1. Introduction and Interpretation
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1.1 Introduction
The Buyer should read these terms and conditions carefully before using this website.
By accessing or using this website the Buyer agrees to be legally bound by these terms and conditions. The Buyer should note that these terms and conditions may be modified and posted on the website from time to time.
1.2 In these conditions:
"BUYER" means the person who places and order for Goods or whose order for the Goods is accepted by the Seller.
"GOODS"means the goods (including any instalment of the goods or parts for them) which the Seller is to supply in accordance with these Conditions. The Buyer should note that all Goods depicted on this website (as from time to time modified) are available almost anywhere in mainland UK and by special arrangement in the Channel Islands, Republic of Ireland, Northern Ireland, Isle of Wight, Isle of Man, the Scottish Isles and the Highlands of Scotland.
"SELLER" means Waltongardenbuildings (registered in England under number 00382248), VAT number GB853074821.
"CONDITIONS" means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes 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" means email or post.
1.3 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.
1.4 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Basis of Sale
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2.1 To order Goods the Buyer must follow the procedures set out in these conditions.
Details of procedures, products, prices, payment and delivery are set out on this website. The Buyer will be given clear instructions as to how to navigate the online order process. The Buyer will be asked to provide accurate personal details.
2.2 These terms combined with the pricing policy, order form and payment method instructions form the total agreement between Seller and Buyer.
2.3 The Seller's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer's own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission on this website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. All advertised sizes and measurements are an approximation only. The Seller will endeavour to make sure that sizes and measurements are as accurate as possible but no guarantees can be given. Buildings may differ to images shown.
3. Orders and Specifications
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3.1 The Buyer is obliged to follow the procedure set out in these terms and conditions when placing an order. By pressing "Proceed" on the order the Buyer consents to the terms and conditions. The Seller is not obliged to accept any order. If the Buyer's order is accepted the Seller will confirm acceptance to the Buyer by online electronic means ("Confirmation") to the email address provided by the Buyer. The Buyer should contact the Seller if he or she does not receive Confirmation of order.
3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including name, full delivery address, contact details and any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms and also for ensuring that all information provided by the Buyer is accurate.
3.3 The Buyer warrants that the credit or debit card used by him in connection with the transaction belongs to him and that there are sufficient funds or credit facilities to meet the cost of any Goods ordered. The Seller reserves the right to obtain validation and verification of the authenticity of the credit or debit card before supplying the Goods.
3.4 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Seller's specification, which do not materially affect their quality or performance.
3.5 All orders are subject to availability of the Goods. If the Goods are unavailable the Seller will be at liberty to supply to the Buyer a substitute of an equivalent quality and price without notice ("the Substitute Product"). In the event that the Seller is unable to supply the Product or any substitute Product the Seller will notify the Buyer as soon as possible and reimburse any payment made. Any special offers are subject to availability and subject to change. The offer can be withdrawn at anytime.
3.6.1 The Seller will endeavour to provide the best customer service possible. Should anything go wrong the Seller will make every effort to resolve the issue. However, should the problem be incapable of resolution, the Buyer may prefer to amend or cancel the order. In that case the Buyer should email the Seller.
3.6.2 The Buyer may cancel the order within 7 calendar days from the date of making the order. If the Buyer cancels the order via telephone the order will be put on hold. The Buyer must confirm his or her wish to cancel the order in writing via email, eBay messaging or post within 7 calendar days. The order will not be considered cancelled until notification in writing is received.
3.6.3 If the Buyer decides to cancel the order after the Goods have been dispatched and commenced their carriage (whether by carrier or by post), the Seller may charge the Buyer for carriage of the Goods. Buyers are advised to check the status of the order before requesting cancellation. Any charges will be communicated to the Buyer before the Seller confirms cancellation.
3.6.4 The Buyer should note that orders placed on Saturdays, Sundays or on public holidays and orders placed after 1.00pm on normal working days will not be processed until the next working day
3.6.5 The Buyer should note that subject to the provisions of clause 6.2 the Seller will use endeavour to deliver any order placed before 14 December in time for Christmas, but the Seller cannot give any guarantee in this regard. Furthermore orders placed after 14 December will be delivered in the first week in January, but again this is subject to the provisions of clause 6.2
3.7 Missing Parts – Missing or damaged parts will be replaced within 5 working days by Waltons. The customer will have the option to wait for damaged or missing parts or purchase them to a maximum of £25 which will be refunded to the customer on producing receipts. However, this course of action must first be agreed with a representative of Waltons in writing.
4. Price of the Goods
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4.1 The prices are listed in £GBP and are subject as stated inclusive of delivery costs and VAT. The Seller reserves the right to change the advertised price of Goods at any time. The price payable by the Buyer shall be the price in force at the time when the order is placed. The Buyer should note that there are certain destinations to which a delivery charge will be payable and there will be occasions when the Seller’s carrier makes an additional charge for delivery. Settlement of delivery charges in these instances will be the responsibility of the Buyer and charges must be reimbursed to the Seller in advance of delivery of the Goods.
