Terms and Conditions
Your statutory rights are not affected
Bmgardenbuildings.co.uk is operated by Taylored Investments Limited (“we”, “our”) under contract with B & M Retail Limited.Unit 288Hartlebury Trading EstateHartleburyKidderminsterWorcestershireDY10 4JB
Company Number 09458725
VAT number GB288931993
Telephone Number 0330 041 6420
These terms cover the use of https://www.bmgardenbuildings.co.uk
And any purchases made on https://www.bmgardenbuildings.co.uk
B & M Retail Ltd has authorised its trade mark to be used in conjunction with the bmgardenbuildings web site. Taylored Investments Ltd is solely responsible for all sales made through bmgardenbuildings.co.uk.
“Conditions” means the terms and conditions
“Online sales” means sales of Goods and Services conducted through the Website
“Goods” means sales of goods displayed for sale on the Website
“Services” means services displayed for sale on the website
“Users” means the users of the website collectively
“User Information” means the details provided by you on any application to buy Goods or Services from us via the Website
“We / us/ our” means bmgardenbuildings.co.uk
“Website” means the Website located at or any subsequent URL which may replace it
“You/your” means a user of the Website.
“The Company” means Taylored Investments Limited
B. Overview Of Terms & Conditions
These terms and conditions (Last updated February 2019) shall apply to the sale and supply of Garden Buildings and associated Services by ‘The Company’ to the entity hereby referred to as ‘The Customer’. ‘The Company’ means a good practice and retail compliance is primarily regulated by the “Consumer Rights Act 2015 and the Consumer Contracts Regulations 2014 (ICACS). This document contains references to the said regulations and has been supported with background information gained from the web sites of related parties, being: Department for Business innovation and skills. Any order placed by ‘The Customer’ whether in person, by telephone, by mail or online (ecommerce) shall form a legally binding contract of sale, thus whilst the below terms are extensive, they are given to define and protect the due rights of both ‘The Customer’ and ‘The Company’.
1. RETENTION OF TITLE/OWNERSHIP
- 1.1 Legal ownership of any goods supplied shall remain vested to 'The Company', until such time that full payment of order/invoice monies has been received from 'The Customer'.
- 1.2 Should ‘The Customer' obtain goods without making full payment, 'The Customer' accepts that 'The Company' retains the right to demand and receive immediate settlement of all outstanding monies prior to transfer of ownership, or the 'The Customer' grants 'The Company' unrestricted access to reclaim the goods, at which point the order cancellation process (section 7 below) shall be instigated. The saleable condition of the goods prior to any reclaim is sole the responsibility of 'The Customer'.
- 2.1 All pricing as shown upon 'The Company' literature and this web site are shown in (£) Pounds Sterling.
- 2.2 All pricing as shown upon 'The Company' literature and this web site are shown inclusive of the current prevailing rate of Value Added Tax (VAT). 'The Company' VAT number is GB288931993.
- 2.3 All pricing as shown upon any branded literature provided, i.e; manufacturer brochures, is provided for information only and does not form part of a sale. 'The Company' web site pricing shall prevail and apply at point of sale.
- 2.4 All goods as priced, except those defined in 2.5, shall be supplied free of delivery charge when delivered to addresses in mainland locations throughout England, Wales and Scotland.
- 2.5 Our 'free delivery' pricing does not apply to all products and all UK locations. Individual product pages detail the free delivery area serviced upon a product-by-product basis.
- 2.6 For orders where 2.5 applies, 'The Company' shall notify 'The Customer' of; (a) whether their location is serviceable, and (b) any extra delivery or service charges.
- 2.7 Should 'The Customer' accept our revised service and pricing offered under 2.6 the order shall be revised and proceed. If declined, 'The Company' will cancel 'The Customers' order and refund all order monies received.
- 2.8 'The Company' pricing is reviewed upon a calendar monthly basis, but revisions will be applied at any time for; (a: increases) material and manufacturer price rises, or (b: reductions) offers or promotions as defined.
- 2.9 'The Company' reserve the right to offer 'The Customer' reduced pricing should they; (a) use a voucher code, (b) offer volume incentive, or (c) offer other incentive where discretion can be applied.
- 2.10 'The Company' cannot retrospectively apply pricing changes once an order has been fully processed.
- 2.11 'The Company' cannot retrospectively apply a voucher code to an order once it has been fully processed.
