Online terms and conditions between a business and consumer for the sale of goods
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
1. General terms and conditions
1.1 These Terms and Conditions explain your rights and obligations in relation to our website and any goods purchased through our site. Please read them carefully. By accessing our website and placing an order, you agree to be legally bound by these Terms and Conditions. If you do not wish to be bound by these terms and conditions then you may not use or access our site or place an order.
1.2 This site is owned and operated by Gates and Fences UK Limited of Kerswell Gardens, Newton Road, Torquay, Devon. TQ2 7HX. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at email@example.com or 0800 6124 965.
2. Use of this site
2.1 All rights, including copyright, in this website are owned by or licensed to Gates and Fences UK Limited. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose
2.2 We reserve the right to suspend, restrict or terminate your use of our site at any time.
2.3 We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
2.4 We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
3 Purchasing from us
3.1 To purchase from us you must be a resident of the United Kingdom mainland. We cannot ship to locations outside of the UK mainland.
3.2 Payment will be taken in full at the time of the order.
3.3 By submitting your order you are offering to buy the goods and allowing us to use your personal details for the purposes of supplying goods (including passing your details on to couriers).
3.4 The contract shall not have been concluded until we have completed the following steps: we have received your payment details, we have received your confirmation email confirming size and style required and we have dispatched the goods to you.
3.5 We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
3.6 You are able to correct errors on your order up to the point at which you click on “submit” during the ordering process. For bespoke items; should an error be discovered after you have submitted the order, but before we have placed it into the manufacturing and/or sourcing system, we may still be able to rectify the error providing you contact us by phone during our normal working hours. It should be noted that if the order has entered the manufacturing and/or sourcing process charges may apply in order to make a change.
3.7 To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us. We will require your confirmation response in order to place your order into the manufacturing and/or sourcing process. Once you have confirmed your sizes via email if ordering over the phone any errors in your sizing if found to be incorrect once manufactured/ delivered the company (Gates and Fences UK) will not accept liability. Once you confirm the sizes then this is the start point of your order. 3.8 The date your confirmation email is received is counted as the ‘first working day’, not the date the order was initially placed.
3.9 Invoices will be supplied via email, it is your responsibility to check the invoice and report any discrepancies in size or specification as soon as possible.
4.1 The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
4.2 Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
4.3 We will not be bound to honour any prices where we have indicated to you subsequently that the prices displayed have been displayed in error. In these cases a refund will be offered.
Our main products are bespoke and manufactured by us to your specifications; however, some peripheral items may be held by us from time to time. Therefore, orders are subject to acceptance and availability of these peripheral items. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available or to cancel that part of your order.
6.1 Wood is a natural product and therefore susceptible to changes in an outside environment. Extremes of temperature or changes in weather conditions will cause a reaction in timber used outdoors. Heat and wet weather can cause panels to lose shape but this process will be reversed when temperatures subside and the weather becomes drier. Posts may warp in higher temperatures/wetter weather too. This is perfectly natural and in all but the most extreme cases normal shape will return. Timber may split but this will not affect the structural strength of the gate. We cannot prevent or give any guarantee against warping, bowing, twisting, splitting, mould, blue spots and any other movement once the product has been accepted. We will not refund any monies as a first option for issues of this kind. If your wooden gate is painted it is up to yourselves to maintain the gates thereafter and the paint may chip or split during its lifetime we can not cover any of these situations down to normal use.
Metal gates/ metal framed gates that have had powder coat finish applied will need additional paint added as soon as they are fitted to help prevent against rust. Rust will appear if scracthed, knocked or chipped paint occurs and can also show around the weld points where there is slight air pockets and on the top of gates where water may sit throughout the year. If this occurs it will be down to yourselves to give the area a rub down and apply more paint.
6.2 Timber is a living product and the sizing can therefore have a tolerance of between 0 - 10mm per side/ gate.
6.3 Care is taken during the design and manufacture of our wooden products to minimise the effects of it being a natural material and, therefore, potentially susceptible to movement due to the environment and conditions in which they are kept once they leave our workshops. To maximise durability we use mortise, tenon and dowel joints on the frames to maximise strength and leave a rebate within the frame to help allow the board to move.
6.4 Once you receive your gates you must fully treat them prior to exposure to the elements and you must maintain a good level of treatment we recommend you retreat within 28 days once the gates have climatised (this includes gates we have treated/painted) and then at 6 months old and then every 12 months. Wood rot and mould is a direct result of neglect to inspect the product for damage and we cannot be held liable for this. Also should you not treat or maintain a good level of protection we will not be liable for bowing, twisting, moving, splitting, expansion or contraction caused as a result of this.
6.5 We do not cover any consequential expenses incurred as a result of replacing the product, such as fitting and finishing costs. Delivery is not included in this, please see section 7 for further details.
