1. Definitions & Interpretations
In these conditions:
- “Greengates”, “We”, “Us” and “Our” means Greengates Builders Merchants LTD “You”, “Your” and “Buyer” means the individual, firm or company who is purchasing the Goods from Greengates Builders Merchants LTD.
- “Contract” means the contract for the sale and purchase of the Goods made between Greengates and the Buyer.
- “Goods” means the materials and items in the Contract between the Buyer and Greengates.
- “Working days” means Monday to Friday excluding bank holidays.
2. Our contract
- These Terms and Conditions govern the supply of Goods sold by Greengates Builders Merchants LTD (No. 4252840) of 1 Whinney Hill Road, Altham, Accrington, Lancashire, BB5 5FT to the customer which have been ordered through this website.
- All orders placed are subject to acceptance by Us by delivery of the Goods to You at which point a legally binding contract is constituted between Us. The processing of your payment and acknowledgement of Your order do not constitute legal acceptance of Your order.
3. Goods description
- Whilst we try to ensure that all descriptions and images are accurate and are kept up to date on the website, errors may occur for which we will not accept liability.
- Images are for illustrative purposes only.
- Every effort has been made to display the colours and finishes of Goods as accurately as possible. However, we are not able to guarantee an exact match of colour and finish on-screen to the actual Goods, and the colours and finishes contained on the website should not be relied on as such. Colours and finishes may vary depending on the settings and resolution of Your computer screen.
- The packaging of Goods may vary from the images that are shown on the website.
- The price of the Goods You order will be as shown on the website at the time You place Your order plus any charges for delivery and insurance as set out on Our website.
- Although We endeavour to ensure that all pricing information on Our website is accurate, occasionally an error may occur and Goods may be incorrectly priced in which circumstances We will not be obliged to supply the Goods at the incorrect price. If We discover an error in the price of the Goods You have ordered, We will let You know as soon as possible. We will then offer You the option of reconfirming Your order at the corrected price or cancelling it in exchange for a full refund.
- We reserve the right to change the price of Goods due to exceptional market conditions but we will confirm the prevailing price with You before accepting Your order. We are not obliged to accept Your order for such Goods and may decline it or limit the order quantity.
- Subject to clause 2.e, We must receive full payment for the Goods You order, and any applicable charges for delivery, before Your order can be processed.
- If You are an account customer, payment shall be made in full at the end of the month following the date of the invoice. We may revoke credit if You fail to make payment when due plus a 15% fee incurred with debt collection.
- We do not store customer credit or debit card details.
- The price of the Goods and delivery charges are inclusive of VAT unless VAT is shown on the web page as a separate element. There may be an option to switch between seeing VAT inclusive and VAT exclusive prices on the website.
- When You purchase Goods through Our website, the Goods will be delivered through one of the following methods: by post or courier or delivery by one of our wagons.
- The Goods will be delivered to the address that You provided in the checkout process. Although We aim to achieve the delivery of Goods within the delivery time frame shown at checkout, all delivery dates quoted are estimates only and We will not accept liability for any late deliveries. In the event of a problem we will endeavour to contact You as soon as possible.
- Deliveries that are to take place using one of Our crane wagons will be confirmed by email once We have received Your order.
- Any difficulties with access to the delivery address such as; narrow roads, low bridges, dirt tracks, farm buildings etc must be brought to Our attention at the time of delivery confirmation so that the type of vehicle required to make such a delivery can be selected or You could incur a redelivery charge.
- Deliveries made by Our crane wagons are made by one man to Your kerb-side or nearest hard road point. Our drivers are unable to drive onto driveways. You will ensure there is reasonable and safe access for the delivery to take place and that there is adequate assistance available to enable the driver to off load materials.
- At the time of delivery, You will ensure that Goods are kept secure and safe. It is Your responsibility to keep the Goods protected from weather conditions, damage and theft.
- All deliveries must be received and signed for by a person aged 18 or over. If no one is available to take the delivery, We will call you. In the event that You instruct Us to leave the Goods without a signature being obtained then We will not be liable for any damage to or theft of the Goods which may occur. If You wish to reschedule the delivery of the Goods then there will be an additional charge of £25 for the redelivery. If no one is available to receive and sign for the redelivery, We may cancel Your order and refund Your payment, minus any delivery charges and a 25% restocking charge.
- If You keep Our delivery wagon waiting for an unreasonable length of time a waiting charge of £60.00 per hour will be made.
- You must notify Us immediately if You have not received Your Goods within the stated delivery time. You must not schedule or commence any work until after You have received Your order and checked all the Goods for any defects or missing parts.
- Upon the delivery of the Goods to You, the Goods shall be at Your risk. In spite of delivery having been made, title in the Goods shall not pass to You until You have paid the price for the goods in full and no other sums whatsoever are then owing by You to Us. Until title in the Goods passes from Us, You shall hold the Goods on a fiduciary basis and bailee and shall store the Goods at Your own cost separately from all other Goods in Your possession and marked in such a way that they are clearly identified as Our property.
