TERMS AND CONDITIONS OF SUPPLY
It is important to read and understand these Conditions before placing your order.
Information about us
www.garden-play.com is a site owned and operated by Creative Play UK Limited, Trading as Garden Play UK Limited (we). We are registered in England and Wales under company number 2926160 with our registered office and our main trading address at Knutsford Way, Sealand Road Industrial Estate, Chester, CH1 4NS, United Kingdom. Our VAT number is GB560 0271 81.
It is prohibited to access our site from territories where its contents are illegal or unlawful. If you access this site from a location outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
By placing an order through our site, you warrant that:
you are legally capable of entering into binding contracts; and
you are at least 18 years old.
How the contract is formed between you and us
Your order constitutes an offer to us to buy Goods. All orders placed by you are subject to acceptance by us, and we will confirm such acceptance to you by e-mail (the Order Acknowledgement).
The Contract will relate only to those Goods whose order we have confirmed in the Order Acknowledgement. We will not be obliged to supply any other Goods which may have been part of your order until the order of such Goods has been accepted in a separate Order Acknowledgement.
Each order for Goods by you to us will be deemed to be an offer by you to purchase Goods subject to these Conditions.
You must ensure that the terms of your order and any applicable specification are complete and accurate.
We reserve the right to correct any typographical or clerical error or omission in any sales literature, price list, quotation, Order Acknowledgement, specification, invoice or other document or information issued by us, without any liability on our part.
Information appearing on our site or contained in catalogues, brochures or in any other publicity material is only an approximation for which we shall not be liable and may be varied or amended by us at any time without notice. All age recommendations given by us are given as a guide only. All sizes and dimensions quoted or referred to by us are approximate and you shall be solely responsible for ensuring that you have adequate and suitable outdoor space to support the ordinary use of the Goods. Photographs and images of the Goods may not be an accurate representation of the Goods. Any advice provided by us shall be provided without liability to you.
Material finishes and product colours shown on our site are for illustrative purposes only and can vary when viewed on differing computer equipment. For this reason, we cannot guarantee that your computer monitor will accurately reflect the true colour and finish of the Goods.
We reserve the right without prior approval from or notice to you to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements or which, in our reasonable opinion, do not materially affect the specification of the Goods.
All Goods are supplied on condition that you undertake at all times to take notice of and comply with all instructions, statements and recommendations issued with or relating to the Goods and to take all or any reasonable and prudent precautions as to the assembly, installation and use thereof. We shall not be liable to you or to any third party for any loss or damage which arises from your improper assembly or installation of the Goods, or from your misuse of the Goods.
All intellectual property rights in relation to the Goods and any associated designs, data sheets, packaging and literature are and shall remain (as between you and us) our sole and exclusive property and no licence (except in relation to any reasonable use for which the Goods are supplied) shall be implied.
These Conditions will be incorporated in the Contract to the exclusion of all other terms and conditions.
The Goods listed on our site are available for purchase by consumers only; you are deemed to be contracting as a consumer if you are not acting for the purposes of your business, trade or profession in purchasing Goods from us. As a consumer, you have a statutory right to cancel a Contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (without giving any reason for cancellation) at any time within the period:
beginning upon the submission of your order; and
ending at the end of 14 days after the day on which the Goods come into your physical possession or the physical possession of a person identified by you to take possession of them.
In order to cancel a Contract on the basis described in clause 5.1, you must inform us of your decision to cancel. You may inform us by means of any clear statement setting out the decision. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
You must send the Goods back to us or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this clause 5.3 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the Contract. You must pay the direct cost of returning the Goods.
If you cancel a Contract on the basis described in clause 5.1, you will receive a full refund of the amount you paid to us in respect of the order, including the cost of delivery to you.
If the value of the Goods returned by you is diminished by any amount as a result of the handling of those Goods by you beyond what is necessary to establish the nature, characteristics and functioning of the Goods, we may recover that amount from you up to the Contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a store will be “beyond what is necessary to establish the nature, characteristics and functioning of the Goods” for these purposes.
We will process a refund due to you as a result of a cancellation on the basis described in clause 5.1 within the period of 30 days after the day on which we receive the returned Goods. If we have not sent the Goods to you at the time of cancellation, we will process a refund due to you without undue delay and, in any case, within the period of 30 days after the day on which we are informed of the cancellation.
You will not have the right to cancel a Contract on the basis described in clause 5.1 in respect of:
any Bespoke Goods;
any Goods which have been assembled or installed prior to cancellation.
Furthermore, if you arrange with us to have the Goods assembled or installed, you agree that assembly or installation of the Goods by us may commence before the expiry of the period referred to in clause 5.1 and you acknowledge that if assembly or installation of the Goods does begin before the end of the period referred to in clause 5.1, then you will lose the right to cancel referred to in clause 5.1.
If you require clarification regarding the nature of the Goods which you wish to purchase, you should contact us by telephone on 01244 392 572 or by email at [email protected] for details before placing your order.
The statutory cancellation right described in this clause 5 is in addition to the rights set out in our Returns Policy at clause 9.
Availability and delivery
All Goods are offered by us subject to availability and we reserve the right to cancel any order placed by you if we have insufficient stock to deliver the Goods you have ordered.
Goods are available for delivery within the United Kingdom mainland only. Delivery is free of charge on orders over £200.00.
Goods will normally be delivered within two weeks of your receipt of the Order Acknowledgement. Arranged installation of your order may affect delivery times. Please note that we cannot guarantee specific delivery times; any dates for delivery are intended to be estimates and in no event shall we be liable for any delay in delivering the Goods, howsoever caused.
We will deliver the Goods ordered by you to the address you give us for delivery when you place your order. It is your responsibility to ensure that the delivery address is accurate and complete; you must also ensure that there will be somebody to sign for and take delivery of the Goods upon delivery.
