GENERAL TERMS AND CONDITIONS OF SALE
1. INTRODUCTION
1.1 www.naturalfencing.com (the Site) is operated by Winstow Limited T/A Natural Fencing.
1.2 The terms contained in this document (Trading Terms) apply to all transactions for the purchase of products from the Site. Please read these Trading Terms carefully before ordering from the Site. By ordering any products from the Site you are indicating your acceptance to be bound by these Trading Terms. They form a legal agreement between you and us and can only be amended with our consent.
1.3 Your use of the Site itself is subject to our website Terms of Use. You should also read our Privacy Policy.
1.4 We reserve the right to change these Trading Terms from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.
2. ORDERING
2.1 You may place an order to purchase a product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “Submit Order” button on the checkout page.
2.2 All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 After submitting an order to us, you will be sent an order acknowledgement email with your order reference and details of the products you have ordered. Please note, this email is an acknowledgment and is not an acceptance of your order.
2.4 If your order includes products which are not available from stock, we will contact you by email to ask how you wish to proceed. You will have the option to wait until the products are available from stock or cancel your order.
2.5 Acceptance of your order and the formation of a contract between us will take place when we send you an email confirming that the products you have ordered are being dispatched to you, unless we have notified you that we do not accept your order or you have already cancelled it in accordance with the provisions below (see Cancellations and returns)
3. PRICES AND PAYMENT
3.1 The prices of products advertised for sale on the Site are as set out on the Site. All prices are in pounds (£) sterling, inclusive of VAT, but exclude delivery charges. Delivery charges, where applicable, are clearly displayed when you view the items you have selected within your basket. Delivery charges will be automatically calculated and added to your order. Prices and delivery charges displayed are valid and effective only in the United Kingdom.
3.2 Prices may change at any time prior to (but not after) acceptance of your order.
3.3 We cannot accept your order until you have paid for it in full. Payment can be made by most major credit or debit cards and PayPal, by completing the relevant details on the checkout page.
3.4 By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
3.5 In the unlikely event that the price of an item has been incorrectly advertised on the Site, we will contact you by email to ask whether you wish to proceed with the order at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already confirmed dispatch of your order, we will not be obliged to supply products at the incorrect price.
4. DELIVERY
Please click to see our ‘Delivery Policy’
5. CANCELLATIONS AND RETURNS
5.1 Except in relation to the products specified in the next paragraph, you may cancel your order (or any part of it) at any stage before the products are delivered to you, and up to 14 days afterward. You may do so either by notifying us (see How to contact us), giving us your full name, address and order reference or, alternatively, by returning the products, in accordance with the provisions below (see clause 5.4). You do not need to give any reason for canceling your order, but a brief explanation will help us improve the service we offer to customers in the future.
5.2 You may not cancel your order if:
5.2.1 You have taken any audio and/or visual recordings or computer software out of the sealed packaging in which they were delivered to you;
5.2.2 The products consist of perishable items, such as live willow products; or
5.2.3 The products have been customised or made to your own specifications unless such products were damaged or faulty when delivered to you or have been incorrectly delivered.
5.3 If you cancel your order, any sum debited by us from your credit/debit card will be refunded in full – subject to clause 5.5
5.4 Where you decide to cancel an order after we have dispatched the products, you will be under a duty to return them to us, at your own risk and cost. All such products should be returned within 14 days of you cancelling your order (where you choose to cancel by notifying us) and, in any event, no later than 28 days after the products have been delivered to you. Until such time as they are returned, you must retain possession of the products and take reasonable care of them. You should return the products to us unused and as new, whilst maintaining a duty of care for the products during the cancellation period (except to the extent reasonably necessary to examine them), with the original product packaging, by one of the following means:
By Royal Mail – You should pack the returns parcel securely, ensuring you include your contact details and order number in the parcel and then take it to your local Post Office. We advise that you take out enough postal insurance to cover the value of the contents.
By Parcelforce Courier – You can arrange Parcelforce to collect and return your product to us by browsing to www.parcelforce.co.uk Please note that Parcelforce will make a charge for using this service based on the weight of the items being returned.
By My Hermes – You can arrange Hermes to collect and return your product to us by browsing to www.myhermes.co.uk Please note that Hermes will make a charge for using this service based on the weight of the items being returned.
By TNT – You can arrange TNT to collect and return your product to us by browsing to www.tnt.com Please note that TNT will make a charge for using this service based on the weight of the items being returned.
You may return products to our yard at Vales Hall Farm, Dales Road, Fressingfield, Suffolk, IP21 5RL. Please bring the order despatch note that will have been included in the package in which your order was delivered.
5.5 The Seller reserves the right to levy a charge if cancellation instructions are received after an order or part of an order has been commenced in manufacture or part supplied to cover all costs up to the completion of the order.
5.6 Our policy on cancellations and returns does not affect your legal rights.
6. FAULTY PRODUCTS
6.1 If any product you purchase is damaged or faulty when delivered to you we may offer a repair, exchange or refund as appropriate, in accordance with your legal rights. If you believe a product is faulty, you should notify us (see How to contact us) to arrange for the return of the product (the cost of postage of which we will refund).
6.2 Our policy on faulty products does not affect your legal rights.
7. PRIVACY POLICY & SECURITY
Please click to see our ‘Privacy Policy & Security’
If you have any additional queries about security, please email us at enquiries@naturalfencing.com
8. OUR LIABILITY
8.1 We will not be liable to you where the performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.
8.2 You are responsible for the use you make of the products you order. To the extent not prohibited by law, we accept no liability for any loss which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).
8.3 We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation that cannot, under English law, be excluded.
8.4 Nothing in this Section 8 or elsewhere in our Trading Terms affects your statutory legal rights.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a contract that is caused by an Event Outside Our Control.
9.2 An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you and our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
9.4 Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
9.5 You may cancel a contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract under Section 9 please contact us using the details set out in Section 5.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 All and any Intellectual Property Rights in the Products shall be owned by us. All such rights are reserved.
11. GENERAL
11.1 Natural Fencing is the trading name of Winstow Limited. Company registration number: 10144882, Company registered address: Vales Hall Farm, Dales Road, Fressingfield, Suffolk, IP21 5RL , VAT registration number: 242 0521 55
11.2 Any formal legal notices should be sent to us at the address at the end of these Trading Terms by email and confirmed by post.
11.3 Failure by us to enforce a right does not result in the waiver of such right. You may not assign or transfer your rights under these Trading Terms.
11.4 If any part of these Trading Terms is found to be unenforceable as a matter of law, all other parts of these Trading Terms shall be unaffected and shall remain in force.
11.5 You and we agree that English law applies to these Trading Terms and that any dispute between us arising out of or in connection with these Trading Terms will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
12. HOW TO CONTACT US
Please feel free to contact us in any of the following ways: By email at enquiries@naturalfencing.com
By telephone on 01379 588 370 between the hours of 9am – 5pm, Monday to Friday.
By writing to us at:
Natural Fencing
Vales Hall Farm
Dales Road
Fressingfield
Suffolk
IP21 5RL
13. UPDATES
These Trading Terms were last updated on 6th March 2018