Please read these product terms and conditions (“Product terms”) carefully as they set out the terms under which you as the customer will transact with Semro Limited, trading as Best4Gardening.
1. INTERPRETATION
1.1 The definitions and rules of interpretation in this condition apply in these Conditions.
Buyer: the person, firm or company who purchases the Goods from the Seller.
Goods: any goods agreed in the Contract to be supplied to the Buyer by the Seller (including any part or parts of them).
Seller: means Semro Limited of Spring Lane, New Milton, Hants., BH25 5QB, Reg. No. 8630173, trading as Best4Gardening.
1.2 Words in the singular include the plural and in the plural and include the singular.
1.3 A reference to one gender includes a reference to the other gender.
1.4 Condition headings do not affect the interpretation of these conditions.
1.5 Subject to any variation agreed by the Seller in writing the Contract shall be on these conditions to the exclusion of all others terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
1.6 No terms or conditions endorsed on, delivered with or contained in the Buyer’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.
1.7 These conditions apply to all the Seller’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Seller. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Contract. Nothing in this condition shall exclude or limit the Seller’s liability for fraudulent misrepresentation.
1.8 Each order or acceptance of a quotation for Goods by the Buyer from the Seller shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.
1.9 No order placed by the Buyer shall be deemed to be accepted by the Seller until a written acknowledgement of order is issued by the Seller or (if earlier) the Seller delivers the Goods to the Buyer.
1.10 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate and the Seller shall not be liable whatsoever in respect of the same.
2. RETURNS
2.1 From the time of delivery of your items, you have 14 days in which to fully examine your purchases. If during that time you wish to return any items for any reason including cancellation of the order, you must inform us in writing or via e-mail. You need to then return the goods at your cost to the address notified to you at the time of return notification where we will make an inspection within 2 working days. Subject to this inspection we will immediately process a refund. If we believe the claim to be invalid we will immediately inform you by email with a full explanation and where necessary photographs. You will of course have the opportunity to discuss any decision made.
2.2 After the 14 day period, we cannot process any refund other than a valid warranty claim. To make a warranty claim please first do so in writing or via e-mail. You will then be advised of the next actions that need to take place. This does not affect your statutory rights.
3. PRICES
The prices payable for the items that you order are clearly set out on the web site. All items are supplied in self assembly / flat pack form. All prices are expressed inclusive of any applicable taxes. The price of the items may not include the delivery charge. This will be marked clearly within the product details for an affected item. Unless otherwise stated, delivery for mainland UK is £100.00. Prices may change and the Seller will ensure that revised prices are notified to the Buyer as soon as reasonably possible. Prices are correct at time of publishing, errors and omissions excluded.Semro Ltd. reserves the right to change prices without prior notice.
4. AVAILABILITY
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will notify you as soon as reasonably possible. Prior payment will be taken for out of stock items to secure stock only if you are happy to proceed with the order and agree to wait for the items.
5. CONTRACT
There will be no contract of any kind between you and us until payment for your Goods is authorised by your bank or credit card issuer. At any point up until then, we may decline to supply the Goods to you without giving any reason. At the moment that payment for the Goods is authorised, (and not before), a contract will be made between you and us. Authority for payment must be given at the time of the order. Payment for your order will be acknowledged by email. If for any reason the Goods cannot be supplied then payment will be refunded in full. Please note that refunds can take up to 30 days.
6. DELIVERY
Delivery will be made to the address specified by you. Please note that our standard delivery of Goods is within mainland UK. Some excusions / surcharges / extended lead-times may apply. See the ‘Delivery information’ section for further details. All deliveries will be made to you by our courier or chosen supplier. We do our best to secure delivery within the advertised period following the date of your order. Time is not of the essence for the purposes of this condition. Surcharges may apply for special deliveries where there are access restrictions. If you are not at home for a pre-arranged delivery then we reserve the right to charge you £100.00 to redeliver your order. If you wish to change the delivery date once it is agreed then please give us no less than 7 working days notice prior to delivery. If less than 7 working days is given, an additional £100.00 may be charged. It is your responsibility to check your delivery for obvious defects or damage before signing for the goods. We cannot accept liability for goods damaged after delivery if signed for in perfect condition. If you intend using subcontractors for installation we recommend you do not commit to them until the delivery has been made and 100% checked as being complete / undamaged. This will avoid any danger of you being financially liable for downtime due to unavoidable delays. Deliveries to commercial properties could void your warranty.
