TERMS & CONDITIONS OF SALE

 

GENERAL

 

Kitchen in the Garden is the trading name of Kitchen in the Garden Ltd (Company number: 09936235) hereafter referred to as KinG. All sale transactions are processed through Cedar Nursery, the trading name of the partnership of T.J. Sharples & C.M.M. Sharples.

 

The "Customer" as described herein is any person, company or organisation purchasing goods or services from KinG, whether in person, by telephone, by mail or online (ecommerce).

When the word ‘writing’ or ‘written’ is used in these terms, it is intended to include emails and postal correspondence. If KinG have to contact the Customer, they will do so by telephone or by writing at the email address or postal address provided to them in correspondence or when placing an order.

 

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

 

When you, the Customer, place an order with us, KinG, we do business under the following terms:

1. OUR CONTRACT WITH YOU

  1. Our acceptance of an order will take place either by confirmation in writing or when we provide the Customer with a product, at which point a contract will come into existence between KinG and the Customer.

  2. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

2. RETENTION OF TITLE/OWNERSHIP

  1. Legal ownership of any goods supplied shall remain vested in KinG, until such time that full payment of order/invoice monies has been received from the Customer.

  2. Should the Customer obtain goods without making full payment, unless otherwise agreed, the Customer accepts that KinG retains the right to demand and receive immediate settlement of all outstanding monies prior to transfer of ownership, or the Customer grants KinG unrestricted access to reclaim the goods. The saleable condition of the goods prior to any reclaim is the sole responsibility of the Customer.

3. PRICES

  1. All pricing as shown upon KinG or Cedar Nursery literature and web sites are shown in (£) GBP.

  2. Pricing shown upon KinG literature and the web site is shown as inclusive of the current prevailing rate of Value Added Tax (VAT) and will be stated as such. KinG VAT number is
    UK 253 5162 19. All pricing as shown upon any proprietary branded literature provided (such as manufacturer brochures), is given for information only and does not form part of a sale.

  3. Goods will normally be priced presuming collection from Cedar Nursery (at the address set out in 13.1). Free delivery is available for purchases over £250.

  4. Free nationwide delivery if offered is restricted to mainland Great Britain and Northern Ireland.  Prices for other destinations will be advised on request.

  5. Where delivery is charged it will be the cost price to KinG. Goods will be supplied on a non-returnable pallet or by parcel carrier, at the discretion of KinG.

  6. The Customer must advise KinG on placement of order of any access restrictions likely to constrain the type or size of delivery vehicle. Please also see 5.9 below

  7. KinG pricing is reviewed on a regular basis, revisions will be applied at any time for changes in material and manufacturer price rises or offers or promotions or promotional discounts.

  8. Prices stated on quotations issued by KinG are valid for 28 days from the date shown on the quotation.

  9. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

4. PAYMENT

  1. KinG standard payment terms are full payment with order. Where there is a delivery lead time of 2 weeks or greater, staged payments of 50% of total invoice value is due on order with the balance due immediately prior to delivery, save that bespoke and made to order items always require payment on order.

  2. Payments are only accepted in (£) GBP. Payments are only accepted by the following means; BACS (electronic banking), Visa, MasterCard, Visa Debit and Electron cards, or cash up to £1000. For customers wishing to make payment by credit card over the telephone for sums above £200 the registered card & delivery address must be the same or may be subjected to further security checks.

  3. Unless otherwise agreed, goods shall not be released until clearance of funds into Cedar Nursery bank account.

  4. Where credit terms apply, having been agreed in writing by KinG, invoices must be paid in full by the Customer within the agreed credit term.

  5. KinG reserves the right to charge interest at a rate of five percent per year above the National Westminster Bank base rate from time to time from the date that the invoice is due for payment until the date on which such payments are actually received by KinG. In the case of any default in payment The Customer shall give KinG every assistance in the repossession of the goods in respect of which payment has not been made. Where KinG requires the service of a debt collector a 15% or £100 surcharge will be added, whichever is the higher.

