VERDURE LIVING LIMITED TRADING AS VERDURE OUTDOOR LIVING
CONDITIONS OF SALE
THE ORDER FORM, ANY ORDER ACKNOWLEDGEMENT WE ISSUE AND THESE CONDITIONS TOGETHER FORM OUR CONTRACT WITH YOU AND ARE BINDING ON YOU. PLEASE READ THEM CAREFULLY, CHECK YOU UNDERSTAND THEM AND THAT THEY ONLY CONTAIN TERMS YOU ARE PREPARED TO AGREE TO.
NOTHING IN THIS CONTRACT SHALL EXCLUDE OR LIMIT ANY OF YOUR STATUTORY RIGHTS WHICH MAY NOT BE EXCLUDED OR LIMITED DUE TO YOU ACTING AS A CONSUMER.
In these conditions the following words have the following meanings unless the context requires otherwise:
“Contract” means any contract between You and Us incorporating these conditions, the Order Form and any order acknowledgement issued by ”s for the sale of Products and/or the provision of the Services;
“Consumer” means any person who purchases Products and/or Services from Us not in the course of business;
“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
“Order Form” means any order form for Products and/or Services submitted by You on the Website or by post or which We complete with You over the telephone;
“Products” means any products and/or goods to be supplied by Us to You under the Contract;
“Services” means the services and/or work to be performed by Us for You under the Contract;
“Website” means the website situated at the URL www.verdureoutdoorliving.com;
“We, Us, Our” means Verdure Living Limited (company number 10373082) whose registered office is at 5 Corunna Court, Corunna Road, Warwick, Warwickshire, CV34 5HQ
“You, Your, Yours” means the person whose Order Form is accepted by Us.
- Basis Of Contract
1.1 These conditions shall govern the agreement between Us and You.
1.2 Nothing in the Contract shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a Consumer.
1.3 These conditions supersede all previous terms and conditions and shall replace any terms and conditions previously notified to You by Us.
1.4 Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Products and/or Services unless confirmed by Us in writing.
- Orders And Contract
2.1 You are responsible for the accuracy of Your order including, but not limited to, the accuracy of all information You provide in the Order Form.
2.2 You are responsible for providing Us with all and any information necessary for Us to perform the Contract.
2.3 The Contract between Us and You shall come into effect when We accept Your Order Form by issuing an order acknowledgement to You or when We start to deliver the Products and/or the Services if earlier.
2.4 We may refuse to accept any order at any time before the Contract comes into effect. Our reasons for such refusal may include, but are not limited to, if Products are not available or, if We cannot obtain Your bank’s authorisation for Your payment.
- Delivery and/or Performance
3.1 Dates and times for delivery and/or performance are estimates only and are not guaranteed. They are also subject to any matter beyond Our reasonable control.
3.2 We will use reasonable endeavours to ensure delivery and/or performance on the dates We notify to You and in any event within 30 days of entering the Contract unless of course we both agree to delivering the Products to you more than 30 days after the Contract is entered into.
3.3 We are not required to fulfil orders for Products and/or Services in the sequence in which they are placed.
3.4 Unless We confirm otherwise, the Products will be delivered by Us or Our courier. Further delivery information is available on the Website.
3.5 If You refuse or fail to take delivery of the Products (unless this is due to Our fault) then:
3.5.1 You must pay any costs reasonably incurred by Us as a result of Your refusal or failure;
3.5.2 We shall be entitled to withhold delivery of any other Products and/or performance of any other Services; and
3.5.3 We may treat the Contract as cancelled by You.
- Price And Payment
4.1 The price of the Products and/or the Services shall be: –
4.1.1 if You place Your order on the Website, the price quoted by Us on the Website at the time You submit Your Order Form on the Website;
4.1.2 if You place Your order over the telephone, the price quoted by Us over the telephone when we complete Your Order Form with You over the telephone;
4.2 Except as otherwise stated, Our prices include delivery. In certain circumstances We may charge for delivery and if We do We will confirm any applicable delivery costs at the time We receive Your Order Form.
4.3 Our prices are inclusive of any applicable VAT.
4.4 While We try and ensure that all prices quoted on the Website or quoted over the telephone are accurate, errors may occur. If We discover an error in the price of the Products You have ordered, We will inform You as soon as possible and give You the option of either 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 an order due to an error in price and We have already received payment for the Products and/or Services, You will receive a full refund.
4.5 Unless We agree otherwise, payment is due at the time You submit Your Order Form. If We do not accept Your order, We will refund You any payment made by You in respect of such cancelled order.
