4garden.co.uk terms and conditions

Terms and conditions for sale of Goods or Services to consumers
These terms and conditions regulate the business relationship between you and us. By using Our Web Site in any way, or by buying from us, you agree to be bound by them.

No person under the age of 18 years may purchase goods and services. We look forward to seeing you again when you are over 18.

We are:codec facilities ltd trading as 4garden.co.uk
Our address is:1 west of st. laurence
old warwick road
rowington
warwickshire
cv35 7ab

You are: a visitor to Our Web Site.

1. definitions
In this agreement:

"Our Web Site" means the entire computing hardware and software installation that is or supports Our Web Site.

"Goods and Services" means any of the goods and services we offer for sale on our web site

"Content" means information in any form published on Our Web Site by us or any third party with our consent.

2. our contract with you
2.1 These terms and conditions apply:

2.1.1 so far as the context allows, to you as a visitor to Our Web Site; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods and Services

2.2 Goods and Services advertised may not be available.

2.3 We accept your order when we dispatch it to you. That is when our contract is made.

2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods and Services. It may be useful to print a copy now.

2.5 Where we provide a service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such service.

3. price and payment
3.1 The price charged for any service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.

3.2 Prices are inclusive of any applicable value added tax or other sales tax.

3.3 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

3.4 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.

3.5 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.

4. information you give us
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods and Services.

5. disclaimers
5.1 We, or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods and Services, at any time and without advance notice.

5.2 You are advised that Content may include technical inaccuracies or typographical errors.

5.3 We give no warranty and make no representation, express or implied, as to:

5.3.1 the adequacy or appropriateness of the Goods and Services for your purpose.

5.3.2 the truth of any information given on Our Web Site;

5.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;

5.3.4 compatibility of Our Web Site with your equipment software or telecommunications connection.

5.3.5 compliance with any law;

5.3.6 non-infringement of any right.

5.4 Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.

5.5 We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site.

6. content and intellectual property rights
6.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.

6.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.

6.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.

7. system security
7.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;

7.2 you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.

7.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

7.4 Examples of violations are:

7.4.1 accessing data unlawfully or without consent;

7.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

7.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";

7.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

7.4.5 taking any action in order to obtain services to which you are not entitled.

7.5 You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of:

7.5.1 any violation of system security as set out above;

7.5.2 your use of Our Web Site;

7.5.3 any other breach or violation of this agreement by you;

7.5.4 the infringement by you, or by any other user of the services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications.

8. indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

9. contractual limitation
Where we provide goods or services without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods or services.

10. severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

11. no waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

12. dispute resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

13. governing law
This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

14. force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

15. making a purchase
Making a purchase could not be easier. Just browse our Catalog, and click on any items that you wish to buy and put them into the shopping cart. After you have finished your selection, click on "Checkout" and you will be asked for a few details that we need to be able to satisfy the order.

Payments must be made in pounds sterling only and by one of the following payment methods
-major credit/debit cards as listed: Mastercard, Visa, Switch, Solo, Visa Delta
-cheques made payable to Codec Facilities Ltd. (cheques will be process through the TRANSAX cheque guarantee system.

We only accept orders from the UK.

We will process your credit card payment when you place your order. You may send your credit card information via phone, fax, post or over the Internet.

Pricing Errors on the Website
Every effort is made to ensure the accuracy of the prices on the web site but there is always a risk of human error. In the event that there is a pricing error on the website then Forsyth4.co.uk will not be bound to honour any orders made at that price and any orders received will be deemed as offers to buy and not acceptance of any offer to sell.

We reserve the right to improve, alter or modify designs without prior notification. All sizes are approximate. Colours shown on the siteare intended as a guide only.

16. shipping and handling
16.1 DELIVERY CHARGES
Free delivery for purchases over £300 within a 20 mile radius of Rowington
Free delivery for purchases over £750 to mainland UK.
Otherwise the delivery charge is £15.00 per order unless otherwise stated.

There are certain products in our catalog which do NOT permit free delivery or fit into the £15.00 delivery charge per order, these are the very heavy items, such as the Bora Bora & Sunshine barbeques, Great 8 picnic table. These products have a seperate delivery option when ordering.