4.2 The Seller reserves the right to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alternation of duties, significant increase in the costs of labour, materials or the costs of manufacture). As already stated, the price payable by the Buyer shall be the price in force at the time when the order is placed.
4.3 Should a pricing error occur, the Seller will inform the Buyer if the price for the Goods is higher than that stated on the order. The Buyer may then choose either to proceed or to cancel the order.
4.4 The Seller will endeavour to match the price of any like for like goods found online. If the Buyer finds the same product cheaper elsewhere then the Buyer should email the Seller and ask for a price match. This forms our Price Guard service. Discounted quotations can be requested for bulk or multiple orders by any charities or community organisations.
4.5 We do no deliver to the Channel Islands, the Republic of Ireland, Northern Ireland, the Isle of Man, the Isle of Wight, BFPO (British Forces Post Office) addresses, and some areas in mainland Scotland, Wales and the South West.
Additionally Buyers should note that any additional delivery charges levied by the Seller’s carrier will be passed to the Buyer whatever the destination.
5. Terms of Payment
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5.1 Payment accepted via Paypal only. This is to protect the Seller from card fraud.
6. Delivery
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6.0 The stated lead time starts only after the buyer has paid for the item(s) and delivery charges vary depending on the item. We are not obliged to be forced to deliver before the lead time expires.
6.1 Delivery of Goods shall be made to the Buyer's nominated address. The Buyer’s attention is drawn to clause 4.5 above. All delivery lead times are quoted in working days.
6.2 The seller aims to contact the customer to arrange for delivery of the Goods within the lead time specified in the Confirmation of Order or if no time is specified in the Confirmation within a maximum of 10 working days from the date upon which the payment is made. However, any dates quoted for contact or deliveries of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence.
6.3 If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller's reasonable control or the Buyer's fault, then another date is to be agreed or a full refund of the original purchase price will be processed along with the cancellation of the order.
6.4 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) the, without prejudice to any other right or remedy available to the Seller, the Seller may:
6.4.1 Store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage and re-delivery; or
6.4.2 Sell the Goods at the best price readily 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.
6.5 Delivery will be deemed to be completed once the Goods have arrived at the delivery address. Generally the Buyer or his agent will be required to sign for the Goods by way of proof of delivery. Delivery will be curbside as the courier is unable to legally enter the recipient property. In certain circumstances arrangements can be made through email or written confirmation. All Goods must be signed for by an adult aged 18 or over. Where Goods are being delivered to a business or some other institution such as a hospital, ship, airport or hotel, then arrangements must be made for an authorised signatory to deal with the proof of delivery. Special arrangements can be made for the Goods to be left at the Delivery address without a signature (unless a third party supplier requires otherwise). Buyers should note the provisions of clause 7.1.
7. Risk and Property
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7.1 Risk of damage to or loss of the Goods shall pass to the Buyer in the case of Goods to be delivered otherwise than at the Seller's premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller's fiduciary agent and bailee, and keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller's property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds or sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the buyer or any third party where the Goods are stored and repossess the Goods.
7.5 The Buyer 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 Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the buyer or any third party where the Goods are stored and repossess the Goods.
7.5 The Buyer 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 Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
8. Warranties and Liability
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8.1 Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of their initial use or 6 months from delivery, whichever is the first to expire.
8.2 The above warranty is given by the Seller subject to the following conditions:
8.2.1the Seller shall be under no liability in the event that the Seller in its absolute discretion makes any change to the specification of the Goods which are required to comply with any applicable safety or statutory requirement or otherwise or which do not materially affect the quality and fitness for purpose of the Goods
8.2.2 the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller's instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Seller's approval
8.2.3 the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;
8.2.4 the above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
8.3 Subject as expressly provided in these Conditions and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and/or the Unfair Terms in Consumer Contracts Regulations 1999), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
8.4 Where the Goods are sold under a consumer transaction the statutory rights of the Buyer are not affected by these Conditions.
8.5 If the Goods delivered are not the Goods ordered by the Buyer (including any substitute product) the Buyer shall be entitled to reject the Goods. Subject to this, any claim by the Buyer which is based on any 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 days from the date of delivery (save in the case of shortages or other defects discoverable on inspection which must be notified to immediately on delivery in accordance with clause 11.3 and be noted on the consignment note) or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. 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. Furthermore the Buyer will lose the right to reject the Goods if the Buyer takes any step whatsoever to accept the Goods (such as in the case of a shed installing electrical fittings or in all cases doing any act consistent with the Buyer having acknowledged the fact that it accepts the Goods and has no intention of returning the Goods to the Seller)
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, 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. All items are sold as DIY kits only. Waltongardenbuildings is in no way responsible for and 3rd party costs incurred by the customer.
8.7 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 of 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.
8.8 The Seller shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller's reasonable control:
8.8.1 Act of God, explosion, flood, tempest, fire or accident;
8.8.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;
8.8.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
8.8.4 Import or export regulations or embargoes;
8.8.5 Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
8.8.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
8.8.7 Power failure or breakdown in machinery.
9. Electrical and Garden Building Installation
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All of the items advertised are sold as DIY kits. The seller will not accept my responsibility for damage caused by a 3rd party supplier. The seller is not liable for any 3rd party costs.
