Terms & Conditions

1. Introduction

This website is operated by Urban Garden Products Limited (Company Number: 7614896) 21 Brynford Street, Holywell, CH8 7RD. By accessing or using our website you agree to be legally bound by these Terms and Conditions. We reserve the right to change these terms and conditions at any time. You must check these conditions on each visit to our website and such visit will signify that you are willing to be bound by the latest posted terms and conditions. These terms and conditions are for private purchasers (consumers) only. If you are buying our goods to re-sell then you need to notify us in writing to open a re-seller account with us. (A consumer is defined as "any person who, in buying something to which the Consumer Protection (Distance Selling Regulations) 2000 apply, is acting for purposes outside their business.") . Please read through these terms and conditions carefully before using our web site.


2. Buying products on our website

Ordering procedures set out within these conditions. Details of procedures, products, prices, payment and delivery are displayed on our website. You will be given clear instructions on how to navigate our simple on-line ordering process and you shall be required to provide us with your personal details. If goods are required for a specific purpose which is over and above the item description or what is reasonably expected of the goods this needs to be notified to us at the time of purchase. By clicking on the 'Proceed' button on the order form you are consenting to our Terms and Conditions. If you have a comment, concern or complaint about a product you have purchased from us, please contact us via email at sales@urbangardenfurniture.co.uk. Or by Post to: Customer Services, Urban Garden Products Ltd, Unit 7D Barrowmore Enterprise Estate, Barnhouse Lane, Great Barrow, Chester, CH3 7JA.

3. Prices

Prices listed are in GBP and are inclusive of delivery costs (exceptions may apply, please see section 5 "Arranging and Anticipating Delivery" section below). We may change the advertised price of a product at any time. The price you pay will be the price in force at the time of your order. The price of your order will be validated by us as part of the acceptance procedure. We try to ensure prices displayed on our website are correct at all times. Should a pricing error arise, we will inform you if a product's correct price is higher or lower than that stated on your order and you may choose to either proceed with or cancel the order.


4. Payment

Payment is by credit or debit card, we accept MasterCard, Visa, Switch, Solo, Delta or Maestro and Paypal and payment is taken when we receive your order.The price you pay is the price displayed on this website at the time we receive your order (and any applicable additional delivery charges) apart from the following exception: - While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Urban Garden Products Limited is entitled to refuse any order placed by you. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions. The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Urban Garden Products Limited. Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it. You undertake that all details you provide to us for the purpose of purchasing products or services which may be offered by us on our website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any products or services. We reserve the right to obtain validation and verification of the authenticity of your credit or debit card details before providing you with any products or services. On-line and telephone order payments are processed via our SSL secure payment system.


5. Availability and Description

All products depicted on our website (as may be varied from time to time) are available almost everywhere in mainland UK, and by special arrangement to the Channel Islands, Republic of Ireland, Isle of Wight, Isle of Man and the Scottish Highlands & Islands. All products are subject to availability. If the product you order is unavailable, we may provide you with a substitute of an equivalent quality and price without notice ("Substitute Product"). In the event that we are unable to supply the product or any substitute product to you at all, we shall notify you as soon as possible and shall reimburse your payment in full. We reserve the right not to supply you at our discretion. Very occasionally products featured on our web site may be known by different model numbers or branding names but are in fact the same product as stipulated by the manufacturer, these items may vary cosmetically, sometimes they are identical, we reserve the right to supply these as the products listed on our web site. These items will not be classed as substitute products. If you are in any doubt please speak to us before placing your order. Occasionally manufacturers will update their products, and we reserve the right to supply these to fulfil your order. These will not be classed as substitute products. Pictures and illustrations are for illustration purposes only and products may occasionally vary in size, shape or colour.

 

