Playdale Garden Terms and Conditions
In these conditions:
The customer seeking to purchase the Goods from the Company shall be referred to as "you/your".
The "Company/we/our" shall mean Playdale Playgrounds Limited.
The "Contract" shall mean any contract of Goods or Services made between the Company and the Customer.
The "Goods" shall mean the products and services sold by the Company.
By using this Playdale Garden website and/or placing any orders, you are deemed to have read and agreed to the following Playdale Garden Terms and Conditions. Your Statutory Consumer Rights are unaffected. You cannot proceed with your purchase until you have read and agreed to these Playdale Garden Terms and Conditions. These conditions relate to sales from our www.playdalegarden.co.uk website. Separate terms and conditions apply to purchases made by any other methods/sources with our company. The contract made by you on-line with us incorporates these Playdale Garden Terms and Conditions, which shall prevail over any and all terms and conditions proposed by you.
1. Description and Price of Goods
1.1 The prices shown on our Playdale Garden website are in Pounds Sterling and include the current rate of VAT.
1.2 The description and price of the Goods or Services ordered will be as shown on the Playdale Garden website at the time of order.
1.3 Every effort is made to ensure that prices shown on the Playdale Garden website are accurate. If an error is found that affects your order, we will inform you as soon as possible and will offer you the option of reconfirming your order at the correct price, or cancelling your order. If you cancel your order, we will re-credit sums debited from your credit/debit card.
1.4 Some items on this Playdale Garden website are very large. We provide detailed information on product dimensions on our Playdale Garden website, please read this information carefully and make sure you are buying a product that is suitable for your garden.
1.5 Playdale Playgrounds Ltd reserves the right to alter prices and specifications without prior notice.
1.6 Age recommendations where stated are intended as a guide only.
2. How to Order
2.1 Orders should be placed using our website www.playdalegarden.co.uk
2.2 If you are unable to place an order online yourself, please call 015395 39822 during office hours to place your order over the phone.
3. Payment and Security
3.1 Payment in full is required by way of credit/debit card when ordering goods and/or services from the Playdale Garden Website.
3.2 Credit card information is transmitted from the Customer to Playdale Playgrounds Ltd using Sage Pay. We do not store any credit card details for future use.
4. Acknowledgement and Acceptance of your Order
4.1 Once you have confirmed your Order, you will receive an Order Acknowledgement and a Successful Payment Advice both via e-mail.
5. Out of Stock Items/Availability
5.1 The goods and/or services are subject to availability.
5.2 If on receipt of order the goods and/or services are not available, Playdale Playgrounds Ltd will inform you as soon as possible so that an informed decision can be made as to whether you want to wait for the item that you have ordered, change your order to an item that is in stock or cancel your order completely.
5.3 If you wish to cancel your order any sums debited from your credit/debit card will be refunded.
6. Cancellation by you before goods are despatched
6.1 Your order can be cancelled up to the point of despatch.
7. Cancellation by you after goods have been despatched
7.1 You have 7 days from delivery to cancel your Contract in writing. Please refer to our Returns Policy for more information.
8. Cancellation by Us
8.1 Playdale Playgrounds Ltd reserves the right to cancel the contract if:
8.2 If Playdale Playgrounds Ltd cancel your contract you will be notified by e-mail and provided with a refund within 30 days for the original invoice value.There will be no compensation for direct or indirect costs.
9. Delivery Charges
9.1 Please
refer to the Delivery section of our Playdale Garden website.
10. Delivery
10.1 Playdale Playgrounds Ltd are only able to deliver online orders to you if you have a permanent address on the UK Mainland and UK Isles.
10.2 Quoted delivery times apply to working days only.
10.3 Playdale Playgrounds Ltd will endeavor to fulfill your order in 3-5 working days using either a courier service or a Playdale delivery vehicle.
10.4 For all orders - any changes made to the content of your order will have an impact on your delivery date. Playdale Playgrounds Ltd would be unable to deliver your goods in 3-5 working days should changes occur.
10.5 If an item has been despatched, we cannot change the order.
10.6 Playdale Playgrounds Ltd make every effort to deliver goods and/or services within the estimated timescales, however, delays are occasionally inevitable due to unforeseen factors. Playdale Playgrounds Ltd shall be under no liability for any delay or failure to deliver the goods and/or services within estimated timescales.
