TERMS AND CONDITIONS
Please do feel free to contact us at any time during the order process. We are here to help make your shopping experience with us even easier.
Last updated June 2020.
Seller/Us/We means Garden House Design, the trading name of Touch of Magic Limited, and/or Garden House Design Ltd, both located at; 4 Roundstone Barn, Roundstone Farm, Littlehampton Road, Worthing, West Sussex, BN12 6PW.
Buyer/Customer/You means the person or company to whom this document is addressed/user of the website.
The Company's website - www.gardenhousedesign.co.uk.
Company Registration Numbers - UK 2961256 & UK 2971256
Registered Address - 38 Salisbury Road, Worthing, West Sussex, BN11 1RD
These terms and conditions are applicable to the supply of products made by the Seller to the Buyer hereafter referred as the Customer.
All information including pricing is correct at the time of publishing.
All items are subject to availability.
Every effort is made to ensure the representation of products, via description, imagery and price is accurate. However, please note that any details and/or specifications of the Goods produced by us (including but not limited to any photographs of the Goods) are intended as a guide only and only give a general approximation of the Goods. For example, the actual colour of the Goods may vary from the colour in the accompanying photograph depending on your monitor display, or the quality of the photo we have available.
We reserve the right to refuse orders.
- PRICE & PAYMENT
All prices are quoted in Pounds sterling and are inclusive of VAT at the current rate, unless otherwise specified. Our VAT Numbers are: 824 8009 34 & 166 8380 74
The price you pay is the price displayed in respect of the relevant Goods on this Website at the time we receive your order plus the applicable delivery charges.
Delivery charges and prices are subject to change. Additional delivery charges may apply, please see individual items for details.
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 the Goods you have ordered we will inform you as soon as possible and give you the option of either 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 an order due to an error in price and we have already received payment for the affected Goods, you will receive a full refund.
We use a third party payment processor, SagePay, to take payment for the Goods by debit or credit card. By ordering Goods from our Website you are giving us your consent to pass details essential for purchasing Goods to SagePay. We will not store these payment details however SagePay may store them.
Payments must be made in Pounds sterling only, unless otherwise specified, and by one of the following payment methods - Major credit cards as listed: MasterCard, Visa, Switch, Solo, and Visa Delta, American Express by request.
If you wish to make a change to the Goods you have ordered please contact us at email@example.com . We will let you know if the change is possible. If it is possible, we will let you know about any consequential changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
We currently charge £4.95 for all orders under £100.00. Over £100.00, most deliveries are free of charge, apart from those that may require forklift or hiab offloads, or where the manufacturer passes on their delivery charges. Please ask for a quotation. These rates apply to all UK mainland addresses. We only use courier services to ensure the very best delivery to our valuable customers. These rates do not include Saturday delivery or timed deliveries. Please contact our offices if you have any special delivery requests on 01903 774-774.
We shall not be required to fulfil orders for Goods in the sequence in which they are placed. We will also only deliver orders if all of the Goods in an order are available. We are not required to deliver orders in instalments.
Any products not available at the time of your order will be sent to you, as soon as possible, when received from the supplier. We, cannot be held responsible for delays in the delivery caused by an external supplier, or any other third party.
We are not responsible for delays outside our control. If our supply of the Goods is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If delivery is not made within the agreed time we will, by agreement, arrange another time for delivery.
If no one is available at your address to take delivery, the courier will leave you a note informing you of how to rearrange delivery or to collect the products from a local depot.
If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and you may be charged for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
The Goods will be your responsibility from the time we deliver, or first attempt to deliver, the Goods to the address you gave us.
The Customer shall inspect the goods for fault/damage etc at the time of their receipt and shall be deemed to have accepted the goods unless within 24 hours of receipt the Customer shall have notified Us, in writing by email that the goods are rejected. When rejecting goods you must supply photographic evidence of the fault or damage. The best email is firstname.lastname@example.org. This does not affect the customer’s statutory rights. If no such action has been taken, We shall consider the products being as described, of satisfactory quality and fit for their purposes, and may not accept any rejection at a later date.
No right of cancellation, refund or return exists under Distance Selling Regulations once you have used a product, unless the product is defective and you are returning it for this reason.
Goods that are sealed or shrink-wrapped and this is removed can only be returned if they are defective.
If goods are delivered by carrier by signing the delivery document you are accepting that there are no discrepancies or damaged goods. You must check the consignment thoroughly before signing.
The Customer has up to seven days to cancel the order without giving a reason (please note this does not apply to custom or bespoke items). With the seven working days starting the day the customer receives the goods.