6. Arranging and Anticipating Delivery

HOME DELIVERY INFORMATION With regard to section 3, our inclusive delivery refers to deliveries within most of mainland UK (England and Wales) destinations. Deliveries to the Channel Islands, Northern Ireland, Isle of Man, Isle of Wight, Orkney, Shetland, Scotland and Scottish Isles may incur an extra Delivery charge and may possibly incur an extended lead time. (Please note that certain items may not be deliverable to these areas). All prices on our site include standard delivery but the following Scottish postcode prefixes may also incur an extra delivery charge: AB DD FK IV KW KY PA PH Please note - Other postcodes (depending on the item purchased) may still be subject to additional charges. For further information regarding delivery information please speak to us on 01829 740194. These postcodes and also BT (Northern Ireland) are not Next Day Delivery as advised by the automated email. Deliveries can take between 2-4 working days. Due to the nature of external contract delivery, additional delivery charges are outside our control and the Company will not be held responsible for such costs. By agreeing to the terms and conditions you are also agreeing to accept additional delivery charges should your postcode/area necessitate these as detailed or notified to you. You are also agreeing to be bound by all terms and conditions that delivery companies have which are associated with us. These can be obtained by the companies own individual websites. Any times or dates stated on our website or emails regarding delivery are estimates only. Urban Garden Products Ltd endeavours to deliver within 14 days, but does not accept liability whatsoever for any failure to deliver within that time. Orders received on Saturdays, Sundays or public holidays and Orders received after 1pm on weekdays, will be processed the next working day. We do not normally deliver on Saturdays, but where we can and we agree to an additional charge will be levied. We do not deliver at all on Sundays or public holidays. Whilst we agree to use all reasonable endeavours to ensure that delivery is made around the delivery time advertised, you will acknowledge that actual delivery is often via third party suppliers and carriers and can therefore be beyond our control. Incorrect personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate postcode of the Delivery address and your daytime contact telephone numbers and e-mail address so we can notify you in the event of a delivery problem. If you are not going to be in to accept delivery and you wish the goods to be left please notify us before delivery or leave a signed note on your door to this effect. Please note that our standard delivery service is a one man delivery with a kerb side delivery only.

 

7. When the Delivery arrives

Delivery will be deemed as successfully made once the product has arrived at the address specified so long as the product has been signed for or a signed note by the buyer has been left to say that the goods can be left unsigned for. Where goods are required to be signed for, these must be signed for by an adult aged 18 years or more. Products will be deemed your responsibility once they have been received by you, your agent or the intended recipient or a signed note has been left indicating that delivery can be left unattended. Any loss or damage to the products shall then be at your own risk. In case of delivery to certain locations such as hospitals, airports, hotels, ships and other business premises, the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery. Please note if access for delivery is restricted please ensure that you inform us when placing your order or in all circumstances prior to dispatch. Failure to do so will result in the delivery being treated as a failed delivery if access is unavailable and may result in a re-delivery charge being applied. If the order is subsequently cancelled for a refund this will be treated as a cancellation under the Distance Selling Regulations 2000 and the original delivery charge will be taken from any refund issued. Should a delivery be refused at the delivery address, and re-requested for another date, we may, at our discretion charge for the second delivery since we met our delivery obligations with the initial delivery attempt. If you refuse an item that is being delivered for any reason when it arrives you must notify us immediately that you have refused delivery and the reason for refusal to sales@urbangardenfurniture.co.uk. Failure to notify us may result in the original delivery charge becoming payable. If delivery is refused because it is decided you no longer require the goods and the order is subsequently cancelled and a refund given the original delivery charge will be taken from the refund before it is issued. It is the recipient’s responsibility to sign for the correct number of packages as shown on the carrier's delivery consignment note. Shortages must be noted on the consignment note where possible. You should notify us of the shortages within 48 hours of delivery. (Please see Packages/Parcels Missing on delivery section for further information) It is your responsibility to ensure that your goods are checked before signing the delivery note. If you have received a package that is damaged and have chosen to accept the delivery, it is important that you sign the delivery note as "damaged". You must notify us of any damage within 48 hours of receipt and we may require photographic evidence of the damage to be supplied to us. We will then arrange to collect and replace your item within the usual time scales as indicated in the terms of delivery or offer an alternative remedy. Signing of the delivery note as ‘unchecked or similar wording’ does not waive your right of notification to us for damage. Signing the delivery note as ‘unchecked or similar wording’ will be deemed to have been accepted as undamaged. We cannot accept claims for damaged goods if the courier has obtained a clean signature or if more than 48 hours after delivery have passed. We cannot process claims for damaged packaging where the contents are undamaged. The function of the packaging is to protect the contents whilst the item is in transit. If you receive a parcel which is obviously damaged beyond all levels of acceptability please REFUSE delivery for the item(s) and contact us immediately by email to sales@urbangardenfurniture.co.uk we can then arrange for the appropriate action to be taken.

 

8. Cancellations Before Dispatch

If you wish to cancel your order before dispatch, please email us at sales@urbangardenfurniture.co.uk. You may cancel your order at any time up until dispatch. If you cancel your order via telephone before your order has been dispatched your order will be put on hold. You must then confirm your wish to cancel the Order in writing via email to sales@urbangardenfurniture.co.uk or post to the address in section 2. Your order will not be considered cancelled until notification in writing is received and acknowledged.