10.7 You must advise us if there are access difficulties.
10.8 Playdale Playgrounds Ltd cannot be held responsible for any damage made to any property by the delivery company. It is your responsibility to contact the delivery company directly.
10.9 Failed delivery on an agreed date due to no one being available at the delivery address may attract a redelivery charge.
10.10 If our carriers accidently damage goods in the course of delivery our liability for that damage is limited to the repair, replacement or refund of the goods or the value thereof.
10.11 Delivery will be made to the front door of the address.
10.12 Title of the Goods and Risk in the Goods will then be with you.
11. Assembly
(This clause shall apply only when you require Assembly of the Goods within the Contract)
11.1 Any date quoted for commencement or completion of an assembly is an estimate only.
11.2 Playdale Playgrounds Ltd shall not be liable for any failure to meet any such estimate nor for any loss, whether financial or otherwise resulting directly or indirectly therefrom.
11.3 The time for completion of an assembly shall not be of the essence.
11.4 Any price quoted for an assembly is calculated on the basis that the work will be carried out continuously during working hours. In the event that the work is delayed by interruptions or any other cause whatsoever or by your own instructions or lack of instructions we shall be entitled to charge a reasonable amount for any extra cost incurred. In addition, if you delay the assembly we reserve the right to charge storage.
11.5 Playdale Playgrounds Ltd shall notify you when the assembly has been completed. The assembly is deemed to be complete if the Goods are fit for use notwithstanding minor omissions or defects.
11.6 You shall indemnify us against all costs and claims arising from damage or injury to persons or property occurring during the course of the assembly unless such damage or injury shall be proved to have been caused solely by our negligence, our staff or subcontractors.
12. Return
12.1 Please refer to our Returns Policy.
13. Faulty/Damaged Goods
13.1 In the unlikely event that your delivery is incorrect or faulty we require you to notify us within 48 hours of receipt. At our discretion we may then do one of the following:
14. Privacy Statement
14.1 You acknowledge and agree to be bound by the terms of our Privacy Policy.
15. Confidentiality
15.1 Playdale Playgrounds Ltd are registered under the Data Protection Act 1998 and as such, any information concerning you and your respective Records with Playdale Playgrounds Ltd may be passed to third parties. However, your records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities.
15.2 You have the right to request sight of, and copies of any and all of your Records that we keep, on the proviso that we are given reasonable notice of such a request.
15.3 You are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue you with appropriate written information, hand outs or copies of records as part of an agreed contract, for the benefit of both parties.
15.4 Playdale Playgrounds Ltd will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail.
15.5 Any e-mails sent by Playdale Playgrounds Ltd will only be in connection with the provision of agreed services and products.
16. Accuracy of Content
16.1 Playdale Playgrounds Ltd use reasonable endeavors to maintain accuracy of our Playdale Garden website but no warranties or representations are given as to the correctness, accuracy or reliability of the Playdale Garden website or otherwise.
16.2 Playdale Playgrounds Ltd reserves the right to change our Playdale Garden website and to amend these Playdale Garden Terms and Conditions of usage from time to time without notice.
17. Disclaimer Exclusions and Limitations
17.1 Playdale Playgrounds Ltd do not charge for access to our Playdale Garden website. You must, however, pay for the cost of your own communications link used to access the site.
18. Log Files
18.1 Playdale Playgrounds Ltd use IP addresses to analyse trends, administer the site, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
18.2 For systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
19. Cookies
19.1 Like most interactive websites the Playdale Playgrounds Ltd Garden website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
20. Links to/from this Website/Damage to your Computer
20.1 Playdale Playgrounds Ltd or any other person included in the creation, production or delivery of this Playdale Garden website is not liable for any direct, indirect, special, incidental or consequential damages arising from your access, use or inability to access or use this Playdale Garden website.
20.2 Playdale Playgrounds Ltd shall not be liable for any damage to or viruses which may infect your computer or other equipment on account of your access, use or browsing of the Playdale Garden website or downloading of any material from it.
