Regular Terms and Conditions of sale
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Highgate Garden Furniture, Southchurch Road , Southend, Essex , SS1 2PE . In these terms “you” and “your” as appropriate refer to the buyer and “us”, “our” and we refer to the seller, Highgate Garden Furniture. “Days” refers to working days, being Monday to Friday inclusive, excluding bank holidays, unless otherwise stated.
1.2 Highgate Garden Furniture is pleased to accept orders subject to the Terms and Conditions of sale as stated below. Your use of the Highgate Garden Furniture trading website and purchase of the products (or services) (“products”) on it means that you agree to these terms and conditions (“terms”) . Please read the terms carefully before placing your order. We would advise you to retain a copy of them for your future reference.
1.3 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). 0nce the Supplier does so, there is a binding legal contract between us.
1.4 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken . It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.5 The contract is subject to your right of cancellation (see below).
1.6 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier’s website at the time you place your order. The price for each product is shown on highgatefurniture.co.uk in UK Sterling and includes VAT at % where appropriate.
2.2 Prices do not include charges for delivery. This will be additional depending on the value of the order or weight of the products.
2.3 The goods are subject to availability.
2.3.1 If on receipt of your order the goods you have ordered were shown in stock and are then not available in stock, the Supplier will inform you as soon as possible and advise you of the earliest possible delivery date. Should you wish to cancel your order at this point, you must immediately send an email to firstname.lastname@example.org stating your order number and that you wish to cancel your order. On receipt of your email the supplier will issue a refund or re-credit to you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled automatically. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
3. Payment & Security
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier’s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
3.4 We accept all major credit and debit cards. For security purposes, we will only deliver to the cardholder’s address.
3.5 To ensure that your online shopping experience is secure, your credit / debit card details will be encrypted on a secure server to minimise the possibility of someone being able to read them as they are sent over the Internet.
3.6 How does Highgate Garden Furniture Protect Customer Information?
3.6.1 When you place orders or access your account information, we offer the use of a secure server.
3.6.2 For credit card transactions, Highgate Garden Furniture adds security by using Secure Sockets Layer (SSL) technology, with 128 bit encryption. This means that the credit card information you send is encrypted by your computer, and then decrypted again on our side, preventing others from accessing your private information in between. So, when using an SSL capable browser, shopping on Highgate Garden Furniture web site is the safest kind of transaction possible with a credit card.
3.6.3 Furthermore, as required by the UK Data Protection Legislation, we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you.
4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom . Deliveries are normally made between the hours of 8am to 6pm Monday to Friday.
4.2 Orders placed using our 48 hour service before 12:00 pm (noon) on a working day will be processed that day and will be delivered, in most cases the next working day provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.) Orders placed for goods using our ‘Local Delivery Only’ service will be delivered within 7 working days of us receiving your order.
4.2.1 Where on the website we have indicated items in stock, we shall endeavour but not guarantee to deliver the goods, once ordered within 3 working days.
4.2.2 It may be the case that if some items are not in stock, or the balance is not in stock, we shall inform you by your email address of the same, and advise you of the anticipated delivery date.
4.3 If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will inform you as soon as possible.
4.4 Somebody will need to sign for your delivery unless you specify special delivery instructions in advance. If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.7 Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.
4.8 Upon receipt of your order you will be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
4.9 When your order arrives you must check for damages and or shortages. Claims for damages and or shortages have to be made within 48 hours of receipt of your delivery. Claims for damages and or shortages made after 48 hours of your delivery arriving will be refused. Time and date of delivery is recorded with our carriers.
4.9.1 To make a claim for any damages and or shortages you must immediately send an email to email@example.com stating your order number and the details of the damages or shortages.
4.9.2 We will arrange for the goods to be collected and replaced.
4.10 Keep all the packaging from your delivery in a secure dry environment in case you need to return any part of your order to us.
5.1 The goods are at your risk from the time of delivery
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
6. Your right of cancellation and Returns Policy
6.1 You have the right to cancel the contract at any time up to the end of 14 days after you receive the goods (see below), providing the goods have not been fitted or modified in any way and providing they are returned with the original packaging and providing the goods are in a resalable condition.
6.2 To exercise your right of cancellation, you must immediately send an email to firstname.lastname@example.org stating your order number and that you wish to cancel your order. We will arrange for the goods to be collected from you within 7 working days of informing us of your cancellation and returning them at your cost. You will be liable for all costs relating to returning the goods to Highgate Garden Furniture.
6.3 If you exercise your right of cancellation after the goods have been dispatched, you will be responsible for returning the goods to the Supplier at your own cost. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
6.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods only, and not for the packing and shipping costs, only after the cancelled items have been received in good condition by us.
