Terms and Conditions of Supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the (Products) listed on our website (our site) smgardensheds.com to you. Please read these terms and conditions carefully before ordering any products from our site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Information about us
smgardensheds.com is a site operated by Store More Garden Buildings Ltd. (we). We are registered in England and Wales under company number 1093320 and with our registered office at Edward Merton House, Park Gate Close, Bredbury Park Way, Stockport SK6 2SZ, United Kingdom. Our VAT number is 149496814.
2. Your status
By placing an order through our site, you warrant that:
You are legally capable of entering into binding contracts;
You are at least 18 years old; and
You are resident in the UK and are accessing our site from the UK.
3. How the contract is formed between you and us
After placing an order, you will receive an e-mail from us indicating receipt of your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product is available for despatch (Order Acknowledgement). The contract between us (Contract) will only be formed when the Order Acknowledgement is received.
The Contract will relate only to those products whose dispatch we have confirmed in the Order Acknowledgement. We will not be obliged to supply any other products which may have been part of your order until the acknowledgement of such products has been issued separately.
Communications can be performed by post or fax if email is not available.
4. Our status
Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5. Consumer rights
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the products (less cost of collection) in accordance with our refunds policy (set out in clause 9 below).
If you request to cancel or delay a delivery after an appointment for delivery has been agreed and the delivery vehicle has been loaded, charges may be incurred (no greater than the cost of delivery and return).
To cancel a Contract, you must inform us in writing. You must also inform us of your wish to return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. (We strongly recommend that all returns be requested through our transport where possible.) You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
This provision does not affect your statutory rights.
6. Availability and delivery
The prices on the website include delivery except in areas subject to a surcharge.
Our standard delivery is Monday to Friday. If Saturday delivery is required, this may be arranged and there may be a further charge for so doing.
'Delivery' means kerbside delivery. (It may be that a delivery operative may assist in placing the product in the the perimeter of a property, e.g. garden, patio or driveway. This is entirely up to their discretion having regard to all hazards involved.)
Please note that all times and days for delivery are estimates given in good faith. We endeavour to deliver all products from stock in any event, within 30 days. In the event this time is extended (e.g. awaiting further supplies), we will keep you informed of an expected delivery date.
In the event that there are exceptional circumstances that cause us to incur extra charges we reserve the right to apply an additional charge.
If you place an order for delivery to an area that is subject to additional delivery charges, your order will be placed on hold and we will contact you (by telephone or email) to inform you of the additional charges. At that point, you can choose whether to continue with the order or to cancel.
We operate a kerbside delivery service only. If you have any extra requirements, kindly contact us on 0161 430 1304/6.
Your order will be fulfilled during the expected period of despatch in the Order Acknowledgment, unless there are exceptional circumstances.
You will be contacted by telephone (usually a few days prior to delivery) to make a mutually convenient appointment for us to deliver.
Upon delivery, a signature will usually be requested to acknowledge receipt.
In the event that you (or your appointed agent) cannot arrange to receive the delivery, we can arrange to deliver in your absence having made such pre-arrangement to leave the delivery in a designated area. You will be requested to leave a note of authority for the delivery driver to collect.
In the exceptional event there is no one present and no note available for the driver to collect, the driver may leave the product where he deems to be a safe place. In this instance, we accept no liability for any damage that results from leaving products in this manner.
If, in any event, a driver cannot leave the delivery at your requested delivery address and as a result, the goods have to be returned to the warehouse, a further charge will be incurred for delivery to be made a second time. In these circumstances if an order is subsequently cancelled a charge for the aborted delivery will be incurred up to £1/kg.
Please note that we strongly recommend that you do not book a contractor/fitter to assemble your product until you have received your delivery and you are satisfied that it suits your requirements.
All products are sold and supplied for self-assembly or require installation (installation charges applicable).
Installation will involve preparatory procedures. After these are completed, acceptance of an agreed installation date will imply acceptance of these terms and conditions. An additional 15 working days extension to the stated lead time will generally apply to any order for installation. This may be extended by either the installer or the customer
The published Installation Price List will be restricted to the smgardensheds.com delivery locations. Extra charges may be arranged for outlying areas.
The customer must ensure ground location is of firm and level footing with any additional materials being pre-laid in readiness. The customer must ensure that he has made adequate provision for a level base prior to installation. It is the responsibility of the customer to ensure that all measurements are accurate and that the base size is adequate for the shed.
The following options are available:
Timber Floor ( where available)
Foundation Kit (where available)
Concrete Base (allowing 7-10 days curing time)
Paving Slabs (minimum TWO INCHES)
The customer will be required to complete and sign an ‘Installation Check List’ which will accompany the order for the product
Required measurements and further advice can be obtained from smgardensheds.com Service Department, firstname.lastname@example.org or call 0161 430 3347.
The suitability of the prepared base/ground will be entirely at the discretion of the installer upon arrival.
The area should be free from overhanging obstacles (example, tree branches, power lines etc.)
The area should allow the building to be installed providing access to all sides.
In the event that the installer has to abandon installation due to lack of adequate preparation or that the installer considers the conditions to be of such a hazardous nature that their Health & Safety might be compromised, the customer may be liable for an ‘Aborted Installation Charge’, up to the price charged for a full installation and additional return charges.
The customer will not be liable for any additional cost in the event that installation cannot take place due to adverse weather conditions.
