Garden Construction Services (GCS) website Terms and Conditions as at 20th July 2015.
We encourage you to save a copy of these Terms and Conditions of Use using the 'save as' function of your browser or to print a copy using the 'print' function of your browser.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
'Conditions' means these Terms and Conditions and the Special Conditions;
'Product' means a product displayed for sale on the website;
'Product Description' means that part of the website where certain terms and conditions in respect of the individual product are provided;
'Special Conditions' means the terms and conditions in the product description;
'Users' means you or the users of the website collectively;
'Personal Details' means the details provided by you on registration;
'We/us' means GCS;
'Website' means any GCS website located at www.garden-construction-services.co.uk or any subsequent URL which may replace it;
'Cookies' means small text files which our website places on your computer's hard drive to store information about your shopping with GCS and to identify your computer;
'United Kingdom' means England, Wales, Scotland, Northern Ireland and the Channel Islands
'UK Mainland' means England, Wales and Scotland excluding offshore locations (eg Isle of Wight, Isle of Man and Scottish Isles)
'You' means a user of this Website.
GCS may update these Terms and Conditions from time to time. Any such changes will be announced on the website (please see date of amendment). You will be responsible for reading the Terms and Conditions on each occasion you use this website and your continued use of the website shall signify your agreement to be bound by the new Terms and Conditions.
You are provided with access to this website in accordance with these conditions and any orders placed by you must be placed strictly in accordance with these conditions.
To register with GCS you must be over eighteen years of age.
You are responsible for keeping your password and actions relating to your account details confidential at all times. GCS shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
The Personal Details that you provide GCS with when you register as a customer is true, accurate, current and complete in all respects. GCS must be informed immediately of any changes to your personal details either by you accessing Your Account or emailing GCS at firstname.lastname@example.org.
Security and Privacy
Your right to privacy is very important to GCS and we treat it very seriously. We recognise that when you choose to provide us with information about yourself, you trust us to act in a responsible manner and we will do all we can to make you feel comfortable about using our site and protecting your privacy.
We store the contract's content and will send you the details of your order as well as our general terms via e-mail. You can find the terms here at all times. The details about your recent orders can be found in your customer login.
We will treat all your personal details as confidential, although we reserve the right to disclose this information in the circumstances set out below. We will retain it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation.
We will not release your Personal Details to any company outside GCS for mailing or marketing purposes.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Details and / or User Information, we are entitled to do so.
When entering any of our contests or prize draws, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email.
Proof of Identity
Where a customer makes payment by credit card or debit card and does not use the 3d secure card validation - if the cardholder's address does not match the billing address given and or where the delivery address is different to the cardholder's address, you authorise GCS to check and search credit reference files, electoral roll, telephone directory including ex-directory, sanctions and peps, mortality database and passport and driving licence algorithms, so we can verify the identity of the person making the transaction.
All rights, including copyright, in this website are owned by or licensed to GCS. Therefore you and also you agree not to assist or facilitate any third party, cannot copy, store and/or distribute its contents in whole or part, other than for your own personal or non-commercial use.
GCS reserve the right to modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website. Whether or not that product has been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun and/or change the conditions from time to time, and your continued use of the website, or any part thereof, following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the website.
By making an offer to buy a product, you specifically authorise us to transmit information, including any updated information,or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Third Party Links
To provide further value to our customers, we provide links to other websites and services for you to access at your sole discretion. GCS do not vet these websites, are not responsible or liable, directly or indirectly and do not have any control over their contents. GCS cannot accept any liability in respect of the use of these websites.
Please refer to the ‘'How to Shop at GCS’ page for information on how to place an order. All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions.
Your Personal Details may be disclosed to reputable third parties who will help process your order. Our policy requires all such third parties to treat your personal details as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation.
All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available.
All accessories, including any items offered for free, must be selected at the time of ordering to be eligible for free delivery.
The Confirmation of Order Detail stage sets out the final details of your order. After this we will send you an online confirmation and email you details of the products you have ordered. Please note that this email is not an order confirmation or order acceptance from GCS.
