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Terms and Conditions

THESE TERMS AND CONDITIONS DO NOT AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER


1. GENERAL

1.1   The purchase of our products and services including those available through our Website is subject to the following terms, conditions and notices. By using this Website and the products and services available through it, you are agreeing to all the below terms, conditions and notices, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the terms, conditions and notices.

1.2   Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the products and services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

1.3   This Website may also contain links to other websites, which are not operated by Greenhouses Direct (the 'Linked Sites').  Greenhouses Direct has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

1.4   You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as 'spam'; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Greenhouses Direct will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

1.5   We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

1.6   The intellectual property rights in all software and content made available to you on or through this Website remains the property of Greenhouses Direct or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Greenhouses Direct and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

2. INTERPRETATION

The following words and phrases shall have the meanings ascribed to them below:

2.1  "Customer" means the person or party who purchases the Products from the Seller;

2.2 "Seller" means Greenhouses Direct Limited trading as Greenhouses Direct (VAT Number 156 8595 60. Co Reg No 03031819) whose Company registered address is 69 Knowl Piece, Wilbury Way, Hitchin, Herts, SG4 0TY.

2.3    "Contract" means any agreement between the Seller and the Customer for the sale and purchase of the Products and/or Services, subject to and incorporating these Terms, Conditions and Notices;

2.4   "Products" means any Products and/or Services agreed in the Contract to be supplied to the Customer by the Seller (including any part or parts of them).

3. ENTIRE AGREEMENT

3.1    Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, communication, specification or other document).

3.2   No terms or conditions endorsed on, delivered with or contained in the Customer's purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

3.3    These conditions apply to all the Seller's sales and any variation to these conditions and any representations about the Products shall have no effect unless expressly agreed in writing and signed by a Director of the Seller.

4. DESCRIPTION AND PRICING

4.1   The description of the Products shall be as set out on the Seller's website and in the Seller’s literature at the time the Customer places an order.

4.2   All samples, drawings, descriptive matter, specifications and advertising issued by the Seller and any descriptions or illustrations contained in the Seller's website are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract which is not a sale by sample. All sizes and quoted ‘Dimensions’ are nominal, overall and external and, in the case of greenhouses, include the manufacturer’s base (where available).

4.3   Every effort is made by the Seller to ensure that prices shown on the Seller's website are accurate. If an error is found, the Supplier will inform the Customer as soon as possible and offer the option of reconfirming the order at the correct price, or cancelling the order. If the Seller does not receive a revised “Confirmation of Order” within 3 days of informing the Customer of the error, the order will be cancelled automatically. If the Customer cancels the order, or if the order is cancelled automatically due to the expiry of the 3 day period, the Seller will refund or re-credit the Customer for any sum that has been paid.

4.4   All prices are shown in UK £s (pounds sterling) and unless expressly stated otherwise, include the current rate of applicable VAT.

5. ORDER PROCESS

5.1  All orders placed by the Customer are subject to final acceptance by the Seller.

5.2  To enable an order to be accepted by The Seller the Customer must first consent to these Terms and Conditions and make due payment.

5.3  The Seller emails an ‘Order Acknowledgement’ to the Customer.

5.4  A ‘Pro-forma Invoice and Order Summary’ is then emailed to the Customer.

5.5  The Seller also emails the customer a ‘VAT Tax Point Invoice’ for each payment made by the Customer.

5.5  In the event of any discrepancies requiring an amendment to the Order the Seller may contact the Customer at any time prior to the despatch of the goods.

5.6 The order is not accepted and a contract is not formed until despatch of the goods.

6. PAYMENT

6.1   The Customer shall pay any invoice in strict accordance with the Seller’s terms of payment. Time for payment shall be of the essence.

6.2   The Seller shall issue a ‘VAT tax point Invoice’ for each payment made.

6.3   No payment shall be deemed to have been received until the Seller has received cleared funds.

6.4   The Customer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Seller to the Customer.

6.5   If the Customer fails to pay the Seller any sum due pursuant to the Contract, the Customer shall be liable to pay interest to the Seller on such sum from the due date for payment at the annual rate of 8% above the base lending rate from time to time of the Bank of England, accruing on a daily basis until payment is made, whether before or after any judgment. The Seller reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

6.6   Full legal and beneficial title and ownership of the Products shall only pass to the Customer when the Seller has received in full (in cash or cleared funds) all sums due to it in respect of the Products and all other sums which are or which become due to the Seller from the Customer under any other contract.

6.7      Until title and ownership of the Products has passed to the Customer, the Customer shall:

6.7.1   hold the Products on a fiduciary basis as the Seller's bailee;

6.7.2   store the Products (at no cost to the Seller) separately from all other Products of the Customer or any third party in such a way that they remain readily identifiable as the Seller's property;

6.7.3   not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; and

6.7.4   maintain the Products in satisfactory condition and keep them insured on the Seller's behalf for their full price against all risks to the reasonable satisfaction of the Seller. On request the Customer shall produce the policy of insurance to the Seller.