7 WARRANTY
7.1 Semro products are guaranteed for the length of time stated on each product against faulty materials or workmanship subject to Specification of Goods.
7.2 Failure to carry out the recommended instructions for decorating, sealing and installation of joinery products can impair their performance and will invalidate any guarantees.
7.3 Where any valid claim in respect 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 (of the part in question) free of charge or, at the Seller's sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
7.4 Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
8 SPECIFICATION OF GOODS
8.1 The warranty does not apply to doors/windows which swell due to intake of excessive moisture or any other neglect or misuse on the part of the Buyer after sale. The Seller's liability under this warranty shall not extend to costs or charges of unfixing, reaffixing, painting, polishing, staining, handling, cartage, storage or other additional charges or expenses. (This does not affect your statutory rights).
8.2 All Goods must be stored in a dry place in a safe and secure manner. The Seller cannot accept any responsibility if Goods are not so stored.
9 PAYMENT
9.1 You can pay with any Maestro, Solo, MasterCard or Visa card, or alternatively use your Paypal account. Regardless of funding method, all payments are taken via the Paypal system by using the Paypal button at the checkout. You do not need a Paypal account to progress a credit or debit card payment. If you wish to pay by cheque, please make contact with us via eBay and we will advise you of how to proceed.
9.2 Payment of the price for the Goods is due in pounds sterling.
9.3 Time for payment of the price shall be of the essence.
9.4 No payment shall be deemed to have been received until the Seller has received cleared funds.
10 INTELLECTUAL PROPERTY
All Intellectual Property Rights and all other rights in the Goods shall be owned by the Seller or their suppliers solely. In this condition reference to Intellectual Property Rights shall mean all patents, rights to inventions, utility models, copyright and related rights, trade marks, Service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for any renewals or extensions of such rights, and all similar or equivalent rights or forms of protections in any part of the world.
11 EXCLUSION OF LIABILITY
11.1 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 Buyer in respect of:
11.1.1 any breach of these conditions;
11.1.2 any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
11.1.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
11.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
11.3 Nothing in these conditions excludes or limits the liability of the Seller:
11.3.1 for death or personal injury caused by the Sellers negligence; or
11.3.2 under section 2 (3), Consumer Protection Act 1987; or
11.3.3 for any matter which it would be illegal for the Seller to exclude or attempt to exclude its liability; or
11.3.4 for fraud or fraudulent misrepresentation
11.4 Subject to conditions 12.2 and condition 12.3;
11.4.1 The Sellers 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
11.4.2 The Seller shall not be liable to the Buyer for loss of profit, loss of business or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
12 GENERAL
12.1 These Product Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts. If any of these Product Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
12.2 The Seller may assign the Contract or any part of it to any person, firm or company. The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Seller.
12.3 The Seller reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) 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 Buyer shall be entitled to give notice in writing to the Seller to terminate the Contract.
12.4 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, violability, 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.
12.5 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.
12.6 Any waiver by the Seller of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
12.7 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.
12.8 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post and by email:
12.8.1 (in case of communications to the Seller) to its registered office or such changed address as shall be notified to the Buyer by the Seller, or
12.8.2 (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Seller by the Buyer.
12.8.3 (in the case of the communications to the Seller) to be via eBay.
12.8.4 (in the case of the communications to the Buyer) to the Buyers email address.
12.9 Communications shall be deemed to have been received:
12.9.1 If sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
12.9.2 If delivered by hand, on the day of delivery.
12.10 Communications addressed to the Seller shall be marked for the attention of the managing director.
13 CUSTOMER SERVICES
If you have an order query, please email us via eBay.
Semro Limited,
Spring Lane,
New Milton,
Hants.
BH25 5QB Reg. No. 8630173