A full sales Invoice can be sent by e-mail upon request, a hard copy is also available for a fee.
It is the responsibility of 'The Customer' to notify any access concerns to 'The Company' at point of order.
All products are sold and supplied for self-assembly only by 'The Customer', unless otherwise stated.
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in the Terms and Conditions section below on Order Cancellation or Returns section.
Non-acceptance of an order may be a result of:
Out of stock
Our inability to obtain authorisation for your payment
The identification of a pricing or product description error
You do not meet the eligibility to order criteria.
The contract will be concluded in English. The Terms and Conditions has been governed by and construed in accordance with the laws of England and only the English courts will decide any disputes.
Under the distance selling regulations you have the legal right to cancel your order within seven working days from the day after the receipt of the goods with the exception of items made to your specification. 'The Customer' has no right to cancel at any time should their order include a personalised requirement i.e; optional fixtures, adaptations or preferences. Where goods are delivered to a third party (e.g. a gift) you will only be able to exercise this right if you are able to return to us the goods you ordered unopened and sealed in the original packaging and both undamaged and unused. For details of how to exercise this right please see our Returns section. Cancellation will be subject to deduction of any costs incurred by GCS.
If you wish to cancel your contract prior to your order being despatched or if your order has already been despatched, please follow the procedure set out in our Returns section.
Description of Products
GCS take all reasonable care in the preparation of the content of this website, in particular to ensure that details, descriptions and prices of products on the GCS is website are correct at time of publishing and all products have been fairly described. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy within the Order Process section of the Terms and Conditions.
Orders will only be accepted if there are no material errors in the description of the goods or their price as advertised on this website. We have made every effort to display as accurately as possible the colours of our products that appear on the website. The actual colours you see will depend on your monitor; we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery as colour and finish of any product may be subject to minor variation depending on the availability of supplies.
To the extent permitted by applicable law, GCS disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. All sizes quoted are approximate. GCS shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website. GCS reserves the right to amend the specifications. All illustrations, photographs and other information are intended as a guide only and do not form part of a contract.
Some of the products may be made from wood or other natural materials unlike steel or plastic or other man made materials are affected by its environment. Also each piece of timber will have grains and knots which will vary. These variations can absorb treatment and react to the atmosphere differently.
Some splitting of the timber may occur as it expands and contracts with changes in humidity and temperature, knots may also fall out, this is perfectly natural and does not affect the integrity of the product and does not class as a damage unless it makes the building unfit for purpose.
We take full payment from your card at the time you place your order, unless we state otherwise on the product page or in direct communication with you. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
For payment methods see our section on Checkout and Payment.
You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
All prices include VAT where applicable at the current rates. For delivery charges refer to our section on Delivery.
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.
This website is only for delivery of products to customers in the UK mainland. We may not be able to deliver to some offshore locations and there may be an additional delivery charge for some locations ie Northern Ireland, the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands. We cannot deliver to BFPO addresses or the Republic of Ireland.
Delivery charges and estimated timescales for delivery are shown against all products you will also be notified of delivery times when you place an order. We make every effort to deliver items within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. GCS shall be under no liability for any delay or failure to deliver the products within our estimated timescales. We reserve the right to charge for delivery in the event that incorrect information is provided by the customer to GCS resulting in a re-delivery of your order or replacement parts.
Where an 'express delivery service' is selected, which is not available on all products, it is the responsibility of 'The Customer' to provide working daytime contact telephone number. Failure to do so may result in delays to the expected delivery. The 'express delivery service' is subject to real-time stock levels at our manufacturers. Should 'The Company' be unable to provide the 'express delivery service' due to low stock levels, the 'premium delivery service' fee shall be refunded to the customer.
On products where the customer is given the option of Requesting a Delivery Date, the date is not confirmed until the customer is contacted by the delivery team to confirm the date of delivery.
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order and the customer shall notify GCS of any difficulties affecting access for delivery and GCS reserves the right to implement an additional charge accordingly.
