NeoTimber® Pergolas - Terms & Conditions

Sale of Goods Terms and Conditions

Definitions

• NeoTimber: We or us.
• Customer: Any person who buys goods or services from us for reasons beyond his trade, profession or business.
• Goods: The services and goods sold by us to you including manuals, packaging, and any other components.
• Conditions: The terms and conditions of any sale set out in this document, and any other specific terms and conditions that are agreed in writing with us.

The conditions that apply to your purchase of NeoTimber goods:

• The conditions in Section A apply to your purchase of NeoTimber goods from us, regardless if you are a consumer or not.
• The conditions in Section B only apply to your purchase of goods from us if you are not a consumer.

Section A

Making an agreement to purchase our goods

• The market is such that the specification, description, colour, and price of our goods can change.
• Our invitation to you to order goods from us is not an offer by us to sell to you goods of the specification and description at the price indicated.
• Your order is an offer to us to buy the goods of the description and specification at the price displayed. The price is only set at the time the order is placed.
• We will always aim to accept your order electronically, to buy the goods of the description and specification at the price displayed. In which case, there will be a concluded agreement between you and us.
• If it is not possible to accept your order to buy the goods of the description and specification at the price indicated, we will inform you by e-mail and offer to sell you the goods to the new price. Within the email, we will explicitly state the time period for which this offer and/or price remains valid.
• You may accept our new offer by email within the time period stated. This acceptance will be taken as a concluded agreement between us.

Delivery

• The delivery charge is not included in the price of the goods, unless otherwise explicitly stated.
• We will arrange for transportation of the goods to the delivery address stated, and the courier shall be our responsibility.
• The costs of carriage and any insurance shall be reimbursed by you and shall be due on the date for payment of the price.
• We shall advise you by email of the date when the courier has collected your goods.
• When the items arrive, we advise you to check your items and inspect them thoroughly. For any parcel deliveries please check underneath the packaging. Should you find any damaged items, mark the item as damaged on the delivery driver’s sheet or hand held terminal. We cannot accept any claims for damages if the order is signed for in good condition. We also cannot accept any claims of damages if the delivery is signed for unchecked. If there are any problems upon delivery with your order,  you need to contact our customer care team within 48 hours. You will be advised to supply photographic evidence.

Section B

Price and payment

We will not deliver any goods until you have paid for them. Your payment will be due when the goods have been allocated for dispatch. The time for payment shall be as soon as practicle once the goods have been prepared for dispatch. The price due from you is the price indicated on the website, plus an additional courier charge unless stated otherwise, and inclusive of value added tax if applicable.

Delivery

• We will endeavour to organise the collection of you goods by our courier within the time estimated for delivery.
• If we cannot do this, we reserve the right to deliver your goods within 30 days beginning with the day after the day of the agreement between us.
• If we are unable to deliver the goods to you within this 30 day time period as agreed, we will:
  •  Inform you by email;
  • Make a further offer to you by email to sell you the goods of the specification and description at the delivery time stated in the email. We will explicitly state the period for which this new offer remains valid.

Cancellation

Your rights to cancellation are set out below, and apply to any agreement between you and us.

• You have a right to cancel the agreement at any time before the expiry of a period of seven working days beginning with the day after the day on which you receive the goods, unless the item is a made to measure, a specific size or a non-regular stock item. If refused 50% of the order or the return haulage fee will be deducted from the refund.
• You may cancel by giving us notice in any of the following ways:
  • A notice in writing which you leave at our address (see above);
  • A notice in writing which you send by post to our address (see above);
  • Over a telephone call.
• If you do cancel the agreement:
  • You must return the goods to us at the address given above. We recommend that all goods should be returned via recorded delivery.
  • The goods must be returned to us complete (please note the definition of goods given above).
  • You are responsible for the cost of returning the goods to us at our address (see above).
  • You are duty bound to take reasonable care of the goods (including reusable packaging, manuals etc) until returned to us.
  • You are duty bound to take reasonable care to see that the goods are both are received by us swiftly and not damaged in transit.
  • We will reimburse any sum paid by you or on your behalf under or in relation to the agreement (not including delivery).
  • We will charge you the direct costs to us of recovering any goods supplied by us if you fail to return the goods to us.
  • We reserve the right to charge 4% of the total order value to compensate against Credit Card / Merchant Service charges absorbed by us when an order is cancelled. We may also charge 20% of the order when goods have left for delivery and have to be returned to us. You have 1 hour from delivery confirmation to cancel before any charges are applied. This cancellation may be only be done by telephone only.

Our right of cancellation

If for reasons beyond our reasonable control, we may have to cancel the agreement at any time before the goods are delivered. We will not be liable for any other damage or loss arising from a cancellation.

Cancelling of orders in transit

We reserve the right to charge 20% of the sales value or the return haulage fee charged at a rate of 60p per KG (whichever the greater) when the goods have left for delivery and must be returned to us for a refund. The above will apply and an additional charge will be levied if orders have to be redelivered, charged at a rate of 30p per KG.

Statutory rights

Your right of cancellation is in addition to your other statutory rights. The after sales service, guarantees and the voluntary code for the return of goods by you to us mentioned below does not affect your statutory rights.

