1.1 In these conditions 'BUYER' means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
'GOODS' means the Goods (including any instalment of the Goods or any parts for them) which the Seller is to supply in accordance with these Conditions.
'SELLER' means The Greenhouse People Ltd, Blythe Park, Cresswell, Stoke-on-Trent, ST11 9RD.
'CONDITIONS' means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) including any special terms and conditions agreed in writing between the Buyer and the Seller.
'CONTRACT' means the contract for the purchase and sale of the Goods.
'WRITING' includes facsimile transmission, electronic mail and comparable means of communication.
1.2 Any reference in the 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.
1.3 The headings in these conditions are for convenience only and shall not affect their interpretation.
2. CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000
2.1 The consumer is entitled to cancel the contract with the Supplier up to 7 working days starting the day after delivery. The consumer is under a duty to restore Goods to the supplier (if they have already been delivered) and in the meantime take reasonable care of them. The consumer must pay for the safe return of the Goods to the Supplier, where the consumer does not return the Goods then the consumer must pay the Supplier all reasonable charges to recover them.
The Supplier may deduct the cost of collecting the Goods from any refund if the consumer fails to return the Goods. The contract may only be cancelled in writing, either by fax or email, a telephone call is not enough.
Where a consumer exercises the right to cancel under the cooling off period, the Goods should be returned or be available for collection with 5 days of the notice being given.
3. ORDERS AND SPECIFICATIONS
3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless payment has been taken by the Seller.
3.2 The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller's quotation (if accepted by the Buyer) or the Buyer's order (if accepted by the Seller).
3.3 Any order that has been accepted by the Seller may be cancelled before delivery or after delivery (so long as it is cancelled within 14 days of the order date) under the Distance Selling Regulations. Cancellations must be made in writing by fax, email, or writing to our office.
Notification by phone is not sufficient.
3.4 Any amendments or cancellations to orders must be received in writing by either fax/email. If no written confirmation is received then no changes will be made to the order and Goods will be delivered as per the order.
4. PRICE OF GOODS
4.1 The price of the Goods shall be the Seller's quoted price on the website. Buyers shall make an offer to purchase the Goods from the Seller by placing an order on the website. This offer to purchase does not constitute the Seller's acceptance to supply the Goods at the price shown. The contract shall be made at the point where the Seller takes a payment from the Buyer in total. Where there are delays in taking payment the price of the Goods can not be guaranteed. The Seller will notify the Buyer within 48 hours if the offer to purchase is not accepted.
4.2 Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices are given by the Seller on an ex works basis, and where the Seller agrees to deliver the Goods otherwise than at the Seller's premises, the Buyer shall be liable to pay the Seller's charges for the transport, packaging and insurance.
5. TERMS OF PAYMENT
5.1 The Seller shall not be bound to deliver the Goods until the Buyer has paid for them. Payment shall be due before the Delivery date and time for payment shall be of the essence.
6. ACCEPTANCE OF THE GOODS
6.1 The Buyer is deemed to have accepted the Goods once a reasonable period of time has elapsed from date of delivery.
6.2 If the Goods are thought to be defective after a reasonable period of time has elapsed then a replacement or repair may be offered if the Goods are indeed found to be defective.
7.1 The Seller shall make delivery of the Goods to the Buyer as agreed by the Seller.
7.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date.
7.3 The Seller may elect to deliver the Goods on different days by different couriers. The Seller in the interests of convenience to the Buyer will keep these instances to a minimum.
7.4 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the Seller's fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:
7.4.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
7.4.2 sell the Goods at the best readily available obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
7.5 The Goods shall be delivered to the Buyer at the Buyer's address. The risk on the Goods shall pass to the Buyer upon such delivery taking place.
8. WARRANTIES AND LIABILITY
8.1 All Goods purchased will be supplied with a 12 month guarantee (Unless Otherwise Stated).
8.2 All Goods to be returned must first have the authorisation of the Seller. Failure to obtain such authorisation may result in the rejection of the return.
8.3 In the event of the manufacturer replacing or repairing the Goods and the Seller receiving these Goods back from the manufacturer, the Seller shall immediately despatch those Goods at his own cost to the Buyer.
8.4 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, misuse or alteration of the Goods without the Seller's approval.
8.5 Any claim by the Buyer which is based on any physical damage or defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 business days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect. If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. * We urge our customers to sign for Goods as "contents not checked" * if it is not possible to check the Goods whilst in the presence of the delivery driver.
8.6 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or refund to the Buyer the price of the Goods (or a proportionate price of the price), but the Seller shall have no further liability to the Buyer. Where a replacement unit is available a refund will only be offered within 30 days. Where a refund is requested the item(s) must be returned to the Seller within 30 days.
8.7 Any item(s) returned to the Seller will only be accepted if a valid RMA number is clearly marked on the outside of the package. Any item(s) returned without a valid RMA number on the outside may be refused.
8.8 Any damage caused by extreme weather, in particular wind, is excluded from any guarantees. Lying snow should also be cleared from greenhouse roofs to prevent damage.
9.1 The Buyer hereby acknowledges and confirms that the Buyer shall keep confidential all information of a secret or confidential nature (except for that which is already in the public domain) in relation to the Seller or the Seller's business which is disclosed to it or its advisors by the Seller or its advisors and will not without the Seller's consent divulge such information.
10.1 The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
Terms and conditions Jan 2005