Terms & Conditions
1.1 The “company”, “we” or “us” means WELCH FENCING LTD registered in England and Wales No:11222861
1.2 The “customer” or “you” means the individual or company who purchases goods from the company.
1.3 “Consumer” means any person who in buying something is acting outside their business, as defined by the Distance Selling Regulations
2. Application of Terms
2.1 Each order or acceptance of a quotation for goods and/or services by you shall be deemed to be an offer by you to buy goods and/or services subject to these terms. No order or acceptance of a quotation by you shall be deemed to be accepted by us until written confirmation of order is issued by us or (if earlier) we begin to process your order. We shall be entitled to withdraw any quotation at any time (whether or not already accepted by you).
2.2 Any typographical error or clerical omission in any sales literature, quotation, price list or other document issued by us may be corrected without liability on our part.
3. Supply of Products
3.1 You acknowledge that you have not relied on any statement or representation made or given on our behalf. Any estimate of quantities needed, advice as to the suitability of any goods for a particular purpose and any plan or measurement given by us is given for guidance only (based on your information) and without liability on our part. No allowance is made by us for additional materials, wastage or installation. You must satisfy yourself that all goods and/or services ordered are correct.
4.Price and Payment
4.1 The price of delivery for the goods is for delivery to the exact postcode entered by you on the Checkout page of the website, the quoted price is only valid for delivery to that postcode, if you require the delivery address to be changed after placing an order an additional charge may be made.
4.2 The price of goods on the website may differ to in-store prices.
4.3 We must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
4.4 Prices are inclusive of VAT unless otherwise stated.
5.1 While we endeavor to only allow products to be sold when we have the level of stock available to meet your order, we reserve the right to cancel the contract between us if we have insufficient stock to deliver the goods you have ordered. In such cases we will inform you as soon as possible and refund the price paid for such goods as soon as possible and in any case within 30 day
6.1 We will deliver the goods in accordance with your order usually within the stated delivery time but certainly within 30 days. In the unlikely event that we are unable to make the goods available to you within 30 days of accepting your order we will contact you to inform you. You will have the choice of agreeing a revised delivery date or cancelling the order and receive a full refund for the order.
6.2 Deliveries are made Monday to Friday between 07:00 and 18:00 (excluding weekends and bank holidays). We cannot offer timed deliveries
6.3 Deliveries will be made to the address stated on the order.
6.4 Only a delivery to the kerbside can be guaranteed and you are responsible for moving the goods from the kerb-side. We, or our agents, will do their best to deliver closer to the property if access allows. Delivery does not include carrying goods up paths, to rear gardens or into dwellings.
6.5 For deliveries that are made by the pallet service, a manually manoeuvred pallet truck is used to manoeuvre the goods off the tail-lift to kerb-side delivery point, therefore you understand it is only possible to unload the goods on to a hard, flat and level surface, this excludes gravel, grass or slopes of any kind. If you have placed an order and the delivery point is unsuitable you must contact us as soon as reasonably possible, to arrange a more suitable delivery method.
6.6 Access to the delivery point must be on hard road over which a vehicle can pass without sustaining or causing damage of any kind. It is your responsibility to let us know if there are any access difficulties, such as low bridges, narrow single lanes, weight limit roads, steep driveways or hills.
6.7 If a customer wishes for any vehicle to leave the public highway and enter their property or premises of delivery then the customer accepts liability for any damages caused to the property, vehicle or other.
6.8 The delivery vehicle must be able to park in the area that the delivery is to be made. If you require delivery on an off road route or road that has restricted unloading it is your responsibility to inform us as soon as is reasonable possible after placing your order, and it is your responsibility for gaining any permits, if required, for stopping and unloading of your goods. It is your responsibility, in some areas of the UK, to obtain a permit from your local council to have bulk items left on the kerb-side.
6.9 We reserve the right to cancel or hold any orders that we deem may suffer from potential delivery problems and you understand that delivery dates may be delayed in these instances.
6.10 We reserve the right to charge you an additional charge where: for any reason, the delivery vehicle is unable to unload at the delivery point, you, or somebody appointed by you, redirects a delivery vehicle, delivery cannot be made because of unsuitable access or unsuitable unloading point, or in relation to clauses 6.5 and 6.6 inadequate information was provided
7.Cancellation/Cooling off period
7.1 Where you are a “consumer” under a “distance contract” as (both as defined in the Consumer Protection (Distance Selling) Regulations 2000) the following clauses apply.
7.1.1 You may cancel the contract under the Distance Selling Regulations by notifying us no later than 14 days after we deliver the goods that you are cancelling the contract, notification must be made in writing, this includes letter face or email. A phone call is not an acceptable form of notification of cancelling the contract.
7.1.2 If you cancel the contract under the Distance Selling Regulations, it is your statutory duty to take reasonable care of the goods from the time you receive them until you return them to us. Please see Clause 8.1 for advice on reasonable care.
7.1.3 If you cancel the contract under the Distance Selling Regulations you must return the goods to us at your own expense. We can arrange collection of the goods, at your cost, in most cases the cost will be the same as the delivery price outlined in your order.
7.1.4 If you cancel the contract under the Distance Selling Regulations and do not return the goods as required, we may charge you our direct costs of recovering the goods.
8.1 If you notify us of a problem with the goods within 14 working days of delivery, we will (subject to clause 5) either make good any shortage of non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question excluding
8.2 If you did not receive the goods within 30 days of the date on which you ordered them and notified us of the problem within 40 days of the date on which you ordered them, we will either make good the non-delivery; or refund to you the amount paid by you for the goods in question.
8.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clauses 8.1 and 8.2.
9. Descriptions and Images
9.1 All descriptions and samples of goods are approximate only and are intended to serve as a guide. The company shall not be liable to the customer for their accuracy.
9.2 Whilst we always endeavor to display images of goods that accurately represent the goods, we cannot guarantee that the accuracy due to differing light levels when the photos were taken and variations in monitor settings.
10. Force Majeure
We shall not be liable for any failure to perform, or delay in performing, any of our obligations under the contract if and to the extent that the failure or delay is caused by circumstances beyond our control.
11. Our right to vary these terms and conditions
11.1 We have the right to revise and amend these terms and conditions from time to time.
11.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).