"We" means GUDRUM CLASSICS LIMITED of
Newark Beacon
Beacon Hill Office Park
Cafferata Way
Newark
Notts.
NG24 2TN (UK)
Company Registration No. 4627032
Registered Office:
Gudrum Classics Ltd
Ossington Chambers
Newark
Notts
NG24 1AX
"You" means the person or persons so named on the order form provided on our website.
1. The contract between us
We must receive payment of the whole of the price for the goods that you order
before your order can be accepted or by arrangement as detailed on invoice.
Once full payment has been received by us we will send a receipt for the payment. This document is an offer by you that you wish to purchase the goods detailed and is not an order confirmation.
We will Confirm Acceptance of your Order either by us sending an Order Confirmation Document or when we / our suppliers despatch the goods, whichever is later. This document is called an Order Confirmation and is headed as such.
Our Confirmation of Acceptance of your order
brings into existence a legally binding contract between us. In all events we
retain title in the products and, at our discretion, absolute right to recover
the building and recover any costs from you, including right of access for said
recovery at any time entirely at our discretion until full payment is received.
2. Price
2.1 The price payable for goods that you order are as set out in our website
2.2 You will be required to pay for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
2.3 All prices displayed on this web site or quoted by us in writing are in £ Sterling.
(All images used on our website are supplied by manufacturers and in some cases are general images to cover categories. For example a machine might be described as "Push" when the image show a "self propelled" machine. The description is always accurate the image may not always be so.
2.4 Price Guard Guarantee: This applies only at the ""Offer"" stage of purchase. It does not apply after goods have been purchased. We do not offer any retrospective Price Matching. Prior to purchase of a product: if you find a product cheaper elsewhere and can show it to us - we will endeavor to offer the product at a lower price. We are not obliged to offer at a lower price and may choose not to.
2.5 Displayed Prices are subject to alteration without notice. Subject to Clause 4 and its sub-clauses - Once a product is ordered the price for that building will not change except by prior arrangement.
3. Rights for you to cancel your contract and returning goods
3.1 You may cancel your contract with us for the goods you order at any time up to the end of the fourteenth day (Seventh Day in the case of Timber or Stone Products) from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. All Goods must be returned at your expense to an address that we will give you at the point of cancellation prior to any refunds being issued.
3.2 To cancel your contract you must notify us in writing quoting your order reference number.
3.3 If you have received the goods before you cancel then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address or an address of OUR Choosing at your own cost an risk as soon as possible. You may by notice ask us to collect the goods from you at your cost at the price set out in our website.
3.4 Once you have notified us that you are cancelling your contract any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation. If you did not pay by credit card you will be refunded by cheque as soon as possible and in any event within 30 days of your cancellation PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
3.5 RETURNS: The Buyer may return any delivered Goods within 7 days of delivery for any reason whatsoever including simply a change of mind. The Buyer must notify the Seller in writing via email to: customerservices@gardenchic.co.uk
We will then give the appropriate address for the goods to be returned to.
3.6 The Seller will not accept returns or cancellations if the Goods have been altered by applying chemicals or paints to the surfaces or by altering or customising the Goods in any way or doing anything that could be deemed to be an act of the Buyer accepting the Goods as his or her own. The Buyer must keep any Goods he or she intends to return to the Seller in good condition. All parts of Self-Assembly products must be checked PRIOR TO ASSEMBLY. Goods that have been assembled will only be accepted by the Seller as a return entirely at Sellers Descretion. The Goods must be returned in the same condition and in original packaging as the condition in which they were delivered. If Goods are delivered flatpacked they must be returned in the same condition including complete disassembly and correct re-packaging. Care must be taken to ensure that Goods returned are packed well to avoid damage or loss in transit. Goods returned which cannot be sold as new due to damage or wear and tear will be subject to a reduction in the refunds given and may not be refunded at all at our discretion. For the avoidance of doubt Goods are returned at your expense and whilst in transport to the address that we specify at your risk.
3.7 Any non-fault returns may be subject to a handling charge
4. Cancellation by us
We reserve the right to cancel the contract between us if:
4.1 we have insufficient stock to deliver the goods you have ordered.