- 2.12 Prices stated on pro-forma invoices issued by 'The Company' are only valid until the valid date stated on the pro-forma. Pro-forma orders where payment is received after the valid date may be rejected if the product price has changed. Upon rejection, any payment received will be duly returned.
- 3.1 'The Company' standard payment terms are full payment with order.
- 3.2 Payments are only accepted in (£) Pounds Sterling.
- 3.3 Payments are only accepted by the following means; company cheque or bankers cheque (made payable to 'Taylored Investments Limited'), BACS (electronic banking), Visa, MasterCard, Visa Delta and Electron.
- 3.4 Upon cheque-based orders, goods shall not be released until such a cheque passes clearance and the funds credit 'The Company' bank account.
- 3.5 'The Company' actively strive to prevent credit/debit card fraud. All card-based orders without exception are subjected to cardholder name, address and other security checks as deemed essential.
- 3.6 'The Company' retain the right to undertake any third party search as necessary, such as via 'The Company' card processing organisation, to satisfy that 'The Customer' card details are valid.
- 3.7 It is the responsibility of 'The Customer' to always provide their registered cardholder address when requested. Any processing delays caused by incorrect data provision will not be at the fault of 'The Company'.
- 3.8 'The Company' reserves the right to alter the standard payment terms of any customer if deemed appropriate, or where special terms form part of a package deal or offer.
- 3.9 'The Company' reserves the right to reject orders should details supplied by 'The Customer' fail to pass security checks detailed in 3.5 and 3.6.
- 4.1 'The Company' shall aim to fulfil all orders at the earliest opportunity subject to 4.3, using the distribution infrastructure provided by the manufacturer of the branded product chosen.
- 4.2 '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.
- 4.3 The delivery period will commence from point of cleared payment, thus (a) next working day upon card-based orders, and (b) clearance of funds upon cheque-based orders.
- 4.4 Delivery periods are provided in working days (i.e; 20 working days = 4 weeks), to account for the incidence of public holidays and that manufacturers transport typically operate weekdays only.
- 4.5 Deliveries are made weekdays only, typically during the hours of 7.00am to 7.00pm, however this can vary by manufacturer. 'The Company' is not able to offer timed deliveries.
- 4.6 The party delivering on behalf of 'The Company' shall be instructed to contact 'The Customer' to advise a delivery date near the term of their order. Notice may vary between 1 and 5 working days.
- 4.7 Product delivery (supply only) shall be to kerbside or driveway only. It is at the discretion of the carrier or delivery driver, should they decide to transit the goods to an alternative point upon the property of 'The Customer'.
- 4.8 As 'The Company' is not the manufacturer of the branded products, it cannot be held responsible for delay in delivery caused by; (a) the manufacturing process, or (b) third party such as a contracted carrier.
- 4.9 Should the delivery period extend beyond (whichever is longer) that published, subsequently notified or 30 days after the date of order ’The Customer' can cancel their order without penalty.
- 4.10 It is the responsibility of the 'The Customer' to provide free and unobstructed access for product delivery and subsequent usage. Any failed, abortive or return delivery charges shall be recovered from 'The Customer' at cost.
- 4.11 'The Company' products are mainly large and sectional that will not fit through a pedestrian door. As 4.10, it is the responsibility of 'The Customer' to notify any access concerns to 'The Company' at point of order.
- 4.12 In the interests of Health & Safety for 'The Company' employees, manufacturers or contractors, on delivery our bulky products shall not be; (a) lifted over walls, fences etc, and (b) transited to other floors other than highway level.
- 4.13 All delivered goods have to be signed for (POD) by the 'The Customer' or their appointed representative, at which point responsibility and risk of the goods (not title if unpaid) shall pass to 'The Customer'.
- 4.14 If 'The Customer' cannot be in attendance on delivery, prior written authority and acceptance of responsibility to leave the unattended product must to sent to [email protected]
- 4.15 'The Company' will not bear any abortive costs arising from 'The Customer' due to a failed delivery, as the delivery process is operated by each manufacturer beyond the control of 'The Company'.
- 4.16 "Expected", "Typical", "Anticipated" and "Estimated" delivery dates stated on 'The Company' website and associated literature do not imply guaranteed delivery dates.
- 4.17 It is the duty of " The Customer" to make themselves available to be contacted prior to delivery. Should " The Company" or its chosen agent be unable to contact " The Customer" the delivery of the order could be adversely affected.
- 4.18 " 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.
