In these terms and conditions;
“We” means GUDRUM CLASSICS LIMITED of
Newark Beacon,
Beacon Hill Office Park
Cafferata Way
Newark
Nottinghamshire
NG24 2TN
(Company Registration No. 4627032)
“You” means the person or persons so named on the order form provided on our website
1. The contract between us
We must receive payment of the whole of the price for the goods that you order
before your order can be accepted. Once payment has been received by us we will
confirm that your order has been accepted by sending an email to you at the email
address you provide in your order form. Our acceptance of your order brings into
existence a legally binding contract between us.
2. Price
2.1 The price payable for goods that you order are as set out in our website
2.2 You will be required to pay for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
2.3 All prices displayed on this web site or quoted by us in writing are in £ Sterling.
(All images used on our website are supplied by manufacturers and in some cases are general images to cover categories. For example a machine might be described as "Push" when the image show a "self propelled" machine. The description is always accurate the image may not always be so.
2.4 Price Guard Guarantee: This applies only at the "Offer" stage of purchase. It does not apply after goods have been purchased. We do not offer any retrospective Price Matching. Prior to puchase of a product: if you find a product cheaper elsewhere and can show it to us - we will endeavour to offer the product at a lower price. We are not obliged to offer at a lower price and may choose not to.
3. Rights for you to cancel your contract
3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.2 To cancel your contract you must notify us in writing quoting your order reference number.
3.3 If you have received the goods before you cancel then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost an risk as soon as possible. You may by notice ask us to collect the goods from you at your cost at the price set out in our website.
3.4 Once you have notified us that you are cancelling your contract any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation. If you did not pay by credit card you will be refunded by cheque as soon as possible and in any event within [30] days of your cancellation PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
4. Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.3 we have insufficient stock to deliver the goods you have ordered.
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.2 If we do cancel your contract we will notify you by e-mail or telephone and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. Delivery of goods to you & Warranties
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. Delivery of all Garden Buildings, Garden Furniture and any other large items will be Kerb Side. Drivers will be helpful and try to comply with reasonable delivery requirements but it should be assumed that delivery is Kerb Side.
5.2 Delivery will be made as soon as possible after your order is accepted and, unless subject to other arrangement given to you in writing. Delivery periods indicated on product pages are a guide only.
5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once any goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
5.4 In the event of any claim being made under the guarantee or owing to damage in transit: We will locate and indicate to you where your nearest / most appropriate manufacturers approved workshop is. However it is your responsibility and your expense to transport any item to and from that workshop or place of repair.
5.5 All warranties are valid for UK Domestic Use only unless stated otherwise.
5.6 All warranties are manufacaturers warranties. Gudrum Classics Ltd does not offer any additional product warranty except as required by law.
5.7 All Goods MUST BE CHECKED on Delivery. No Claim for damage during transit will be accepted unless a note is made on the delivery sheet. This sheet must be signed on Delivery of Goods and any information relating to damages must be made on this sheet, a copy of which is retained by the delivery driver.
5.8 Goods Manufactured from Timber: Timber will expand and contract according to its environment. A consequence of this is that there may be splits and cracks appearing in timber product. There may be significant variation in colour and in species of timber used in any product. Pressure treated timber may show a residue on the surface of the wood.
All issue mentioned in clause 5.8 are deemed to be part of the natural qualities of timber. Such issues are not defects and are expressly EXCLUDED from any Warranty.
Unless stated otherwise; timber products are delivered un-treated.
5.9 All Measurements are Nominal. Any stated Measurement of building dimensions is a guide only and may be subject to significant manufacturing and other tolerances. Imperial Measurements are a guide only and an approximate conversion from Metric rounded up or down to a round figure.
5.11 All colour are shown as a guide only. Colour reproduction is not accurate. Products offered as a set may not be an exact match especially where the set is manufactured from different materials ie part is manufactured from Cast Iron and part from Cast Aluminium.
5.12 Buildings and Other Structures: We do not advise on planning permission, building regulations or any other statutes that may cover any building or structure or any part therof or the location or uses of any building or structure. It is entirely your responsibility to check with the relevant authorities that any building or structure complies with any & all statutory requirements.
5.13 This website is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products for sale on this website. You expressly agree that your use of this website is at your own risk. To the full extent permitted by the applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality and fitness for a particular purpose.
We do not warrant that this website, its servers, or e-mails which may be sent from us are free of viruses or other harmful components. We will not be liable
for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
6. Liability
6.1.1 If the goods we deliver are not what you ordered or the delivery is of an incorrect quantity we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 working days of the delivery of the goods in question
6.1.2 We shall have no liability to you in the event that the goods are damaged following delivery
6.2 If you do not receive goods ordered by you within [30] days of the date on which you ordered them we shall have no liability to you unless you notify us in writing at our contact address of the problem within [40] days of the date on which you ordered the goods.
If you notify a problem to us under this condition our only obligation will be at our option:
6.2.1 to make good any shortage or non-delivery;
6.2.2 to replace or repair any goods that are damaged or defective; or
6.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose
6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.
6.4 You must observe and comply with all applicable regulations and legislation including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that you may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7. Notices
Unless otherwise expressly stated in these terms and conditions all notices from you
to us must be in writing and sent to our contact address at
Gudrum Classics Ltd.
Newark Beacon,
Beacon Hill Office Park
Cafferata Way
Newark
Nottinghamshire
NG24 2TN
or by email to
customerservices@gardenchic.co.uk
or by fax on 01636 70 83 37
and all notices from us to
you will be displayed on our website from time to time
8. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or
any delay in doing so or for any damage or defect to goods delivered that is caused by
any event or circumstance beyond our reasonable control including, without
limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or
network access, flood, fire, explosion or accident
9. Invalidity
If any part of these terms and conditions in enforceable (including any provisions in
which we exclude our liability to you) the enforceability of any other part of these
conditions will not be affected.
10.Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a
party to this agreement has no right under the UK Contracts (rights of Third Parties)
Act 1999 to enforce any term of this agreement but this does not affect any right or
remedy of a third party that exists or is available apart from that Act.
12.Governing law
The contract between us shall be governed by and interpreted in accordance with
English law and the English courts shall have jurisdiction to resolve any disputes
between us.
13.Entire agreement
These terms and conditions, together with our current website prices, delivery details,
contact details and privacy policy, set out the whole of our agreement relating to the
supply of the goods to you by us. Nothing said by any sales person on our behalf
should be understood as a variation of these terms and conditions or as an authorised
representation about the nature or quality of any goods offered for sale by us. Save
for fraud or fraudulent misrepresentation, we shall have no liability for any such
representation being untrue or misleading
14.Marketing
We do not send random marketing emails to personal email addresses (spam).
Customers have the "opt-in" option of our newsletters whereby you give your permission to receive occasional mailings from us.
If you wish to be removed from our mailing list at any time, please contact us
15.Data Protection act 1998
We conform to the Data Protection Act of 1998; we will only use the data you supply for processing your order.
We will not pass any information relating to our customers to any third party, except as so required to complete any monetary transaction through our normal chanels and to fullfil delivery from suppliers stock & through third party contracted carriers, unless required to by Law.