4.2 we do not deliver to your area; or
4.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.4 In the event that we are unable to deliver owing to factors beyond our direct control then a Force Mejeure will take effect whereby we will cancel and refund your order with effect immediately and outside the scope of other regulations. Please see clause 8.1 below.
4.6 Web Site or Other Technical fault results in Displayed Pricing being in-correct.
4.6 If we do cancel your contract we will notify you by e-mail or telephone and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. Delivery of goods to you & Warranties
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. Delivery of all Garden Buildings, Garden Furniture and any other large items will be to nearest accessible Kerb Side. Drivers will be helpful and try to comply with reasonable delivery requirements but it should be assumed that delivery is nearest accessible Kerb Side. Moving goods from Kerb Side is at your risk and responsibility. Where our driver is requested to or there is an implication that delivery should be made onto your property or any private property this may be done at the drivers discretion but is entirely at your risk and responsibility. Any damage incurred owing to weight of delivery vehicle / driver negligence or any other damage is entirely at your risk and you agree to be responsible for any costs in making good.
5.2 We do not remove packaging. Packaging may include Timber or other pallets, plastic or other wrapping and protecting packing, boxes etc. Packaging is for you to dispose of appropriately.
5.3 Delivery will be made as soon as possible after your order is accepted and, unless subject to other arrangement given to you in writing. Delivery periods indicated on product pages are a guide only. Delivery is Not Of the Essence. Please be aware that delivery Schedules are not guaranteed. Delivery to UK Mainland addresses only.
5.4 If for any reason delivery cannot be made to the ordering address it is your responsibility to provide an alternative address to where delivery can be made. We may charge
for this. The charge shall not exceed any cost imposed on us by the carrier.
5.5 You will become the owner of the goods you have ordered when they have been delivered to you. Once any goods have been delivered to you (kerb side) they will be held at your own risk and we will not be liable for their loss or destruction.
5.6 In the event of any claim being made under the guarantee or owing to damage in transit or for any other reason: We reserve the right to request photographic evidence to support any claim. We reserve the right not to fulfill any claim until such evidence is received. Such evidence as shall be sent will not be considered conclusive or final.
5.7 All warranties are valid for UK Domestic Use only unless stated otherwise.
5.8 All warranties are manufacturers warranties. Gudrum Classics Ltd does not offer any additional product warranty except as required by law. Manufacturers always Reserve the right to Alter Specification without Notice. Images are shown to support product text. Actual Products may differ from the images in detail dependent on manufacturers specification variants.
5.9 All Goods MUST BE CHECKED on Delivery. No Claim for damage during transit will be accepted unless a note is made on the delivery sheet. This sheet must be signed on Delivery of Goods and any information relating to damages must be made on this sheet, a copy of which is retained by the delivery driver. If any parts are found to be missing or damaged you must contact us PRIOR to assembling or attempting to assemble the Product.
5.10 Goods Manufactured from Timber: Timber will expand and contract according to its environment. A consequence of this is that there may be splits and cracks appearing in timber product. There may be significant variation in colour and in species of timber used in any product. Pressure treated timber may show a residue on the surface of the wood. All issue mentioned in this clause are deemed to be part of the natural qualities of timber. Such issues are not defects and are expressly EXCLUDED from any Warranty.
Unless stated otherwise; timber products are delivered un-treated. Where timber products are shown as painted - that is for Illustration Purposes only. Unless the text states that the item is painted then it is not.
5.11 All Measurements are Nominal. Any stated Measurement of building dimensions is a guide only and may be subject to significant manufacturing and other tolerances. Goods may vary from image shown and colours are not accurate. Imperial Measurements are a guide only and an approximate conversion from Metric rounded up or down to a round figure.
5.12 Garden Sheds and other Sectional Buildings may allow the ingress of water through wall panels in the first weeks after delivery. This is owing to the wall boards contracting in their dry stored environment. The wood will go through a natural process of regularization where the timber will absorb moisture from the surrounding atmosphere, the wood will slowly expand and any ingress should cease.