Any attempted delivery which is refused at the delivery address or which, through no fault of our own, cannot be delivered at the delivery address will be returned to us and an aborted delivery charge of £45.00 will be applied.
If you wish to collect the Goods from us rather than having us deliver them to you, we must be notified when your order is placed. Due to the large and heavy nature of the Goods, you must ensure that you arrange for the Goods to be collected and transported in an adequately sized vehicle.
Where you request us to provide you with an installation service, you acknowledge that:
any date proposed for installation is an estimate only and is subject to change; and
we cannot guarantee the exact duration of any installation due to factors beyond our control, such as adverse weather conditions.
In the event that you are in breach of the Contract, we reserve the right to refuse to supply you with any additional Goods, or to suspend the delivery or installation of any Goods, without limiting any other remedy available to us. We may exercise this right until such time as the breach has been remedied, where such breach is remediable.
Risk and ownership
All risk in the Goods you order (including risk of loss and/or damage to the Goods) shall pass to you when they are delivered to the delivery address specified in your order.
Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of any Goods purchased by you from us, including any aborted delivery charges.
Price and payment
The price of the Goods will be as quoted on our site from time to time, except in cases of obvious error.
All prices are inclusive of any applicable UK VAT.
All prices and charges shown on our site are in UK Pounds Sterling, which is the currency in which you will be billed.
All prices are supply only and do not include assembly or installation. As part of the checkout process, you will be asked whether you would like us to provide you with an installation service at an additional cost which will be quoted to you. The price quoted for installation is based upon the assumption that we will be able to undertake the installation works in one continuous, uninterrupted operation during our normal business hours; we reserve the right to increase the price quoted for installation if works are delayed or interrupted for any reason beyond our reasonable control. Where we do not provide you with an installation service, you shall be responsible for assembling and installing the Goods in accordance with all instructions notified to you, subject to the requirements set out in these Conditions.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Acknowledgement.
It is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price we will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Acknowledgement, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
We accept payment by Visa, Mastercard and Maestro and via PayPal, Worldpay and Amazon Pay. Please enter your payment details at checkout.
We will have no liability to you in respect of any charges imposed by your bank or card issuer.
As part of the order process, security checks may be applied and your card details, including your address will be checked. This process may include passing your details to a third party fraud checking company. From time to time, we may require further details before processing your order.
Our returns policy
As you are contracting with us as a consumer, clauses 9.2-9.3 summarise your key legal rights in relation to the Goods, which are subject to certain exceptions.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of the Goods, you are entitled to the following:
up to 30 days: if the Goods are damaged or defective, then you can get a refund;
up to six months: if the damaged or defective Goods cannot be repaired or replaced, then you are entitled to a refund of up to the full amount, in most cases;
up to six years: in the event that the Goods can be expected to last up to six years then you may be entitled to a repair or replacement, or, if the Goods cannot be repaired or replaced, you may be entitled to some of your money back.
If you wish to exercise your legal rights to reject the Goods, you must return the Goods to us or allow us to collect the Goods from you. We will pay the reasonable costs of return or collection.
We also offer a 10 year guarantee on timbers; this does not cover any minor splitting which occurs due to expansion and contraction of the timber in different temperatures but which does not affect the strength of the materials. Other parts of the Goods may be covered by individual guarantees; guarantee periods may vary and you should contact us by telephone on 01244 392 572 or by email at [email protected] for further details. All guarantees will be validated upon presentation of proof of purchase, but no guarantee will be valid if the Goods have been modified, tampered with or interfered with in any way, or if the Goods have not been assembled, installed or maintained in accordance with any instructions relating to the Goods.
Your rights in clauses 9.2-9.4 are in addition to your rights to return the Goods in accordance with clause 5.1.
We warrant to you:
that any Goods purchased from us through our site are of satisfactory quality and reasonably fit for all of the purposes for which goods of that kind are commonly supplied; but
we shall only be liable to you for:
losses that are caused as a result of any breach of Contract by us (up to the value of the purchase price of the Goods you purchased); and
losses that are caused as a result of our negligence; and
we shall not be liable for any loss pursuant to clause 10.1.(b) if:
any such loss is not foreseeable. Losses are foreseeable if they could have been contemplated by both of us at the time that your order was accepted by us; or
any such loss (or any part thereof) was caused by or contributed to by your breach of any of these Conditions; and
we shall not be liable for any indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) howsoever arising and whether caused by breach of contract, negligence, or otherwise.
Nothing in these Conditions shall exclude or limit in any way our liability:
for death or personal injury caused by our negligence;
under section 2(3) of the Consumer Protection Act 1987;
for fraud or fraudulent misrepresentation; or
for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This clause does not affect your statutory rights.
All notices to us shall be in writing and shall be made either via e-mail or post to the addresses in the Contact Us section of our site. We may broadcast notices or messages through our site or contact you by email and notification by either of these methods shall constitute notice to you.
Transfer of rights and obligations
Any Contract between you and us is binding on you and us and on our respective successors and assigns.
You shall not assign or delegate all or any of your rights or obligations under the Contract without our prior written consent, such consent not to be unreasonably withheld.
We reserve the right to assign, subcontract or transfer all or any of our rights and obligations under the Contract to any person, firm or company without notice to you.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
impossibility of the use of public or private telecommunications networks; or
the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the pendency of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Conditions.
Our right to vary these Conditions
We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and Conditions in force at the time that you order Goods from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we send you the Order Acknowledgement.
Law and Jurisdiction
The Contract will be governed by English law. Any dispute arising from, or related to, the Contract shall be subject to the exclusive jurisdiction of the Courts of England and Wales.