6.8   The Customer's right to possession of the Products shall terminate immediately if title and ownership of the Products has not already passed in accordance with condition 6.6 and:

6.8.1   the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation of the Customer; or

6.8.2   the Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under any contract between the Seller and the Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade; or

6.8.3   the Customer encumbers or in any way changes any of the Products.

6.9   The Seller shall be entitled to recover payment for the Products notwithstanding that legal and beneficial ownership and title of any of the Products has not passed from the Seller.

6.10   The Customer grants the Seller, its agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where the Customer's right to possession has terminated, to recover them.

7. DELIVERY

7.1    Normal delivery methods and timescales vary according to manufacturer and are indicated on the Seller’s website.

7.2    Any dates specified by the Seller for delivery of the Products are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.

7.3 When the Products are ready for delivery the Customer is notified by the Seller (or, in some cases at the Seller’s discretion, by a third party acting as delivery agent on the Seller’s behalf) of the intended date and method of delivery.

7.4    If, on the prior notified date, the Customer does not provide suitable vehicular access, appropriate instructions or fails for any reason to accept delivery of any of the Products, they shall be deemed to have been delivered and all risk in the Products shall pass to the Customer.

7.5    If the Seller has to re-deliver the Products following a failed delivery in accordance with condition 6.4, the Seller reserves the right to make an additional charge for such re-delivery.

7.6   The Seller may deliver the Products by separate instalments. Each separate instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Customer to repudiate or cancel any other Contract or instalment.

8. RISK

8.1   The product will become the responsibility of the customer from the time of delivery with the exception for goods shipped outside the UK, Ireland and Channel Isles where the responsibility is taken by the customer at the time of delivery to the Customer’s agent or freight forwarder.

9. RIGHT OF CANCELLATION UNDER THE CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000

9.1   If the Customer purchases the Products using the Sellers website or telephone number, the Customer may cancel the Contract for any reason, but no later than 7 working days after delivery of the Products.

9.2   Cancellations must be in writing and sent to Greenhouses Direct, The Rhino House, Roudham Park, Roudham Road, East Harling, NR16 2QN or by email to sales@greenhousesdirect.co.uk who, no later than 7 working days from receipt of the Cancellation, will confirm to the Customer the relevant Product return and refund procedures.

9.3   For the avoidance of doubt, there shall be no right to cancel any Contract if the Products were purchased on site at the Sellers premises.

10. RETURNS

10.1   With the exception of faulty Products, if the Customer elects to cancel the Contract, they shall bear the costs of returning the Products to the Sellers premises.

10.2   Whilst the Products are in the possession of the Customer, the Customer shall be under a statutory duty to take reasonable care of the Products.

10.3   The Seller will deem that the Customer has not taken reasonable care of the Products if they have been damaged in the Customers possession, (or in transit whilst being returned) or used or assembled and/or not still in their original packaging.

10.4   The Seller will refund the purchase price within a period of 30 days from the date of their return to the Seller.

10.5   The Seller may deduct the costs of delivery of the Products from any amount refunded pursuant to condition 9.7.

10.6   If the Seller uplifts Products which have been cancelled pursuant to condition 9.1, the cost of such uplift may be deducted from any amount refunded pursuant to condition 9.7.

10.7   The Seller reserves the right to make a "Service Charge" if the Seller deems that the Customer has not taken reasonable care of the products in accordance with condition 9.6.

10.8   The Customer authorises the Seller to recover the costs of delivery and/or uplift of the Products and/or the Service Charge by: (i) debiting any credit or debit card of the Seller, immediately following any refund made pursuant to condition 8.7; or setting-off the Service Charge against any refund made pursuant to condition 9.7.

10.9   The Customer acknowledges that the Service Charge will compensate the Seller for any loss suffered by it as a result of the Customers failure to take reasonable care of the Products in accordance with conditions 9.5 and 9.6.

10.10   No returns will be accepted for goods shipped to outside the UK, Ireland and Channel Isles.

11. FAULTY, MISSING OR DAMAGED PRODUCTS

11.1 The Customer must report any faulty, missing or damaged goods within the timescales notified to them by the Company in their ‘Order Acknowledgement’ email, either by telephone to 01963 718716 – option 1, in writing to Greenhouses Direct, The Rhino House, Roudham Park, Roudham Road, East Harling, NR16 2QN or by emailing service@greenhousesdirect.co.uk .

11.2   The Company shall bear the costs of supplying any replacement faulty, missing or damaged goods.

12. LIMITATION OF LIABILITY

12.1   The following provisions set out the entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:

12.2   any breach of these conditions;

12.3    any use made or resale by the Customer of any of the Products, or of any product incorporating any of the Products; and

12.4   any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

12.5   Nothing in these conditions excludes or limits the liability of the Seller:

12.6   for death or personal injury caused by the Seller's negligence; or

12.7   under section 2(3), Consumer Protection Act 1987; or

12.8   for any matter which it would be illegal for the Seller to exclude or attempt to exclude its liability; or

12.9   for fraud or fraudulent misrepresentation.