4.6 You must pay all sums due to Us in full by either debit or credit card. By ordering Products and/or Services You are giving Us Your consent to pass details on to Our appointed secure payment provider for the purposes of processing Your payment.
5.1 You may cancel Your order for Products at any time within 14 days following the day on which You receive such Products.
5.2 You may cancel Your order for Services at any time within 14 days following the day on which You placed Your order unless the Services start with Your agreement before the expiry of this period in which case You may still cancel the Contract but You will have to pay Us costs for Services performed up to the date of cancellation. You will not be able to cancel a Contract which You ask Us to commence before the expiry of the cancellation period and which is completed in that period. You will also not be able to cancel any orders for any Products made to Your specifications or where the Products are personalised.
5.3 To exercise the right to cancel, You must inform Us of Your decision to cancel the order by a clear statement (e.g. a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the 14 days cancellation period has expired. .
5.4 If You cancel a Contract in accordance with these conditions, we will reimburse to You all payments received from You including the costs of delivery (except for the supplementary costs arising if You chose a type of delivery other than the least expensive type of standard delivery offered by Us). We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by You. We will make the reimbursement without undue delay, and not later than:
5.4.1 14 days after the day We receive back from You any Products supplied; or
5.4.2 (if earlier) 14 days after the day You provide the evidence that You have returned the Products; or
5.4.3 if there were no Products supplied, 14 days after the day on which We are informed about Your decision to cancel Your Contract,
We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees
as a result of the reimbursement.
5.5 If You have cancelled a Contract and are returning Products already received by You to Us as part of the cancellation, You shall send back the Products or hand them over to Us at Verdure Living Limited (trading as Verdure Outdoor Living) at 25 Meer Street, Stratford-upon-Avon, Warwickshire, CV37 6QB without undue delay and in any event not later than 14 days form the day on which You communicate Your cancellation of an order to Us. The deadline is met if You send back the Products before the period of 14 days has expired.
5.6 If Your Contract relates to the provision of Services and if You requested for Us to begin the performance of Services during the cancellation period, You shall pay Us an amount which is in proportion to what has been performed until You have communicated Us Your cancellation from the Contract, in comparison with the coverage of the Contract.
5.7 Risk in the Products shall remain with You until We receive the Products from You. This means You will be responsible for care of the Products and You must bear the cost of any loss of and/or damage to the Products before We receive them from You and so You will have notify us of your intention to return prior to Products to us prior to doing so. Our returns address is Verdure Living Limited (trading as Verdure Outdoor Living) at 25 Meer Street, Stratford-upon-Avon, Warwickshire, CV37 6QB.
5.8 If You do cancel a Contract with Us, any ancillary contracts You have with Us in relation to the cancelled Products (i.e. warranties) will be automatically cancelled.
5.9 We shall not be obliged to agree to any cancellation requests submitted other than in accordance with these conditions. If We do agree to any cancellation request submitted other than in accordance with these conditions You agree to pay to us Our reasonable costs and expenses incurred as a direct result of Your cancellation.
6.1 The quantity, quality, description and/or specification for the Products and/or the Services shall be that set out on the Website current at the time of order placement and (in any case) in any order acknowledgement issued by Us.
6.2 You are responsible for checking the order acknowledgement is accurate and adequate for the Products and/or Services to be supplied.
6.3 Details and/or specifications in brochures and price lists produced by Us are intended as a guide only and only give a general approximation of the Products and/or Services.
6.4 We reserve the right to make changes to the specification of the Products and/or Services as required from time to time by law, applicable safety requirements or manufacturing requirements provided that they do not have a material adverse effect on the quality and/or performance of the Products and/or the Services.
6.5 If We do make changes to the specification of the Products and/or Services which have a material adverse effect then You shall have the right to cancel the Contract without Liability.
7.1 We may provide a specific warranty with the Products. If a specific warranty applies to the Products this will be stated on Our Website. We shall have no Liability to You under such warranty in respect of any excluded defects referred to on Our Website.
7.2 We warrant that the Services will be carried out with reasonable care and skill.
7.3 If You believe the Products and/or Services to be defective You should contact Us as soon as possible and provide Us with a photograph and description of the defect by post or e-mail to the relevant address set out in clause 12 below.
7.4 If it appears to Us that the Products and/or Services may be defective We may then ask you to return the Products to us and/or arrange to collect them from You.
7.5 You agree to follow our reasonable instructions in respect of the return and/or collection of the Products.
7.6 If You fail to make the Products available for collection in accordance with Our instructions and the collection is aborted as a result We may require You to pay Us Our reasonable costs and expenses which We incur in respect of the failed collection before We will make a further attempt to collect the Products.