If the customer is absent at the time of installation they shall appoint a third party who has authority to confirm the successful completion of the installation. They will give notice to smgardensheds.com prior to installation and provide written authority either to Store More or directly to the installer.
The area prepared should be free from any obstruction (example, manhole covers etc.)
Accessories can only be assembled in conjunction with a building.
smgardensheds.com do not guarantee that delivery and installation will take place on the same day. If the customer insists upon this requirement, a further charge may be imposed.
In the event that delivery takes place prior to the installer arriving, the packaging must remain in tact and stored in a clean and dry location (allowing the installer an opportunity to check the contents). Missing parts will not be replaced free of charge if the package has been opened.
The customer will retain the same rights of inspection and return only before installation commences. If the customer has a reason to request dismantling and return at any time after the assembly procedure has commenced, they will be subject to our general terms and conditions for return of goods. In all instances of return, smgardensheds.com reserve the right to inspect after return to the warehouse before agreeing any refund. If this inspection concludes that the product is in such a condition that a re-sale cannot be offered, a refund may not apply.
On completion of the installation the customer/agreed third party shall sign and date an ‘Installation Note’ provided by the installer (to be returned by the installer).
Cancellation of installation by the customer can only take place without charge on a day before the agreed installation date. In the event the installation is cancelled by the customer on the day of installation, an aborted installation charge and return carriage costs may apply.
If for any reason not covered by these terms and conditions an installation cannot take place on the pre-agreed date and time, an aborted installation charge and return carriage costs may apply.
8. Risk and title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. Price and payment
The price of any products will be as quoted on our site from time to time, except in cases of obvious error. These prices include VAT and delivery costs (except in surcharged areas).
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Acknowledgement.
Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Acknowledgement, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment will be debited at the time of order through a nominated payment system.
10. Photographs and images
Photographs and images are used to represent the style of the product only.
Colour cannot be absolutely accurate and is illustrated as a guide only.
If any accessories are included in any image these may not be included in the standard model.
11. Missing parts or damage
You must inspect your delivered product and advise of any missing parts or damage, within 7 days of delivery.
Any missing/damaged parts will be sent by the best method (e.g. Parcelforce) the next day (subject to availability).
12. Our refunds policy
When you return a product to us because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5 above), we will process the refund due to you (less any collection charges) as soon as possible and, in any case, within 30 days of the collection.
When you arrange return of a product to us for any other reason (for instance, because you have notified us in accordance with paragraph 15 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the product is defective), we will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective product. Products returned because of a defect will be refunded in full, without deduction of collection charges.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We can raise an instruction to collect only from the person or business that placed the original order.
The procedure for returns will be as follows:
When you contact us, the reason for the requested return will be obtained. If there is a valid reason for dissatisfaction, e.g. parts missing or damage to the item, we will initially ask you to accept replacement parts. If you are having problems with building the product, every assistance will be offered at this point to facilitate completion.
If you insist on return, you must be aware of the following:
We cannot accept the return of goods if an attempt has been made to build the item, as it is not in the original condition in which it was delivered.
If the unit is not in its original packaging, has not been kept dry or has not been kept in a fit condition for transport, we may not collect. (These conditions are on a yellow sticker placed on the outside of every box.)
If information is given to justify collection, and the driver arrives to find that, in fact, the shed shows signs of assembly, or is unsuitable for transport, he may refuse to collect.
If after opening the packaging, the reason for return is merely ‘change of mind’ or an inability to face assembly, (and all remedial suggestions have been exhausted) providing the above conditions are met, we will collect the item, but a charge for outward and return freight will be made plus a contribution to the re-packaging costs.
Return carriage charges will only be waived if the product is proved to be faulty.
If, having inspected the contents of a package, a customer discovers missing/damaged parts and requests replacement of the said parts, once the parts have been delivered and accepted, from that point the product will be deemed to be in perfect condition.
ALL RETURNS ARE SUBJECT TO INSPECTION AFTER RETURN TO THE WAREHOUSE.
If a return is made for faulty goods, which upon inspection by the warehouse are proved not to be faulty, you may incur charges for the collection and repackaging of the goods.
If upon inspection by the warehouse, it is discovered that an attempt has been made to build any returned items or there are any other damaged parts which can reasonably be suggested were damaged whilst in your possession and it is deemed not to be faulty, you may incur charges for any or all of the following, collection, damages (replacement) and repackaging.
If the item is in such a condition that it has to be scrapped, we will inform you and seek your instructions on disposal. (In this case, no credit will be issued.)
We will advise you of any charges after inspection and these charges will be deducted before any credit is issued.
In the event that the customer requests a delayed delivery beyond our usual delivery of 10 to 15 working days, if subsequently cancellation is requested a charge of up to 50% of the purchase price may apply.
13. Our liability
We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased.
This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to
loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data, or
waste of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise;
[Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.]
14. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Store More Garden Buildings Ltd., Edward Merton House, Park Gate Close, Bredbury Park Way, Stockport, SK6 2SZ, email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act, event, non-happening, omission or accident beyond our reasonable control (Force Majeure Event). Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18. General terms
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, it will not constitute a waiver of our rights or remedies and will not relieve you from compliance with your obligations. A waiver by us of any default by you will not constitute a waiver of any subsequent default.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, the term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. Law and jurisdiction
Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.