6.5 If you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.
7.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the e-mail address email@example.com within 14 days. We will arrange for the goods to be collected and replaced within 7 days providing the goods are in stock. You must take reasonable care to ensure the goods are not damaged further in the meantime or in transit.
7.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the e-mail address firstname.lastname@example.org, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint. We will arrange for the goods to be collected and replaced or fixed within 14 days providing the goods are in stock.. You must take reasonable care to ensure the goods are not damaged further in the meantime or in transit.
8. Limitation of Liability
8.1 Highgate Garden Furniture 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 this agreement shall be limited to the price paid for the goods.
8.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.
8.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
8.4 Highgate Garden Furniture’s liability for direct loss or damage arising from damage to tangible property for which Highgate Garden Furniture is liable shall be limited to the VAT exclusive price of the relevant Product or Service in connection with which any claim for damage or loss is made.
8.5 The limitation on any exclusion from liability contained in these Conditions shall be subject to the provisions of section 2(1) of the Unfair Contract Terms Act 1977.
8.6 Highgate Garden Furniture will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
8.7 If you are a business customer Highgate Garden Furniture shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
9.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
9.2 Highgate Garden Furniture understands the value of privacy. We want you to enjoy your shopping experience with us in the safe knowledge that we take every precaution to ensure your privacy is maintained.
9.3 If you have any questions about the handling or protection of your personal detail, or your rights under this Online Agreement or if you would like to unsubscribe from marketing material then please contact us by email on the email address email@example.com
9.4 Personal Details & Privacy
In order to fulfil any orders placed with Highgate Garden Furniture we collect the following details:
Credit/debit card statement address and delivery address
Email address – to contact you with regard the order or if you are subscribed to our newsletter
A session ID to uniquely identify you on our site
An IP address to monitor site traffic and volume
We collect demographic and personal data:
To process your orders
For statistical purposes to improve the website and the products we offer
To notify you of products or special offers and price updates that may be of interest
To provide a quick and convenient service to you in the future
To provide you with a better Internet experience
9.5 Highgate Garden Furniture does not disclose shopper information to third parties, with the exception of our merchant centre who handle our credit card transactions and reputable distribution institutions such as the Royal Mail, Interparcel, TNT, Fastway Couriers who handle our order deliveries. Please rest assured that those companies and individuals who have access to any such personal information are not permitted to use this information for any other purposes and they are required to process any such data in accordance with the Data Protection Act 1998.
9.6 Your personal details will remain private and confidential. All data collected is for our internal use only.
9.7 Any information you provide is only accessible by you after you have entered your Email address and Password.
9.8 We do not sell mailing lists to other companies, or divulge any of your personal details to other companies or individuals.
9.9 Communication with You
9.9.1 Highgate Garden Furniture have an anti-SPAM policy, we will NEVER send you any unsolicited e-mail. If you choose to subscribe to our free newsletter, you will receive one occasionally. Clear unsubscribe details are always shown on the newsletter.
9.9.2 We may from time to time, send you pertinent information on special offers, giveaways or special discounts should you choose to subscribe to it.
9.9.3 If you choose not to receive our free newsletter, we will only contact you to answer your queries and/or send you your order confirmation. We will not contact you anytime else.
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10. Applicable Law
10.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and each party agrees irrevocably to submit to the exclusive jurisdiction of the courts of England and Wales .
10.2 Interpretation and Jurisdiction These terms and conditions only cover the highgatefurniture.co.uk web site. Any other websites which you link to from this website are governed by their own terms and conditions. We accept no responsibility or liability for web sites that are not under our control.
10.3 We are required by law to inform you that sales can only be concluded in English.
11. Copyright Notice
11.1 All content in what ever format found on highgatefurniture.co.uk web site is copyright of it’s respective owner, Highgate Garden Furniture and legal action may be taken if any person(s) or business is found using the content found on highgatefurniture.co.uk web site without permission in advance.
11.2 Highgate Garden Furniture does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them.
11.3 Copyright extends to the design, look and feel of highgatefurniture.co.uk, all photographs on it and its marketing materials.
12. Errors & Omissions
12.1 Every effort is made to ensure the accuracy of any technical data or literature made available in relation to our products and services.
12.2 All descriptions and illustrations of goods in any catalogue, brochure, information on the highgatefurniture.co.uk website, price list or in any other document provided by us are intended for general guidance only and do not form part of any contract between you and us.
12.3 We accept no liability for any error or omissions in such documents and cannot be liable in any circumstances for any loss or damage resulting from your reliance on such descriptions and illustrations.
12.4 We will promptly correct any errors brought to our attention.
13. Statutory Rights
All statements, guarantees or warranties in these terms of trading are additional to and do not affect your statutory rights. These terms and conditions are subject to change at any time without prior notice to you.