Aylwards Fencing

 

1. Definition of words used within this document

​

• "Buyer" – the person / company who buys Goods from the Seller.

• "Consumer" – the meaning attributed in the Unfair Contract terms Act 1977, section 12.

• "Goods" – the products that the Buyer agrees to buy from the Seller.

• "List Price" – the list of prices of the Goods maintained by the Seller as revised from time to time.

• "Seller"– Aylward’s (of Crews Hill) Ltd, Culver Nurseries, Cattlegate Road Enfield EN2 9DS.

• "Terms and Conditions" – the terms and conditions of sale set out in this document and any other special terms and conditions agreed in writing by the Seller.

 

 

 2. General

​

• These Terms and Conditions apply to all contracts for the sale of Goods by the Seller to the Buyer and will prevail over any other documentation or correspondence from the Buyer. Any variation to these Terms and Conditions will be irrelevant unless agreed in writing by the Seller.

• Orders placed will be regarded as an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may decide not to accept an order for any reason.

• Acceptance of delivery of the Goods will be regarded conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

• Product pictures on the website are for illustrative purpose only, colours and styles may vary. Sizes are approximate and again can vary.

• The Buyer must determine and agree the specification design and construction of the product and accept responsibility that it is adequate and suitable for the purpose intended.

 

 

3. Cost and Payment

​

• The cost of the Goods will be that specified in the Seller’s current List Price / on the Seller’s website / as contained in the Seller’s Quotation (as applicable) at the date of the order or as agreed between the parties. The cost is inclusive of VAT and excludes any delivery charge.

• In the event of any pricing errors we cannot be held responsible for this and any errors will be rectified as soon as possible. If an error is discovered after order we will inform you as soon as possible. We will not be obliged to fulfill an order for products priced incorrectly. If the item has been charged you will receive a full refund or be liable for the difference.

• When placing orders online, full payment of the total purchase price inclusive of VAT and delivery charge must be made at time of ordering. When placing orders via email or telephone, payment can be made online or by cash on delivery/collection.

• We do not accept any credit or debit cards. 

 

 

4. Warranty

​

• The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.

• Should it be necessary to offer an alternative product this will be agreed with the Buyer prior to dispatch of Goods.

 

 

 

5. Delivery

​

• Delivery of the Goods shall be made by the Seller informing the Buyer that the Goods are available for collection or for delivery to the place on such terms as agreed at the time of order placement between the Seller and the Buyer.

• Local orders, where the goods are in stock, will be delivered within 24-48 hours.

• The Seller will endeavor whenever possible to meet stated delivery date. In the event that we cannot deliver on the specified day we will, where possible, notify the Buyer. The Seller will not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any delivery date.

• Some goods may not be in stock when the order is placed and an expected date of availability will be provided. In the event that the Seller is still unable to deliver the Goods after this date the Seller will contact the Buyer to advise of the situation and the Buyer will be entitled to cancel the order and receive a full refund or agree to wait and defer delivery to a later date.

• Deliveries are to kerb side only and the goods will be stacked as neatly as possible.

• Any driver/vehicle instructed to leave the public highway, does so, entirely at the Buyers own risk. The Seller will accept no liability, whatsoever, in respect of claims arising from this.

• Goods title and risk passes to the Buyer upon delivery and full payment of the Goods.

 

 

6. Your Rights to Cancel and Returns Policy

​

• Orders apart from garden buildings and any custom sized products can be cancelled without any penalty prior to collection or loading for delivery.

• Goods surplus or unsuitable / ordered incorrectly can be returned to the Seller within 14 days of collection / delivery at their own cost. A refund less a 40% restocking charge will apply if goods are returned in a saleable/clean/unused/undamaged condition with all packaging and components.

• We reserve the right to refuse any refund if the requirements stated above are not met.

• Under the EU Consumer Protection (Distance Selling) Regulations, you have a right to cancel your order for any reason within 7 days of receipt of your goods by informing the Seller within this time frame. However you are responsible for the cost of the return shipment of unopened goods and these must be adequately insured during the return journey. Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage. Should you wish to cancel under these terms, please contact us in the first instance and we will guide you through the return process. The Buyer shall receive a refund, less 20%, of the amount paid for the Goods (excluding delivery charges) Return is at the cost of the Buyer.

 

 

7. Damaged and Faulty Goods

​

• Aylward’s (of Crews Hill) Ltd undertake to provide products and service of the highest quality and will try to rectify any problems should they arise.

• NB. The Seller requests that you read the general points regarding timber products listed below:

   

• Timber is a natural material and as such will vary in shades of colour and will alter further with weathering.

  Shrinking and expansion of timber may occur due to seasonal changes and weather.

  Hot and humid temperatures may cause “shakes”, “splits” and warping. These do not affect the longevity of the product.

  Knots in timber are a natural occurrence, these will vary in size and shape, sometimes they may also dislodge.

  All timber products are either wholly or in part handmade with the aid of machines and as a result of this small differences can occur.

   

• The Buyer must inspect the Goods upon receipt and once signed for are deemed acceptable. If not signed for, the Buyer must notify the Seller within 12hrs of delivery by e-mail or telephone to advise that the Goods are damaged or do not comply with the order/contract.

• The Seller will not accept any liability in respect of Goods supplied which subsequently prove to be defective where such goods have been altered.

 

 

8. Force Majeure

​

• Neither the Seller nor the Buyer will be liable for any failure or delay to undertake any of its obligations if this results from events or circumstances beyond anyone’s reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials which are from a natural source of supply, and both party will be entitled to a reasonable extension of its obligations.