- 4.19 Delivery shall only be made to a registered residential or commercial address. Delivery will not be made to an allotment, Car park, waste ground etc.
- 5.1 All products are sold and supplied for self-assembly only by 'The Customer', unless otherwise stated.
- 5.2 Where an installation service option is shown and selected by 'The Customer', this service will be undertaken at the stated cost in a diligent and professional manner.
- 5.3 To ensure installation can be completed, the customer may be required to; (a) provide a concrete or paved base, being firm, square (diagonals) and level (by spirit level) - no less than the size of their chosen product, (b) ensure 600mm (2') unobstructed access is provided all around the proposed site, (c) no trees, branches or similar encroach upon the proposed site or working space, and (d) provide clear external pedestrian access (not height or turn limited) to allow unimpeded passage of the product sections or components.
- 5.4 If on arrival the base prepared by 'The Customer' does not comply to 5.3 or offer serviceable support for the product as defined by the manufacturer, 'The Customer' shall be liable for an action of their choosing as defined under 5.5 or 5.6.
- 5.5 Upon abortive installation, the product can be left for self-assembly by 'The Customer', but the erection service fee or 10% of product price (whichever is greater) shall be retained to account for the abortive labour costs. Some manufactures may also charge a revisiting charge.
- 5.6 Upon abortive installation, the product can be left until 'The Customer' provides an appropriate base, at which point a return installation visit can be arranged upon payment of an additional charge similar to that defined in 5.5. The initial fee having been retained to account for the initial aborted labour costs. (Charges can be up to 20% of the total order value)
- 5.7 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.
- 5.8 'The Company' will not bear any abortive costs arising from 'The Customer' or their privately employed labour, due to the failure of 'The Customer' to check the product as defined in 5.7, or while awaiting receipt of any missing or replacement parts.
- 5.9 See section 12.3 regarding personal injury.
- 6.1 'The Customer' shall inspect the goods and notify 'The Company' within Thirty days after the day of receipt of any shortages or damage to the said goods.
- 6.2 Shortage or damage should be reported with detail, either in writing to 'The Company' address, by email to [email protected] or by telephone. Pictures may be requested.
- 6.3 Upon approved claims within the period defined in 6.1, the manufacturer will forward the replacement parts usually within 5 to 10 working days, subject to stock level.
- 6.4 Guarantee claims made by 'The Customer' after the period as defined in 6.1, shall only be considered at the discretion of the manufacturer and not 'The Company'.
7. RETURN (CANCELLATION)
- 7.1 All goods are newly manufactured for sale or to order, as described upon 'The Company' web site. We do not retail seconds or ex-display products, thus a return should be considered unlikely.
- 7.2 A return or cancellation of supply only goods can be instructed up to 14 working days after the date of delivery (except 7.3), as defined by the Consumer Rights Act 2015.
- 7.3 'The Customer' has no right to cancel at any time should their order include any modification or bespoke requirements agreed with the customer at the order stage.
- 7.4 The statement in 7.3 is formed from the 'Exceptions to the right to cancel' as per the Consumer Rights Act 2015.
- 7.5 A return or cancellation should be made in a durable means as defined by the Consumer Rights Act 2015 being; either in writing to 'The Company' address or by email to [email protected].
- 7.6 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 'The Company'. Stated, this provision is as per the Consumer Rights Act 2015.
- 7.7 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; 'The Company', the manufacturer or a carrier appointed by either.
- 7.8 All return costs sought by 'The Company' shall be deducted from the order monies held, thus any refund to 'The Customer' shall be passed less this return charge.
- 7.9 Return costs vary depending on the value of the order. Typical return costs are between £15 - £30 with the exception of Log Cabins which could average at several hundred pounds.
- 7.10 Where 'The Customer' instructs 'The Company' to undertake a collection and return, 'The Company' shall notify 'The Customer' of the return charge in by email or telephone prior to undertaking the process.
- 7.11 'The Company' will not profit from any return charges received from 'The Customer'. A return charge will always equate to the cost 'The Company' expended.
- 7.12 Reimbursement (refund) of cancelled order monies held, less the return delivery charge defined in 7.6 to 7.11, shall be made in a period not exceeding 30 days, as per the Consumer Rights Act 2015.
- 7.13 Statute states that a product should be returned in its original condition, thus fit for re-sale as new. We shall therefore reject the return of any product where assembly has been commenced, thus rendering the product as 'used'.