Your rights to end the contract
Your rights if you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:
(a) If what you have bought is faulty or incorrect you may have a legal right to end the contract (or to get the Goods repaired or replaced or to get some or all of your money back), see faulty goods section and incorrect goods section below;
(b) If you have just changed your mind about the product, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods, see the section below titled ‘Changing your mind about your order’.
(c) If you want to end the contract because of something we have done or have told you we are going to do, see the section below titled ‘Ending the contract because of something we have done or are going to do’
To cancel or change your order, you can email us at email@example.com with your instructions, entering the words ‘Order cancellation’ in the subject title.
If you end the contract for any reason after Goods have been dispatched to you or you have received them, you must return them to us. You must either post the Goods back to us or (if they are not suitable for posting) we will be happy to advise you of suitable courier companies you can commission yourself to return the goods, or we can arrange collection of them from you. Please note that the full cost of return will be the responsibility of the Customer/You. Please contact firstname.lastname@example.org. If you are exercising your right to change your mind you must send off the Goods within 14 days of telling us you wish to end the contract. You must take reasonable care of the items whilst they are in your possession and you must not use them. Please return the
Goods to us in their original packaging, quoting the order reference number. We advise that you return any Goods using registered post in order to ensure their safe return.
We will refund you the price you paid for the Goods (including delivery costs in some cases), by the method you used for payment. If you have exercised your right to change your mind, we reserve the right to make a deduction from the amount of any refund for loss in value of the Goods returned or where the Goods show signs of unreasonable use. A restocking fee may apply.
We will pay the costs of return if the Goods are faulty or incorrect, in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
If you discover the Goods are faulty, you must notify us of the defect within 24 hours of the date of delivery or within a reasonable period of time of discovery (if the defect was not readily apparent).
We may inspect the Goods, either by:
(a) asking you to return the Goods to us; or
(b) by sending a nominated person to inspect the Goods in your possession to assess whether the Goods are faulty.
If we agree with you that the Goods are faulty, and that the fault was not caused by your neglect or misuse of the Goods, or fair wear and tear, we will (depending on the circumstances) replace, refund or repair (if possible) the faulty Goods at no cost to you. We will refund any reasonable costs you prove that you have incurred in returning the faulty Goods to us. We recommend that you keep postal receipts for this purpose.
If we send you incorrect Goods, you must notify us as soon as you discover the mistake and within a reasonable period of time. We will either:
(a) arrange for a carrier to collect the Goods from you; or
(b) ask you to return the Goods to us by post or courier at our cost.
We will then either:
(a) send you the correct items as soon as possible after receipt of the returned Goods; or
(b) refund the price of the Goods and delivery.
Ending the contract because of something we have done or are going to do
If you are ending a contract for any of the reasons detailed below the contract will end immediately and we will refund you in full for any Goods which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the Goods or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) you have a legal right to end the contract because of something we have done wrong.
Changing your mind about your order
If you have changed your mind about your order, you may cancel your order in accordance with your legal rights under the Consumer Contracts Regulations 2013.
For most Goods bought online, you have a legal right to change your mind within 14 days of delivery of the Goods to you and receive a refund. Please note however that the goods must not have been used and must be returned in the original packaging to the address advised.
For goods not purchased online, we may at our discretion accept the return goods, however, a restocking fee maybe charged up to 20% of the order value, and return carriage to the point of despatch will be charged. Please note the return address will most probably be to the supplier's warehouse which is not necessarily our office address.
The only expection to this is bespoke or pre-sealed items.
- RETURN PROCEDURE
If the goods are to be rejected in the time limit set in clause 5 above, the Customer shall comply with the return procedure as defined below. We will not accept any returned goods should the return not follow the return procedure.
The Customer must contact Us on 01903 774-774 and obtain a Returns Authorisation Number (RAN). This number shall be clearly quoted on the returned package. In some instances, We may arrange for the package to be collected. A collection fee may apply to returns where goods are not damaged or faulty.
Under the Distance Selling Regulations, if you buy online or by phone, your consumer rights entitle you to a full refund if you request one in writing within 14 days of receipt.
Unless faulty or not as described, we cannot refund or offer an exchange on personalised or made-to-measure products.
In cases where the goods are rejected within a reasonable time, the Customer is entitled to a refund or replacement. The faulty or damaged product must be returned to Us before the refund or replacement can be issued. Refund is within 30 days of cancellation.
We will be pleased to offer an exchange or refund once the rejected Goods have been received and checked. Please note, we cannot refund used or customer damaged goods. Original delivery charges are non-refundable on unsatisfactory or unsuitable items. We can organise collection at an extra cost. Returns are the customer's responsibility until received by us. We advise that you should send any return items via registered post as we cannot be responsible for returned goods not received in the post. If for any reason you find goods to be faulty upon arrival, please notify us immediately and we will offer a full refund or replacement, and help with you returning said items.
Last updated May 2019.
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