It is the duty of 'The Customer' to make themselves available to be contacted prior to delivery. Should 'The Company' or its chosen agent is unable to contact 'The Customer' the delivery of the order will be adversely affected. Non-branded products can be left without The Customer being present on the day of delivery either by prior arrangement with The Company or by The Customer leaving a signed note for the delivery driver on the day of delivery.
The Company' shall aim to fulfil all orders at the earliest opportunity subject using the distribution infrastructure provided by the manufacturer of the branded product chosen, unless subject to other arrangement given to you in writing. 'The Company' delivery periods as published are given in good faith and are anticipated, based upon manufacturer guidance. Delivery can occur sooner or later than the anticipated timescales. 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:
To make good any shortage or non-delivery.
To replace or repair any goods that are damaged or defective.
To refund to you the amount paid by you for the goods in question in whatever way we choose.
Risk of loss and damage of products passes to you on the date when the products are delivered on or on the date of first attempted delivery by us.
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) whatsoever 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 as stated in the Terms and Conditions. For more information about deliveries, please refer to our Delivery section
'The Company' is not liable for delivery delays or failures caused by factors outside of 'The Company' control including "Acts of Nature", adverse weather conditions, road accidents, vehicle breakdown or personal illness.
Shortages / Damages
'The Customer' shall inspect the goods and notify 'The Company' within seven days after the day of receipt of any shortages or damage to the said goods.
Shortage or damage should be reported with detail in writing to 'The Company' address, by email to email@example.com.
Upon approved claims within the period defined, the manufacturer will forward the replacement parts usually within 5 to 10 working days, subject to stock level.
Guarantee claims made by 'The Customer' after the period as defined, shall only be considered at the discretion of the manufacturer and not 'The Company'.
All statements made relating to guarantee periods are to be honoured by the relative manufacturer. 'The Company' shall assist with any guarantee claim but shall not bear responsibility.
We reserve the right to decline any replacement request should damage or mis-use of the product have occurred upon 'The Customer' property or during self-assembly.
'The Company' will not be liable for any costs incurred by 'The Customer', should they fail to inspect and satisfy themselves that the product is sound and complete prior to self-assembly.
Replacement(s) for shortages or damage reported on 'Express delivery service' orders would be arranged using the 'Standard' delivery. The initial service charge will be retained to account for the initial delivery service.
We offer a money back guarantee within the terms and conditions expressed in the Order Cancellation section. Refunds and returns must be made in writing by email/fax or post to GCS within seven days.
Substitution of Product
We reserve the right to substitute goods or packaging of equal quality and value. We will reimburse you for the cost of returning substitute goods that you do not wish to accept.
Installation of Product
For supply only orders, the customer should not arrange or commence any erection service privately until they have received their product and have fully checked that their product is both complete and sound. GCS will not be liable for any economic losses or claims (including without limitation loss of revenues, data, profits, expenses, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses due to any fitters and contractors not being able to continue installation as a result of missing, damaged, non-delivery or incomplete delivery of goods ordered from GCS.
Where GCS provide details regarding installers or where you use your own installer the contract is between you and the installer. Therefore we cannot accept any liability for claims arising from installation of products purchased from us, and in the event of any queries or problems arising from work carried out by the installers, customers must contact the installer concerned
Any disclaimers and exclusions of liability in these Terms & Conditions shall not apply to any damages arising from death or personal injury caused by the negligence of GCS or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
You agree fully to indemnify, defend and hold us, and our officers, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your Personal details.
The customer shall ensure (at the customer’s own expense) that all planning permissions, building regulation consents and other necessary approval are obtained.
We will not release your Personal Information to any company outside GCS for mailing or marketing purposes.
If any part of these Terms and Conditions is found to be unenforceable as a matter of law, all other parts of these terms and conditions shall not be affected and shall remain in force.
If the goods we deliver are not what you ordered or are damaged or defective 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 seven working days of the delivery of the goods in question.
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. Certain national laws may prohibit the importation or exportation of certain of our goods to you. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
These Terms and Conditions do not affect your statutory rights.
GCS thank you for your time in reading the above Terms and Conditions and wish you an enjoyable Internet Shopping Experience.