10. Planning Permission
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This is in no way binding and is dependent on Local Authorities, but may be used as a guide
Applications for approval normally involve a fee, normally related in some way to the value of the development.
Where the development is more than just a simple extension, it is worth considering employing an architect to draw up the plans, submit them to the Local Authority, obtain the approval and then to oversee the work. A professional architect will have professional insurance in case anything should go wrong and should know the Local Officials and their particular foibles.
Every application for Planning Permission or Building Regulations is, to an extent, unique. While the following are general rules, it is impossible to define all the regulations applying to a specific development - Local Authorities have some thick books of rules rather than just these few pages. It is always good advice to consult your local planning/building control officers early to avoid any costly abortive work. If work is carried out without the necessary approvals, the local authority can issue an enforcement notice requiring (at best) retrospective approval or (at worst) demolition of the work completed.
Although the functions of Planning Officials and Building Inspector are separate, the two will often be found in the same building; they are normally very helpful and offer authoritative guidance.
Normally Planning Permission or Building Regulation approval is not required provided that:
· Sheds and greenhouses do not cover more than half of the area of the garden; not including the area occupied by the house.
· It contains no sleeping accommodation and the floor area does not exceed 15 square metres.
· No point is less than one metre from a boundary.
· It is not more than 3m high for a flat roof, or 4m with a ridged roof.
· Overall height from ground level to ridge must not exceed more than 2.5 metres within a 2 metre range of any boundary. A building with overall height exceeding 2.5 mtrs in height and placed within 2 metres of any boundary will require planning permission.
· Height of the eaves must not exceed 2.5 metres
· No part projects beyond any wall of the house that faces a road.
· The outbuilding is for use only by those who occupy the house.
· A Log Cabin should be more than 5 metres from the main dwelling and up to 50% of the remaining garden can be utilised with this type of building.
· No verandas higher than 30cms from ground level.
· Building Regulations do state that structures built of combustible material (i.e. a wooden shed) must be at least 2 metres from the main house.
If at all in doubt contact your local authority for clarification. No charge will be made if no planning permission is required.
11. Anti-Rot Guarantee
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11.1 Our standard/dip-treated products carry a guarantee against rot. Anti-rot protection guards against fungal decay and insect attack.
11.2 The guarantee does not cover movement, twisting or warping or splitting of timber products over time.
11.3 Any warranty offered is only valid for goods sold and used within the United Kingdom.
11.4 All products sold are for domestic use only unless otherwise stated in the description and/or product pages.
11.5 Validity of Guarantee
To comply with the conditions of the guarantee:
The product build instructions which are supplied with each building must be adhered to.
If any part of pre-treated timber is cut, notched or drilled then an approved cut-end treatment must be applied.
A suitable timber treatment must be applied at the time of first building and then reapplied every 12 months to maintain the appearance and function of the timber. The application and/or mixing guidelines provided by the manufacturer of the timber treatment should be followed.
11.6 The guarantee is invalid if:
If the building has been customised or modified in any way.
The person claiming is not the original purchaser of the building.
The building has not been treated annually or as per the treatment manufacturers.
The building has not been erected, fitted or installed correctly as per the supplied instructions.
The building has not been erected on a suitable sized and solid base
The building is or has been placed within 2 feet (60cm) of any obstruction (walls, tress, fences etc) which can allow moisture to penetrate the timber.
The roofing felt has been incorrectly fitted or damaged allowing water ingress.
11.7 General Information
We recommend that all glazing units are sealed with silicone or a similar alternative.
Roof coverings should be checked at least annually and in the event of suspected damage from an outside source. It is usual for roofing felt to be replaced on a regular basis, at least every 2/3 years.
Wood is a natural product and susceptible to changes in the external environment. Extremes of temperature or prolonged wet/dry weather conditions will cause a reaction in the timber. Timber may move, twist, warp and split. This will not affect the structural strength of the wood and is not covered by the product guarantee.
12. General (Section I)
12.1 The Seller may alter these terms and conditions from time and time and post a new version on ebay following which all use of the website will be governed by the new version. It is the Buyer's responsibility to check the terms and conditions on ebay on a regular basis.
12.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.3 The Contract shall be governed by the laws of England.
12.4 We recommend that you print out a copy of these terms and conditions for your future reference.
Please also inspect the Goods on delivery and notify us of any shortages or defects which are apparent at that point. Please also note damages or shortages on the consignment note and call our Customer Service Team on 01636 880514 to advise.
If you have any questions regarding the Waltonsgardenbuildings website please contact our customer services section for more information and full contact details.
13. General (Section II)
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13.1 The Seller may alter these terms and conditions from time and time and post a new version on the website following which all use of the website will be governed by the new version. It is the Buyer's responsibility to check the terms and conditions on the website on a regular basis.
13.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
13.3 The Contract shall be governed by the laws of England.
13.4 We recommend that you print out a copy of these terms and conditions for your future reference.
Please also inspect the Goods on delivery and notify us of any shortages or defects which are apparent at that point. Please also note damages or shortages on the consignment note and call our Customer Service Team on 0800 029 1000 to advice.