  6. KinG reserves the right to alter the standard payment terms for any customer if deemed appropriate, or where special terms form part of an order.

5. DELIVERY/COLLECTION

  1. KinG shall aim to fulfil all orders at the earliest opportunity, however, any time scales stated by KinG will be an estimate only.

  2. Delivery periods are provided in working days (i.e. 20 working days = 4 weeks). For the avoidance of doubt, a "working day" shall mean Monday to Friday inclusive but does not include United Kingdom public holidays.

  3. Deliveries are made on working days only, typically during the hours of 8.30am to 5.00pm, however this can vary depending on the delivery method. KinG will endeavour to give approximate delivery dates and times; however, these can only be used as an estimate and KinG can take no responsibility for failure of delivery during appraised times.

  4. The party delivering on behalf of KinG when requested shall be instructed to contact the Customer to advise a delivery date near the term of their order. This notice may vary dependant on the delivery method.

  5. Unless specifically agreed otherwise, deliveries shall be to kerbside or driveway only. It is at the discretion of the carrier or delivery driver, should they agree to transit the goods to an alternative point on the property of the Customer.

  6. KinG cannot be held responsible for delay in delivery caused by; (a) the manufacturing process, or (b) any third party, such as a contracted carrier.

  7. Should the delivery period extend beyond (whichever is longer) that published or agreed or 30 days after the date of order The Customer can cancel their order without penalty unless the product is a bespoke or made to order item.

  8. It is the responsibility of the Customer to provide free and unobstructed access for product delivery. Any failed, aborted or return delivery costs charged to KinG shall be recovered from the Customer at cost. KinG shall not be responsible for any such costs charged to the Customer.

  9. Should a ‘premium delivery service’ fail to occur on the expected date and where KinG are at fault, KinG shall reimburse the cost of the ‘premium delivery charge’. Compensation will be limited to the ‘premium delivery service’ fee paid by the Customer

  10. at the time of ordering It is the responsibility of the Customer to notify any access concerns to KinG at point of order.

  11. In the interests of Health & Safety for KinG employees or contractors, bulky or heavy products shall not be: (a) lifted over walls, fences etc; or (b) transited to other floors other than highway level on delivery, unless specifically agreed in advance.

  12. All delivered goods must be signed for (Proof of Delivery) by the Customer or their appointed representative, at which point responsibility and risk of the goods (but not title, if unpaid) shall pass to the Customer.

  13. If the Customer cannot be in attendance on delivery, prior authority and acceptance of responsibility for leaving the unattended product must be sent to
    kitcheninthegarden@landscaping.co.uk;

  14. .It is the duty of the Customer to make themselves available to be contacted prior to delivery. Should KinG or its chosen agent be unable to contact the Customer, the delivery of the order may be adversely affected.

  15. KinG is not liable for delivery delays or failures caused by factors outside of KinG control including, but not limited to, “Acts of Nature”, adverse weather conditions, road accidents, vehicle breakdown or personal illness.

 

6. CHANGES TO ORDERS

  1. If the Customer wishes to make a change to the product ordered they must contact KinG directly, who will decide if the change is possible. If KinG, at their sole discretion, consider it is possible, KinG will contact the Customer to confirm whether they wish to go ahead with the change and price implications. If KinG cannot make the change or the consequences of making the change are unacceptable to the Customer, the Customer shall be entitled to end the contract, save for bespoke or made to order goods, where KinG reserves the right to refuse cancellation of the order.

  2. KinG reserves the right to make changes in line with relevant laws and regulatory requirements. If there are any changes to the product, KinG will notify the Customer who may then contact KinG to end the contract before the changes take effect and receive a refund for any significant products paid for but not received.

7. SHORTAGES/DAMAGE

  1. It is the responsibility of the Customer to thoroughly inspect the goods at the time of delivery and only sign for the delivery if goods are delivered in good condition. Deliveries must be signed for as DAMAGED by the Customer, if appropriate, and only goods that are signed for as DAMAGED on a Proof of Delivery can be claimed for. Signing unchecked will, with the exception below, negate any future claim.