- While We aim to hold sufficient stock to meet all Our customer orders, if we have insufficient stock to supply or deliver the Goods ordered and paid by You We will try to inform You as soon as possible. We may, at Our discretion, supply or deliver a substituted product or refund You the price for the Goods within 30days or, in the case of an account customer, We may, at Our discretion, as soon as possible raise a credit note to offset the amount invoiced to You.
7. If there is an issue please contact Us
- If there is an issue with the Goods that You have ordered, please contact Us immediately so We can help. Our contact details can be found on Our website. Please reference Your order number as well as the details of the affected Goods. If We offer You a refund, this will be credited to either the card used to purchase the affected Goods or to Your account with Us (where applicable).
8. Cancellation & Return of Goods
- You may cancel Your order by giving Us notice of cancellation within 14 days of the date of delivery to You. The cancellation of Your order must be given in writing by mail, fax or email. If You are cancelling Your order because there is a problem with the Goods then You must notify Us of this problem at the time of cancellation and within 24hours of delivery.
- On cancellation for whatever reason, You must return the Goods to Us at Your own cost. There will be a restocking charge of 25% of the order value which will be deducted from the refund given to You.
- For Goods that require Us to collect them then there will be a £25.00 +VAT collection charge.
- Refunds for Goods will only be given when We have received the Goods back in a resaleable condition. This means they should be in their original packaging, unused, undamaged and with a copy of the invoice included. You must take reasonable care to ensure the Goods are not damaged in the meantime or in transit. If the Goods are returned damaged or have been modified in some way We withhold the right to refuse any returns or partial returns that do not meet a good and sellable condition as described here.
- Once You have notified Us that You are cancelling Your order and You have returned the Goods in accordance with the above, We will refund or credit Your account as soon as possible and no later than 30 days after receiving them back. We will make the reimbursement using the same means of payment as You used for the initial transaction.
9. Click and Collect
- Where available, Click and Collect orders can be made on the website, www.greengates.co.uk. We will aim to have Your order available for collection from Our store as soon as possible after We have received Your order, subject to stock and store opening times. We will notify You once Your order is received and again, when Your order is ready for collection (subject to stock).
- When collecting Your order, You must bring a copy of Your order confirmation email (either printed or on Your phone) as proof of purchase along with the payment card used and a photo ID.
- When You collect Your Goods from Us, You are solely responsible for the size, condition, weight and positioning of the load on the collection vehicle and shall indemnify Us in respect of all costs, claims, losses or expenses We may incur as a result of You collecting the Goods.
- If the Goods are not collected within 48hrs from when we notify You that they are available, a storage and handling charge will be payable before the Goods are released. The storage and handling charge will be calculated at 10% of the total order value per day.
- We will not accept responsibility for any Goods that are damaged or defective and then installed or fitted. It is important that all items are inspected on delivery and prior to installation or fitting.
- If you believe that we have delivered Goods which are defective in material or workmanship, You must:
- Inform our Customer Services Team (by mail, fax or email), with full details including photographs within twenty-four (24) hours of delivery.
- You must allow Us to investigate the fault, damage or variance that You have informed Us of (We may need access to Your premises and product samples).
- If We find the Goods to be faulty in material or workmanship, following Our investigations, and You have complied with those conditions in clause 10.b. in full, We will (at our discretion) repair or replace the Goods or refund the price.
- We will not be liable to You for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the Goods and We shall have no liability to pay any money to You by way of compensation other than any refund We make under these conditions.
11. Limited Companies – Guarantee
- Those signing the Trade Credit Account Application Form on behalf of limited companies do so as guarantor and irrevocably undertake to guarantee the payment of all monies owing to Us by the relevant limited company if We believe that the limited company cannot meet its obligations.
- If the limited company goes into receivership, liquidation or administration the guarantor will pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies owed to Us by the limited company.
12. Age Requirement for Certain Goods
- Where You place an order for age- restricted Goods such as knives, blades, bladed implements, hazardous chemicals, solvents, You warrant that You are over the age of 18 years and that the delivery will be accepted by a person over the age of 18 years. We reserve the right to cancel Your order if we have reason to believe that You are not legally entitled to order certain Goods.
- Proof of age may be required upon delivery of such Goods.
- We reserve the right to suspend further supply or delivery, stop any Goods in transit or terminate Our contract by notice in writing to You if You are in breach of an obligation hereunder or You become unable to pay Your debts when they fall due or proceedings have been commenced against You alleging bankruptcy or insolvency. Upon termination, Your debt to Us becomes immediately due and payable and We shall be under no further obligation to supply Goods to You.
14. Force Majeure
- We shall have no liability to You for any failure or delay in the supply or delivery or for any damage or defect to Goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
15. Other important terms
- If any part of these online Terms is found to be invalid or unenforceable then, to the extent that it is invalid or unenforceable, the part in question will be treated as if it has been removed from these Online Terms. If this happens, the remaining parts of these Online Terms will continue in full force and effect.
- We reserve the right to make changes to these Online Terms in the future without giving notice. Any changes will be posted to this website and will take effect immediately. This contract shall be governed by and interpreted in accordance with English law.