- 7.14 'The Company' is not liable for damages or issues caused by factors outside of 'The Company' control including "Acts of Nature", adverse weather conditions, flooding, vandalism or accidental damage.
- 7.15 Under the Consumer Rights Act 2015, 'The Customer' has a right to reject goods that are unsatisfactory quality, unfit for purpose or not as described and to get a full refund. This right is limited to 30 days from the date 'The Customer' took ownership of the goods.
- 7.16 If an item is faulty and needs to be returned, the customer does not have to pay the postage costs for the return of the faulty item. If the customer is asked to return an item that arrived damaged, not as described or faulty, the retailer should refund the total cost of the return as per the Consumer Rights Act 2015.
- 8.1 In the event of any complaint or grievance, 'The Customer' should initially make contact by telephone on 0333 003 0518, followed by a formal email complaint to [email protected] or letter to 'The Company' address.
- 8.2 For efficient handling, 'The Customer' should state upon all correspondence; (a) their name, (b) their address, (c) their sales invoice number, (d) the product, and (e) a description of their complaint.
- 8.3 We shall endeavour to promptly resolve any complaint and/or respond with our stance. Should a response not be received within 5 working days, please send a "Second Request" for the attention of The Customer Service Manager.
- 8.4 It is the intention of 'The Company' to resolve any dispute fairly, amicably and to the satisfaction of all parties concerned at the earliest opportunity. Online Dispute Resolution (ODR) Platform - http://ec.europa.eu/consumers/odr
- 9.1 We are committed to protect and respect customer privacy.
- 9.2 We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
- 9.3 Any personal details given by 'The Customer' shall not be passed or made available to any other company, organization or third party with the exception of 10.4.
- 9.4 To enable us to efficiently fulfil your custom, 'The Customer' contact name, telephone number and address shall be passed to our manufacturers to enable direct delivery and communication.
- 9.5 'The Company' shall only use 'The Customer' telephone and email contact details when deemed appropriate and necessary to discuss and fulfil their order.
- 9.6 'The Company' will not pass to any third party the details of the subscribers of 'The Company' email newsletter.
- 9.7 Subscribers of 'The Company' email newsletter retain the right to be removed from our database at any time by selecting the 'unsubscribe' function at the base of any newsletter received.
- 9.8 'The Company' will not contact any previous customer post-sale for marketing purposes.
- 10.1 For customer security of sensitive information, 'The Company' web site operates a secure e-commerce automated payment process, approved by all UK banks.
- 10.2 'The Company' secure encrypted environment is held upon a Thawte certified secure server, operated by Sage Pay (a UK company).
- 10.3 'The Company' server facility operates to a 128bit level of encryption, the strongest commercial level of secure encryption currently available.
- 10.4 All personal data entered via this web site by 'The Customer' will always be stored or transferred using the same 128bit level of encryption.
- 11.1 All reviews placed via email or our web site shall remain anonymous. No personal contact details shall be shown.
- 11.2 As reviews are anonymous we're unable to reply, thus no order specific content should be submitted.
- 11.3 For all orders we shall issue 'The Customer' with an email 'review reminder', 40 days after transaction.
- 11.4 We retain the right to correct grammar upon any review, but not the content.
- 11.5 All reviews submitted are subject to 'Company' vetting. We retain the right to approve, disapprove or display at our discretion.
- 11.6 For continuous product improvement and monitoring, we reserve the right to forward any review to the product manufacturer.
- 11.7 To ensure we receive genuine product feedback, only 'The Customer' has the ability to submit a product review; via the 'review reminder'.
- 12.1 If 'The Customer' wishes to amend their order post-sale (i.e; after order processing), a nominal £15 'Administration Charge' shall be levied to account for the manual handling of all documentary and payment revisions in line with any post-sale 'Customer' instructions; extra-over to any material or service cost adjustments/revisions.
- 12.2 Should the product ordered by 'The Customer' become unavailable, 'The Company' reserves the right to arrange the supply of an alternative product of a similar nature and value where appropriate or to arrange a refund for 'The Customer'.
- 12.3 It is the responsibility of 'The Customer' to take reasonable care during the assembly and use of the product(s). 'The Company' shall not be held liable for any damage or personal injury caused by misadventure, negligence or misuse of the product(s).
- 13.1 These terms and conditions shall be interpreted in accordance with UK Law.
- 13.2 All sales conducted through 'The Company' are subject to these terms and conditions.