7.7 If any Products and/or Services prove to be defective under any of Our warranties then We shall, at Our sole option, either repair or replace or re-perform or refund the price of such Products and/or Services. We will also refund Your reasonable postage costs if You have returned defective Products to Us at Your own expense in accordance with Our instructions.
7.8 If the Products are not defective We shall be entitled to charge You for any costs and/or expenses incurred by Us in collecting the Products and any work carried out by Us in relation to those Products.
8.1 Risk in the Products shall pass to You at the time of delivery. This means that from the time of delivery You will be responsible for care of the Products and You must bear the cost of any loss of and/or damage to the Products.
8.2 Delivery shall be deemed to occur at the time when the Products arrive at the place of delivery set out in the Order Form.
9.1 If You:
9.1.1 breach the terms of this Contract and, if the breach is capable of remedy, do not remedy the breach within 14 days of receiving notice from Us requiring the breach to be remedied;
9.1.2 persistently breach any one or more terms of this Contract;
9.1.3 provide incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
9.1.4 propose to compound with Your creditors or have a bankruptcy petition presented against You;
9.1.5 appear to Us due to the Your credit rating to be financially inadequate to meet Your obligations under the Contract; and/or
9.1.6 appear reasonably to Us to be about to suffer any of the above events then We shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 9.2.
9.2 If any of the events set out in clause 9 occurs in relation to You then:
9.2.1 We may withhold delivery of any undelivered Products and stop any Products in transit;
9.2.2 We may withhold the performance of any Services and cease any Services in progress; and/or all monies owed by You to Us under the Contract and any other contract between You and Us shall immediately become due and payable.
10.1 WE SHALL HAVE NO LIABILITY FOR INADEQUATE PACKING OR UNSECURE TRANSMISSION OF ANY PRODUCT FROM YOU TO US.
10.2 NEITHER YOU NOR WE SHALL HAVE ANY LIABILITY TO EACH OTHER FOR ANY MATTERS WHICH NEITHER YOU NOR WE COULD FORESEE AT THE DATE OF THE CONTRACT.
10.3 WE SHALL HAVE NO LIABILITY FOR ANY MATTERS WHICH WERE NOT CAUSED BY OUR BREACH OF THE CONTRACT. YOU SHALL HAVE NO LIABILITY TO US FOR ANY MATTERS WHICH WERE NOT CAUSED BY YOUR BREACH OF THE CONTRACT.
10.4 IF YOU ARE A CONSUMER WE SHALL HAVE NO LIABILITY TO YOU FOR ANY LIABILITIES YOU SUFFER WHICH RELATE SOLELY TO ANY BUSINESS UNDERTAKEN BY YOU.
10.5 NOTHING IN THIS CONTRACT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY DUE TO OUR NEGLIGENCE OR ANY LIABILITY WHICH IS DUE TO OUR FRAUD OR ANY OTHER LIABILITY WHICH WE ARE NOT PERMITTED TO EXCLUDE OR LIMIT AS A MATTER OF LAW.
10.6 NOTHING IN THIS CONTRACT SHALL EXCLUDE OR LIMIT ANY OF YOUR STATUTORY RIGHTS WHICH MAY NOT BE EXCLUDED OR LIMITED DUE TO YOU ACTING AS A CONSUMER. ANY PROVISION WHICH WOULD BE VOID UNDER ANY CONSUMER PROTECTION LEGISLATION OR OTHER LEGISLATION SHALL TO THAT EXTENT, HAVE NO FORCE OR EFFECT.
10.7 THE LIMITATIONS IN THIS CONTRACT ARE NECESSARY IN ORDER TO ALLOW US TO PROVIDE THE PRODUCTS AND/OR THE SERVICES AT THEIR CURRENT PRICES.
10.8 IF YOU REQUIRE GREATER PROTECTION THEN WE WILL AGREE TO MODIFY THE LIMITATIONS AND EXTEND OUR GUARANTEES IN RETURN FOR THE PAYMENT OF A HIGHER PRICE FOR THE PRODUCTS AND/OR SERVICES.
11.1 Please contact Us:
11.1.1 by post at Customer Services, Verdure Living Limited (trading as Verdure Outdoor Living) at 25 Meer Street, Stratford-upon-Avon, Warwickshire, CV37 6QB;
11.1.2 by telephone on +44(0)203 696 0945;
11.1.3 by e-mail at email@example.com;
11.1.4 via the website situated at the URL www.verdureoutdoorliving.com
with any queries in relation to the Contract, the Products and/or the Services.
11.3 No waiver by Us of any breach of the Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
11.5 If any provision of the Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
11.6 Neither party shall have any Liability to the other for any delay in performance.