12.10   Subject to condition 10.1 and condition 10.2:

12.11   the Seller's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and

12.12    the Seller shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses.


13. ASSIGNMENT

13.1   The Seller may assign the Contract or any part of it to any third party.

13.2   The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Seller.


14. UNFORSEEABLE DELAYS

14.1   The Seller reserves the right to defer the date of delivery or to cancel the Contract if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Seller including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the Customer shall be entitled to give notice in writing to the Seller to terminate the Contract.

15. EXPORT OF PRODUCTS

15.1   The Products may be sold by the Seller for export from the United Kingdom. The Customer shall comply with all applicable legislation and regulations and payment of any duties, import taxes or other costs of import. The Customer shall obtain all licences, authorisations and approvals required for export of Products from the United Kingdom or import into any other country and shall indemnify the Seller against any liability in relation to the Customers breach of any of the provisions of this condition 13.

16. GENERAL

16.1   Each right or remedy of the Seller under the Contract is without prejudice to any other right or remedy of the Seller whether under the Contract or not.

16.2   If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

16.3   Failure or delay by the Seller in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

16.4   Any waiver by the Seller of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

16.5   The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

16.6   The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

17. THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS SHALL APPLY IF THE CUSTOMER IS PURCHASING THE PRODUCTS IN THE COURSE OF A TRADE, PROFESSION OR BUSINESS

PAYMENT

17.1   In relation to any Products purchased by the Customer using any credit facility granted by the Seller, the Seller shall issue an invoice for payment with the “Confirmation of Order”.

17.2   The Customer shall pay any invoice in strict accordance with the Seller’s terms of payment, as written on the invoice. Time for payment shall be of the essence.

17.3   No payment shall be deemed to have been received until the Seller has received cleared funds.

17.4   The Customer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Seller to the Customer.

17.5   If the Customer fails to pay the Seller any sum due pursuant to the Contract, the Customer shall be liable to pay interest to the Seller on such sum from the due date for payment at the annual rate of 8% above the base lending rate from time to time of the Bank of England, accruing on a daily basis until payment is made, whether before or after any judgment. The Seller reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

17.6   Full legal and beneficial title and ownership of the Products shall only pass to the Customer when the Seller has received in full (in cash or cleared funds) all sums due to it in respect of:

17.6.1   the Products; and

17.6.2   all other sums which are or which become due to the Seller from the Customer under any other contract.

17.7      Until title and ownership of the Products has passed to the Customer, the Customer shall:

17.7.1   hold the Products on a fiduciary basis as the Seller's bailee;

17.7.2   store the Products (at no cost to the Seller) separately from all other Products of the Customer or any third party in such a way that they remain readily identifiable as the Seller's property;

17.7.3   not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; and

17.7.4   maintain the Products in satisfactory condition and keep them insured on the Seller's behalf for their full price against all risks to the reasonable satisfaction of the Seller. On request the Customer shall produce the policy of insurance to the Seller.

17.8   The Customer's right to possession of the Products shall terminate immediately if title and ownership of the Products has not already passed in accordance with condition 15.6 and:

17.8.1   the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation of the Customer; or

17.8.2   the Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under any contract between the Seller and the Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade; or

17.8.3   the Customer encumbers or in any way charges any of the Products.

17.9   The Seller shall be entitled to recover payment for the Products notwithstanding that legal and beneficial ownership and title of any of the Products has not passed from the Seller.

17.10   The Customer grants the Seller, its agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where the Customer's right to possession has terminated, to recover them.

QUALITY

17.11   Where the Seller is a re-seller and not a manufacturer of the Products. In this respect and to the fullest extent permissible by law, the Seller is unable to offer any express warranties of any kind whatsoever in respect of the Products.

17.12   Save to the extent that any exclusion or restriction of liability may be prohibited by statute, all implied warranties relating to the Products (statutory or otherwise) including (without limitation) any warranties relating to quality or fitness for a particular purpose, shall be fully excluded.

17.13   The Products may be sold with a manufacturers warranty, details of which shall be dispatched with the Products.

17.14   Products which are found to be defective following delivery shall be dealt with by the Customer in accordance with any subsisting manufacturer's warranty. For the avoidance of doubt, this may mean that the Products are repaired as opposed to replaced and must be returned directly to the manufacturer as opposed to the Seller.

NO CANCELLATION RIGHTS

17.15   Condition 9 shall not apply. For the avoidance of doubt, the Consumer Protection (Distance Selling) Regulations 2000 do not apply to the sale of Products in the course of a trade, business or profession.