 

9. Cancellations After Dispatch

If you decide to cancel an order after the product(s) have been dispatched and commenced their carriage to you please email us at sales@urbangardenfurniture.co.uk, we may, at our discretion, charge you for the return carriage of those product(s) which will be deducted from any refund issued. We advise you to check the status of your order before you request cancellation. Any charges will be communicated to you before we confirm the cancellation.

 

10. Returns

Before you request or arrange the return of a product, please read the information below carefully. Please note that if applicable, all parts must be checked before assembly to make sure they are all there and that you are happy with the quality, once fully assembled has been commenced the purchase price cannot be refunded.

 

11. Change of Mind Returns (Cooling Off Period)

You may return any delivered product(s) you have purchased within 7 working days after day of delivery for any reason (including if you simply change your mind). To do so you must notify us in writing via email to sales@urbangardenfurniture.co.uk or via the postal system to the address in section 2 stating the reason for the return. If you are returning a product for any change of mind reason you must arrange to return the products to us or our suppliers and you will be responsible for any charges incurred. All returned products must be returned ‘as new’; if you have opened the package you must have done so without damaging or marking the product. All items will be checked upon return before the relevant action is taken. All items are to be returned within 30 days of cancellation. Please note you have a duty of care to make sure that the items are sufficiently packaged to prevent damage occurring during their return. Failure to ensure this may result in action being taken against you for damaged items. If the item is damaged on arrival at our point of delivery we will notify you and you may need to make a claim against your carrier. The goods may then be collected from us. We cannot process a refund for damaged goods.

 

12. Other Returns Damaged or Broken on Arrival (Cancelling the Order)

In all cases for damaged items or broken items on delivery where you wish to cancel the order and return the goods (damage must be reported within 48 hours of delivery) we will require photographic evidence of the condition of the item you are returning. This will be at our discretion. Electronic files should be forwarded to us by email to sales@urbangardenfurniture.co.uk and we will obviously also accept printed media via the postal system. We will then collect the item(s) from you if applicable, you will receive a full refund once the goods have been delivered to us and have been inspected. We cannot accept back for a full refund any item which has been assembled, incorrectly assembled causing a fault, accepted or used. Please note you have a statutory duty to take reasonable care of the goods in your possession which includes packaging the goods for return to prevent further damage. The goods remain your responsibility until received by ourselves. In all cases for damaged items or broken items on delivery where you wish to have a replacement or parts sent (damage to be reported within 48 hours of delivery) we will require photographic evidence of the condition of the item. This will be at our discretion. Electronic files should be forwarded to us by email to sales@urbangardenfurniture.co.uk and we will obviously also accept printed media via the postal system. We can then arrange to send replacement parts or if this is not possible we can then arrange to collect the item(s) from you. Once the goods have been returned we will then issue a replacement within our normal delivery schedule. Please note you have a statutory duty to take reasonable care of the goods in your possession which includes packaging the goods for return to prevent further damage. The goods remain your responsibility until received by ourselves.  We cannot accept any claims for damages after 48 hours. If the product delivered is not what you ordered, or does not correspond fully with its item description and you wish to discuss this please notify us immediately. The delivery note which you sign will clearly state how many parcels should be delivered. If parcels are missing on delivery please sign the delivery note and write on the delivery note how many parcels were actually received. Please notify us within 48 hrs (2 working days) of delivery on sales@urbangardenfurniture.co.uk detailing the parcels missing. If we receive a signature on a delivery note stating that all parcels have been delivered we cannot accept any claims after this for missing parcels.  We cannot accept liability for part(s) missing if they are reported more than 7 days after delivery.

 

13. General Return Information

We will not accept returns or cancellations if the product(s) have been altered by applying chemicals or paints to the surfaces or by altering or customising the product in any way that could be deemed as you using or treating the products as your own. While in your possession, you must keep any products you intend to return to us in good condition. Products must be returned in the same condition as they were delivered and it is your responsibility to take reasonable care of these items. If products were delivered flat packed they must be returned in the same way including complete disassembly. Care must be taken to ensure the returned products are packed well to avoid damage or loss of parts in transit, the products remain your responsibility until they are received by us in an undamaged condition. Your statutory rights are not affected.

 

14. Refunds

Refunds will be processed within 30 days. Where exchange rates of currency are involved, the refund will be made in GBP at the current exchange rate. We do not accept responsibility for any loss or gain caused by changes in the exchange rate between the time of ordering and the time of issuing the refund.