5.13 Delivery may be on our own vehicles, it may be on our suppliers vehicles or it may be by third party carrier. Contact regarding delivery will be either from us OR from the relevant supplier / carrier. We are at liberty to pass your contact details to third party delivery agents and assign them as the delivery contact point.
5.14 All colour are shown as a guide only. Colour reproduction is not accurate. Products offered as a set may not be an exact match especially where the set is manufactured from different materials ie part is manufactured from Cast Iron and part from Cast Aluminium.
5.15a Buildings and Other Structures: We do not advise on planning permission, building regulations or any other statutes that may cover any building or structure or any part therof or the location or uses of any building or structure. It is entirely your responsibility to check with the relevant authorities that any building or structure complies with any & all statutory requirements.
We shall have no liability for any issues relating to planning permission or any other structural
or usage permissions or regulations under any circumstances.
5.15b We do not advise on planning permission or building regulations.
We do not warrant the accuracy of information displayed here-with nor on the web site with regards to Planning Permission or any other regulatory / statutory requirements.
All text referring to Planning Permission, Building Regulations and any other statutory Requirement is information as we understand it only. It is not definitive nor exhaustive nor is it warranted to be accurate. There may well be local or National issues in your area that require compliance that are not detailed here. We accept no responsibility for the accuracy, completeness or otherwise of this text. For full and definitive information on Planning Permission, Building Regulations or any Other Statutory Requirements please contact your relevant authority.
Timber Products:
You accept that wood is a natural material. It differs from man-made materials
each piece of timber will have grains and knots which will vary. Being a natural
product wood will react to changes in atmospheric conditions. Wood will expand and contract. Most of this movement is across the grain of the wood so height dimensions will vary according to moisture content. All height dimensions are exclusive of roof insulation and covering and at 15% moisture content of the wood. Some splitting of the timber may occur as it expands and contracts with changes of humidity
and temperature.
The above processes are perfectly natural and do not affect the integrity
of the timber or of the structure it is used in and therefore splitting, cracks
& knots, expansion and contraction etc are not covered by any guarantee.
5.16 This website is provided on an ""as is"" and ""as available"" basis. We make no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products for sale on this website. You expressly agree that your use of this website is at your own risk. To the full extent permitted by the applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality and fitness for a particular purpose.
We do not warrant that this website, its servers, or e-mails which may be sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
6. Liability
6.1.1 If the goods we deliver are not what you ordered or the delivery is of an incorrect quantity we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 working days of the delivery of the goods in question
6.1.2 We shall have no liability to you in the event that the goods are damaged following delivery
6.2 If you do not receive goods ordered by you within [30] days of the date on which you ordered them we shall have no liability to you unless you notify us in writing at our contact address of the problem within [40] days of the date on which you ordered the goods.
If you notify a problem to us under this condition our only obligation will be at our option:
6.2.1 to make good any shortage or non-delivery;
6.2.2 to replace or repair any goods that are damaged or defective; or
6.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose
6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.
6.4 You must observe and comply with all applicable regulations and legislation including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that you may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7. Notices
Unless otherwise expressly stated in these terms and conditions all notices from you to us must be in writing and sent to our contact address at ...
Gudrum Classics Ltd.
Newark Beacon
Beacon Hill Office Park
Cafferata Way
Newark
Notts.
NG24 2TN (UK)
or by email to info@gudrum.com or by telephone on 01636 858290
All notices from us to you will be displayed on our website from time to time
8. Events beyond our control
8.1 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, for any reason our suppliers becoming un-able to supply goods or acceptable alternatives, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
8.2 We accept no responsibility whatsoever for the content of any web sites other than web sites owned by Gudrum Classics Ltd. We do not warrant the accuracy or provide information to any web sites that purport to offer information regarding us or our products whether said web sites are linked to our web sites or not. We explicitly do not warrant the accuracy or in any way support any information displayed on web sites other than our own sites as listed on www.gudrum.com
9. Invalidity
If any part of these terms and conditions in enforceable (including any provisions in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10.Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12.Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
13.Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