  2. Shortage or damage should be reported within 24 hours with detail, either in writing to KinG address, by email to kitcheninthegarden@landscaping.co.uk or by telephone on 01932 862473.

8. RETURN (CANCELLATION)

  1. All goods are newly manufactured for sale or to order, as described upon KinG literature and web site.

  2. A return or cancellation of supply only goods can be instructed up to 14 working days after the date of delivery, subject to the restriction in 8.3 below. It is at the sole discretion of KinG to accept returns after this date.

  3. The Customer has no right to cancel at any time should their order include a personalised requirement e.g. optional fixtures, adaptations, bespoke preferences or products made to order.

  4. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at the KinG address below, or (if they are not suitable for posting) allow them to be collected from you. Please contact us to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. It is the responsibility of the Customer to meet all product return costs, either by their own arrangement or at the direct cost levied to KinG.

  5. It is the responsibility of the Customer to retain possession and take reasonable care of the goods, until the goods have been returned to the possession of KinG.

  6. All return costs sought by KinG shall be deducted from the order monies held, thus any refund to the Customer shall be passed less this return charge.

  7. Return costs are not fixed and are based upon variables such as product and location. Typical return costs begin at £45 for a pallet.

  8. Where the Customer instructs KinG to undertake a collection and return, KinG shall notify the Customer of the return charge in writing (by email) prior to undertaking the process.

  9. KinG will not profit from any return charges received from the Customer. A return charge will always equate to the cost KinG expended

  10. Reimbursement (refund) of cancelled order monies held, less the return delivery charge defined in 8.5 to 8.10, shall be made as soon as possible. If you are a consumer exercising your right to change your mind then:

    1. If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

  11. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind. A product should be returned in its original condition, thus fit for re- sale as new.

  12. On placement of a website (ecommerce) order, you will receive an automated response including order confirmation and electronic invoice.  KinG reserves the right to cancel an order of any item prior to the delivery of the item.

 

9. QUALITY ASSURANCE

  1. If any of the goods we supply fail to perform satisfactorily due to faulty materials or workmanship, please contact us and we will work with you to deal with the problem. This would normally involve a repair, providing a replacement product or giving you a full or partial refund. Your rights, defined in the Consumer Rights Act 2015, are not affected by these terms. The images of the products on the KinG website and any printed material are for illustrative purposes only. Although KinG have made every effort to display the colours accurately, they cannot guarantee that a device’s display or print reproduction of the colours accurately reflects the colour of the products. The product may vary slightly from those images.

  2. The packaging of the product may vary from that shown in images on the website.

  3. If we are designing or supplying the outdoor kitchen to measurements you have given us you are responsible for ensuring that these measurements are correct.

 

10. LEGAL RESPONSIBILITY

Nothing in these terms of business should affect your legal rights or limit our legal responsibility, or any other liability which we cannot limit or exclude by law, including our legal responsibility under section 2(3) of the Consumer Protection Act 1987. We will not be legally responsible to you for any losses which both we and you could not expect at the time you bought the goods. If you are a trade customer, we will not be legally responsible to you for any business losses or other consequential losses.

 

11. LAW

These terms of business will be governed by English law. Any disputes will be dealt with by the English Courts.

 

12. WAIVER

Even if we delay in enforcing these terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

13. SEVERABILITY

If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

14. RIGHTS OF THIRD PARTIES

These terms are between KinG and the Customer. No other person shall have any rights to enforce any of these terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

 

15. PERSONAL INFORMATION/PRIVACY

Please see our privacy/GDPR policy found on our website. 

16. CONTACT

To contact KinG please use the following details:

Telephone: 01932 862473

Email: kitcheninthegarden@landscaping.co.uk mailto:sales@landscaping.co.uk

Address: KinG, Cedar Nursery, Horsley Rd, Cobham KT11 3JX