transmission and otherwise on the next Working Day
Osprey Road, Sowton Industrial Estate,
Exeter, EX2 7JG
Tel: 01392 261999
Fax: 01392 444148
(10 April 2008 Online edition)