20.3 Nothing in these conditions shall exclude or limit the liability of any party for personal injury or death arising from its negligence or for fraud.
20.4 Any communications transmitted by you to Playdale Playgrounds Ltd, by e-mail or otherwise, shall be non-confidential and non-proprietary.
20.5 Anything transmitted by you to Playdale Playgrounds Ltd may be used for any purpose provided that personal information shall be used strictly in accordance with the Companies Privacy Policy.
20.6 Playdale Playgrounds Ltd may use any ideas, concepts, know-how or techniques contained in any communication which you send to us for any purpose whatsoever, no responsibility for the contents of any off-site pages or any other sites linked including but not limited to developing, manufacturing and marketing products using such information.
20.7 Playdale Playgrounds Ltd have not reviewed all sites linked to our Playdale Garden website and accordingly we accept no responsibility for the contents of any other sites linked to the Playdale Garden website. The inclusion of a link to any other site does not imply that we endorse any such websites. Your linking to any other off-site pages or other sites is at your own risk.
21. Copyright Notice
21.1 Copyright and other relevant intellectual property rights exist on all text relating to our services and the full content of this Playdale Garden website.
21.2 All rights, including Copyright, found in this Playdale Garden website are owned or licenced to Playdale Playgrounds Ltd.
21.3 Any use of this Playdale Garden website or its contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the written permission of Playdale Playgrounds Ltd.
21.4 You may not modify, distribute or re-post anything on this Playdale Garden website for any purpose.
21.5 You agree to use this Playdale Garden website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Playdale Garden website, by any third party.
21.6 No part of this Playdale Garden website may be reproduced or transmitted, in any form, for any other purpose.
22. Force Majeure/Events beyond our control
22.1 Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any act of god, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
22.2 Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
23. Waiver
23.1 No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
24. Title and Risk
24.1 You shall obtain all and any necessary consents required to fulfill the Contract including (without prejudice to the foregoing) any governmental consents prior to entering into the Contract.
24.2 Risk in the goods pass to you at the time of delivery or, if you fail to take the delivery at the agreed time, the time when we tried to deliver.
24.3 Title of the goods will only pass to you once they have been successfully delivered.
24.4 Guarantees are not transferable and are only valid with a proof of purchase. Guarantees will be invalid if a unit has been modified by the customer. Guarantees may also be invalid should the unit not be assembled in accordance with our Assembly Instructions.
24.5 All guarantees cover failure arising from material or manufacturing defects. Normal wear and tear or damage caused by misuse are not covered by our guarantees.
25. Ownership of Rights
25.1 The contents of these pages are owned in full by Playdale Playgrounds Ltd Company Number 525615 whose registered office is at Haverthwaite, Ulverston, Cumbria LA12 8AE.
26. Third Party Rights
26.1 Playdale Playgrounds Ltd does not warrant or represent that use of material displayed on this Playdale Garden website will not infringe rights of third parties.
27. Limitations of Liability
27.1 Except where expressly contained in this Contract, all warranties, conditions, undertakings and representations, expressed or implied, statutory or otherwise, are excluded and the Company has no obligation, duty or liability in Contract, tort (including negligence or breach of statutory duty) or otherwise.
27.2 In any event, the Company's liability arising for any reason in connection with this Contract shall be limited to the original invoice value of goods.
27.3 Notwithstanding the foregoing, nothing in these Playdale Garden Terms and Conditions is intended to limit any rights you might have as a consumer under the applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
27.4 The customer is responsible for observing and complying with all applicable regulations and legislation which affect the purchase and subsequent use of the goods.
27.5 You must follow the manufacturer's assembly instructions at all times. Our products are sold for domestic use only. We will not be liable for your failure to adhere to these instructions, your negligence, incorrect assembly, incorrect use including non-domestic use, vandalism or unauthorised alteration or attachment of equipment other than our own.
28. Governing Law
28.1 Together with the Terms of Use and Privacy Policy, the Customer's Order and the Company's Order Acknowledgement set out the
whole of the Contract. The Contract,
this Playdale Garden website and these Playdale Garden Terms and Conditions are governed and interpreted by
English Law. English courts shall have
jurisdiction in respect of the same.