 

15. General

We may assign, transfer, or subcontract any or all of our rights and obligations under these terms and conditions at any time. We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that current version. You must check the terms and conditions on the website regularly or on each visit to our site. These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and us. If any provision or terms of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court. Except in respect of a payment obligation, neither you nor Urban Garden Products Limited will be held liable for any failure to perform any obligation to the other due to causes beyond your or Urban Garden Products Limited. respective reasonable control. Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute a waiver of that obligation or right. These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999. Please note that our website is available only to individuals that can form legally binding contracts under applicable law. You must be over 18 years to purchase the Products, using the payment methods displayed on our website. If you do not qualify you may not use our website. Urban Garden Products Limited shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control. Not withstanding the any of above, Urban Garden Products Limited’s liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause. This does not affect your statutory rights as a consumer, and does not affect your contract cancellation rights. All items bought by companies or individuals for trade or resale purposes will not have any warranty other than that provided by the original manufacturer.

 

16. Notices

All communications with Urban Garden Products Limited shall be given; to us via email to sales@urbangardenfurniture.co.uk (Please note that even though an email has been sent or you have received an automated email acknowledgement is not proof that we have received or read the email. If you have had no reply within 5 days please contact us by another means). To us via post at; Urban Garden Products Ltd, 20 Long Looms, Great Barrow, Chester, Cheshire, CH3 7JL. By Telephone: 01829 740194

 

17. Modifications to Website

We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these terms and conditions. Please note that although we try to ensure that the content of our website is accurate, our websites may contain typographical errors or other inaccuracies. Photographs are for illustrative purposes only. Product colours may vary slightly due to the photographic process and computer display. Illustrations used are merely illustrations and the product may be cosmetically different but will not deter the quality and/or performance of the product. These terms and conditions replace all other terms and conditions previously applicable to the use of our website and/or sale of the product(s).

 

18. Liability

We promise that for any product you purchase from our web site: We have the right to refuse to sell or sell the product to you; The product will correspond with the advertised description E&OE ( Errors and Omissions Excepted ); and The product will be of satisfactory quality in relation to the item description and the price paid. We will not consider claims for consequential loss in relation to distress, inconvenience or disappointment. In any event liability shall be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.

 

19. Information you provide to us

The following applies to any information you provide to us, for example during the registration or ordering process. You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our suppliers, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our "Partner Companies"). If you obtain or choose to buy products from our website then we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters or other messages, then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as the "Purposes"). All such information collected by us shall be referred to in these terms and conditions as "Personal Information". You must ensure that the personal information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your personal information, please read our privacy policy. By accepting these terms and conditions, you agree to the processing and disclosure of the personal information for the purposes. If you would like to review or modify any part of your personal information then you should email us at sales@urbangardenfurniture.co.uk.  In addition, the following applies to all messages, emails, ideas, suggestions, concepts and other material submitted by you to us ("Content"): You must own or have the right to submit content for publication on our website and all content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice; You must ensure that all content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; You must ensure that the content does not advertise or otherwise solicit for funds or is a solicitation for products or services; and we have the right to monitor content and may elicit, reject, remove or change content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other content if we believe that their content is, or may be inappropriate or otherwise does not comply with the above. You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all content that you submit to us except any portion of the content that is personal information. You have sole responsibility for the content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of content submitted by you to us. You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions. All advertised sizes and measurements are an approximation but Urban Garden Products Ltd. endeavour to make sure that all are as accurate as possible.

 

20. Security

You are responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

 

21. Applicability of Online Materials

Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use. Our website is controlled and operated by us from our offices in England. Where content published on our website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content except for content which relates directly to products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it. We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately. Urban Garden Products Limited makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the products. Urban Garden Products Limited accepts no liability, to the extent permitted by applicable laws, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

 

22. Copyright and Monitoring

The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Urban Garden Products Limited, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an Order with Us or using our website as a shopping service. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.

 

23. Linked Sites

Urban Garden Products Limited makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Urban Garden Products Limited endorses or accepts any responsibility for the content, or the use of, such a website and Urban Garden Products Limited shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use or reliance on any content, products or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

 

24. Availability and use of our Website

We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or is error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an 'as is' basis and you assume total responsibility and risk for your use of our website and use of all information contained within it. We accept no liability for any indirect, consequential loss, damage or special or punitive damages, or costs, or for any loss of data, profit, revenue, business contracts (whether direct or indirect) in each case, however caused, even if foreseeable and even if we have been advised of the possibility of such damages. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. Urban Garden Products Limited. July, 2011