16.2 SHIPPING:
Unless otherwise specified, all products must be signed for you must request any other delivery method at the time of the order, and goods will be shipped under your responsibility as defined in clause 16.3.

16.3 PASSING OF RISK:
When goods are delivered , you bear the risk, once the goods have been signed for. For other delivery methods, you bear the risk once the goods have left our or our suppliers' premises.

16.4. ACCEPTANCE
You shall inspect the goods within a reasonable time after their receipt and shall be deemed to have accepted the goods unless within a reasonable time after their receipt the you shall have notified us that the goods are rejected. (This does not however affect the customers statutory rights). If no such action has been taken, Codec Facilities Ltd shall consider the products being as described, of satisfactory quality and fit for their purposes, and may not accept any reject at a later date. You has up to seven days to cancel the order without giving a reason. With the seven days starting the day you receive the goods.

17. delivery schedule
17.1 DELIVERY DATE
Any date or period for delivery shall be considered as indicative only, although it is our policy to try to fulfil all orders within 14 days. Any products not available at the time of your order will be sent to you, as soon as possible, when received from the supplier. Codec Facilities Ltd, cannot be held responsible for delays in the delivery caused by us, or any other third party. If delivery is not within the agreed time we will, with your agreement, arrange another date for delivery. If we cannot agree another date for delivery, we offer the consumer a refund.

If for any reason you have not received delivery within 21 days, please contact our customer services team on 01564 784852.

18. back orders
If your item is not in stock at our warehouse or our supplier's warehouse & it is estimated that we will be unable to fulfil your order within 14 days, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait.
We cannot guarantee that we will be able to supply goods which are out of stock, or guarantee that they will be at the same price as displayed on the web site.

19. tax changes
For orders made from the UK 17.5% VAT is added.
We reserve the right to adjust the VAT element if this changes from 17.5%.

20. credit card security
All credit card numbers are encrypted in the software when the order is placed using 128 bit encryption. They are only decrypted after they reach our computer. They are not held in clear text on any web site.

21. guarantee
All products are guaranteed against faulty workmanship. If any item is found to be faulty, return it and we will be happy to correct the faulty part or send a replacement without charge. Upon receipt of goods, please follow carefully the instructions for assembly and advise on how to care for products.

Depravity of the weather, the products sold on this web site are for outside use, we exclude damage caused (to the product or by the product) following the actions of the weather (wind, rain, snow and sun).

All timber is liable to cracking. These cracks may appear as soon as the furniture is exposed to the elements; it will not affect the internal strength of the furniture and will stabilize over the first few years. The cracks will open and close with changes is relative humidity.

22. privacy policy
Codec Facilities Ltd do not disclose buyers' information to third parties. Cookies are used on this shopping site to keep track of the contents of your shopping cart once you have selected an item, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option.

22. returns policy
22.1 If the goods are to be rejected in the time limit set in clause 16.4 above, you shall comply with the return procedure as defined in clause 22.2, below. we will not accept any returned goods should the return not follow the aforementioned return procedure.

22.2 You must contact us on 01564 784852, and obtain a Returns Authorisation Number. This number shall be clearly quoted on the returned package. We will arrange for the package to be collected. A collection fee may apply to returns where goods are not damaged or faulty.

22.3 In cases where the goods are rejected within a reasonable time, you are entitled to a full refund or replacement. The faulty or damaged product must be returned to supplier before the refund or replacement can be issued. Refund is within 30 days of cancellation.

23. cancellations
23.1 Cancellations are only accepted if you comply with the following cancellation procedure and before the order has been dispatched. If the order has been dispatched prior to the cancellation, the return policy as defined in clause 22 (22.2 and 22.3) above will apply. If the procedure is not respected, the order will be considered valid and you will remain liable for the full payment.

23.2 Cancellations can be made us on our support line on 01564 784852. Customers will be provided with a Cancellation Reference number for them to keep for future reference or email cancel@4garden.co.uk

copyright
This web site is owned and operated by Codec Facilities Ltd
1 west of st. laurence
old warwick road
rowington
warwickshire
cv35 7ab
registration number: 1425753
VAT registration number 585091617

tel 01564 784852
email: john@4garden.co.uk

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Copyright Andrew Taylor and Net Lawman Ltd 2002. May be reproduced only for the business of a client of Net Lawman Ltd.