7.1 You will be required to pay extra for delivery unless free delivery is offered from time to time. It might not be possible for us to deliver to some locations.
7.2 Please note that we predominately deliver to addresses within the United Kingdom, but generally not the Isle of Wight, the Isle of Man, the Scottish Isles, and parts of Scotland, Northern Ireland and the Channel Isles. Delivery to these excluded areas may possibly be arranged at extra cost in some circumstances.
7.3 Time of delivery is not covered by these terms and conditions. We will not be liable for any loss or damage suffered by you through any reasonable delay due to unforeseen circumstances outside of the control of Gates and Fences UK Ltd or our courier company.
7.4 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where and who you would like the goods left if you are unavailable when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence).
7.5 We are not liable for damage caused during transit or upon delivery if you choose a courier different to the one used by ourselves.
7.6 On delivery of the goods it is very important that they are checked for damage or missing parts. If this is not possible at the point of delivery then they should be signed for as ‘unchecked’ or ‘damaged’ or ‘parts missing’ as appropriate and you must notify us within 2 working days of the delivery. We cannot be held responsible for replacements or refunds for goods that are not signed for in the correct manner, however we will do all we can to help rectify the problem for you.
7.7 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss, damage or destruction.
7.8 Please ensure that you are in receipt of your goods before arranging an installer.
7.9 We are not liable for any consequential losses you may incur through missed delivery times or damage received during transit.
7.10 In the unlikely event that there is a problem with your goods upon arrival please contact our customer services team on 0800 6124 965 or by email at firstname.lastname@example.org. They will give you all the help and guidance you need.
7.11 If you hang your gates before informing us of any delivery damage or faults then we are under no obligation to repair,replace or refund them.
8Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. You will only own the goods once they have been successfully delivered.
Gates and Fences UK can not be held responsible for any gates installed by other parties for damage,injury or loss of life. Each gate must be installed correctly and apply to strict building regulations. Any automated gates must be pressure tested after install and have additional safety edges/ photocells required to ensure the gate meets all safety expectations as without these can lead to serious accidents and even death. (Contact us for any safety advice on this matter).
10 Cancellation of Contracts
10.1 You cannot cancel your contract if the goods you have ordered are bespoke i.e. made to order, this covers the majority of our wooden and a proportion of the metal products we manufacture and supply or source to your specification. This puts them outside of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 10.2 If you have received the bespoke goods before you cancel your contract then you must send the goods back to our contact address. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own risk as soon as possible.
10.3 Once you have notified us via email to email@example.com that you are cancelling your contract, any sum debited by us from your credit or debit card will be re-credited to your account as soon as possible, and in any event within 30 days of cancellation. However, goods returned must be in a re-sellable condition otherwise a charge upto the amount of 20% will be deducted from your refund.
10.4 Bespoke and/or sourced to order goods that are cancelled after they have entered the manufacturing and/or sourcing system will attract a refund of up to 40% of the order price as appropriate.
10.5 Unless the goods you are returning are faulty, delivery must be arranged and paid for by the customer.
11 Cancellation by us
11.1 We reserve the right not to process your order if:
11.1.1 We have insufficient stock to deliver the goods you have ordered;
11.1.2 We do not deliver to your area; or
11.1.3 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.
11.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 30 days.
12.1 If you do not receive goods ordered by you within 30 days of the date on which you ordered them in accordance with clause 2 and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund. Please note this does not apply to bespoke goods outside of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 12.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control nor for any cost regarding installation of the goods.
12.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
12.4 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.
12.5 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 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. You have certain rights as a consumer including legal rights (e.g. under the Sale of Goods Act 1979 (as amended)) relating to faulty and/or misdescribed goods.
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 Kerswell Gardens, Newton Road, Torquay, Devon. TQ2 7HX and all notices from us to you will be displayed on our website from time to time
14. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
15. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude ourliability to you) the enforceability of any other part of these conditions will not be affected.
18. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
Gates and Fences UK Ltd are committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Data Protection Act 1988 (‘the Act’)
We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.
Use and collection of personal information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
To register you with our website and to administer it.
For assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
If you do not want us to use data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
We may disclose your personal information to third parties:
In the event we sell or buy any business or assets, in which case we might disclose your personal data to the prospective buyer or seller.
If we are under a legal duty to disclose or share your personal data in order to comply with or meet any legal obligation.
Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.
To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visitwww.allaboutcookies.org.
If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site. Alternatively, you may opt out of receiving information from us by e-mail, telephone, fax or post. Our phone number is 0800 6124 965, or you can e-mail us on firstname.lastname@example.org.
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
You have the right to ask us not to process your personal data for marketing purposes. We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose. You can exercise your right to prevent this happening by checking certain boxes on the forms we use to collect your data.
You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to:
Gates and Fences UK Limited
Unit 2 and 3 Amberon House