Retention of title by us

• The goods shall be at your risk as from receipt of the goods. In spite of delivery having been made property in the goods shall not pass to you until:
  • You have paid the price plus value added tax (if applicable) in full; and
  • No other sums whatever shall be due from you to us.
  • In the event that payment is received by us in full prior to delivery, then title to the goods passes to you at the time of the actual delivery.
• Until property in the goods passes to you, the goods and each of them shall be held by you on a fiduciary basis as bailee for us.
• You shall store the goods (at no cost to us) separately from all other goods in your possession, and marked in such a way that they are clearly identified as our property.
• Notwithstanding that the goods (or any of them) remain our property you may sell or use the goods in the ordinary course of your business at full market value for our account. Any such sale or dealing shall be a sale or use of our property by you on your behalf. You shall deal as principal when making such sales or dealings.
• Until property in the goods passes from us, the entire proceeds of sale or otherwise of the goods shall be held in trust for us, will not be mixed with other money or paid into any overdrawn bank account, and shall be at all material times identified as our money.
• We shall be entitled to recover the price (plus value added tax) notwithstanding that property in any of the goods has not passed from us.
• Until such time as property in the goods passes from us you shall upon request deliver up to us such of the goods as have not ceased to be in existence or resold. If you fail to do so we may enter upon any premises owned occupied or controlled by you where the goods are situated and repossess the goods. On the making of such request your rights to sell, use or otherwise deal with the goods shall cease.
• You shall not pledge or in any way charge by way of security for any indebtedness any of the goods that are our property. Without prejudice to our other rights, if you do so all sums whatever owing by you to us shall forthwith become due and payable.
• You shall insure and keep insured the goods to the full price against ‘all risks’ to our reasonable satisfaction until the date that property in the goods passes from us, and shall whenever requested by us produce a copy of the policy of insurance. Without prejudice to our other rights, if you fail to do so all sums whatever owing by you to us shall forthwith become due and payable.
• You shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to our other rights, if you fail to do so all sums whatever owing by you to us shall forthwith become due and payable

Acceptance of the goods

• You will be deemed to have accepted the goods on receipt of delivery by the courier to the delivery address stated in your order.
• After this acceptance, you shall not be entitled to reject goods that are not in accordance with the terms of the contract.

Rejection of the goods

If you properly reject any goods which are not in accordance with the contract, you shall nonetheless pay the full price for such goods unless you return them to us at your own cost before the date when payment of the price is due.

Return of goods in accordance with the contract

• No goods delivered to you which are in accordance with the guarantees and agreements will be accepted for return by us without our prior written approval (in accordance with our returns authorisation procedure) and on terms to be determined at our absolute discretion.
• If we agree to accept any such goods for return, you will still be liable to pay a handling charge of (25%) of the invoice price. These goods must be returned by you to us carriage-paid and in the original packaging.
• Goods which are in accordance with the agreement and are returned without our prior written approval may at our absolute discretion be returned to you or stored at your cost without prejudice to any other rights or remedies we may have.

Variations in description or specification

We may deliver goods of a different description or specification from that agreed and as may be required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods.

Limitations upon our liability to you

• Our liability to you for any breach of contract or negligence (save and except our liability for negligence for death or personal injury) shall be limited to the price of the goods together with any expenses incurred by you in notifying us and returning the goods to us.

Choice of law and jurisdiction

• This contract is subject to the law of England, Scotland and Wales.
• All disputes arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of England, Scotland and Wales.
• If any part of these terms and conditions shall be found to be unlawful, it shall not affect the validity or enforceability of the remainder of the conditions.

Guarantees and after sales service

• We guarantee that the goods will correspond with the stated description and specification.
• We guarantee that the goods will be of satisfactory quality when delivered to/collected by the courier.
• We operate a voluntary code which appears below for the return of goods which have failed to meet your expectations.
• The terms of any manufacturer’s guarantee and after sales service will be included within the documents accompanying the goods.
• We are willing to provide advice to you in accordance with the conditions below.
• We are always prepared to offer advice about the goods and services we offer.

Voluntary code for the return of goods by you to us

• This code only applies as between you and us if you are a consumer.
• This code is intended to promote good relations between you and us.
• The code is entirely voluntary and does not affect you statutory rights.
• We recognise that goods supplied by us to you may not meet your expectations. In our experience there are many reasons why that may happen. Examples of those reasons include a defect in the goods at the point of collection.
• We are not able to establish why the goods have failed to meet your expectations without an opportunity of inspecting and testing the goods.
• In any case where the goods fail to meet your expectations we invite you to return them to us with an explanation of the problem.
• In any case where we agree that the problem has arisen because of a defect in the goods at the point of collection:
  • We will refund the cost of the goods to you if returned within 28 days of the date of delivery to you providing the goods are unused and packaged as originally supplied.
  • In any other case we will replace the goods or provide you with a credit for the cost of the goods.
• In any other case, we will try to assist you in resolving the problem.
  • Depending upon the age and condition of the goods, we may be prepared to accept the return of the goods subject to a restocking charge (to a maximum of 25%) and refund or credit the balance of the cost of the goods.
  • In every case where you return goods upon the basis that there was a defect in the goods at the point of collection we will inspect and test the goods.
  • Insofar as it may be established that there was no defect in the goods at the point of collection to you, we reserve the right to charge you £15 as a contribution towards the cost of inspecting and testing the goods.
  • Insofar as the age or condition of the goods is such that we are unable to accept their return, we will redeliver the goods to you prior to dispatch. You agree to pay to us the reasonable cost of re-delivering the goods to you.