The Legal Stuff | Magic-Garden

TERMS AND CONDITIONS OF SALE –

Magic Garden Products Ltd

Important note – all our sales are made subject to and on the basis of these terms and conditions, to the exclusion of all other terms.

By instructing us to proceed with an order you will be deemed to have accepted these terms and conditions in their entirety.

Where to find information about us and our products

You can find everything you need to know about us, Weather It Ltd, and our products on our website or from our sales staff before you order. We also confirm the key information to you in writing after you order, either by email, in your online account, or on paper.

We are a company limited by shares, registered in England under company number 13003453, and our registered office is at 71-75 Shelton Street, London WC2H 9JQ

Our contact email is: info@magicgardenproducts.com

Our contact telephone number is: 01937 30 25 30

We don’t give business customers all the same rights as consumers

For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product and we don’t compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft, or profession, even if you are an individual.

WHEN YOU BUY FROM US YOU ARE AGREEING THAT:

We only accept orders when we’ve checked them.
Sometimes we reject orders.
We charge you when you order.
We charge interest on late payments.
We pass on increases in VAT.
We’re not responsible for delays outside our control.
Products can vary slightly from their pictures.
You’re responsible for making sure your measurements and/or other requirements are accurate.
We charge you if you don’t give us information we need or do preparatory work as agreed with us
If you are a consumer and you bought online, or over the telephone, you have a legal right to change your mind .
You have rights if there is something wrong with your product.
We can change products and these terms.
We can suspend supply (and you have rights if we do).
We can withdraw products.
We can end our contract with you.
We don’t compensate you for losses caused by us or our products.
We use your personal data as set out in our Privacy Notice.
You have several options for resolving disputes with us.
Other important terms apply to our contract.

IF YOU ARE A BUSINESS CUSTOMER THIS IS OUR ENTIRE AGREEMENT WITH YOU

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

WE ONLY ACCEPT ORDERS WHEN WE’VE CHECKED THEM

We contact you to confirm we’ve received your order and to confirm we’ve accepted it.

SOMETIMES WE REJECT ORDERS

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory because you are located outside the delivery areas, as stated on our website and in our marketing materials, or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

WE CHARGE YOU WHEN YOU ORDER

However, for some products, we take payment at regular intervals, as explained to you during the order process. You will own the product(s) once we have received payment in full.

IF YOU ARE A BUSINESS CUSTOMER YOU HAVE NO SET-OFF RIGHTS

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction, or withholding (other than any deduction or withholding of tax as required by law).

WE CHARGE INTEREST ON LATE PAYMENTS

If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

WE PASS ON INCREASES IN VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

WE’RE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL

If our supply of your product is delayed by an event outside our control, such as a shortage of or delays in our receiving materials, or national strikes, or lockdowns as a result of epidemics, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team on 0121 824 5700 to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.

PRODUCTS CAN VARY SLIGHTLY FROM THEIR PICTURES

A product’s true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different. Because our products are often bespoke, all sizes, weights, capacities, dimensions, and measurements indicated on our website or in other marketing platforms or materials produced by us can be out by 5mm or 2% whichever is the greatest.

We reserve the right to change the materials used for the products. For example, our planters may be manufactured using Corten steel or mild steel, and sometimes both types are steel is used.

YOU’RE RESPONSIBLE FOR MAKING SURE YOUR MEASUREMENTS ARE ACCURATE

If we’re making or supplying the product to measurements (or to any other specification accepted by us) you provide, you’re responsible for making sure those measurements are correct.

WE CHARGE YOU IF YOU DON’T GIVE US THE INFORMATION WE NEED OR DO PREPARATORY WORK AS AGREED WITH US

We charge you additional sums if you don’t give us the information we’ve asked for about how we can access your property for delivery, installation or to provide services or if you don’t do preparatory work for installation, as agreed with us. For example, we might need to re-deliver on another vehicle or with extra manpower, reschedule services, incur storage costs at third-party depots. Please note that we are not responsible for any damage to the product(s) if they are stored in a depot not owned or controlled by us, following an inability to deliver. If delivery fails due to you not being able to accept delivery for whatever reason then we will charge for a redelivery at the rate of £90 per pallet and £40 per parcel.

IF YOU ARE A CONSUMER AND YOU BOUGHT ONLINE, OR OVER THE TELEPHONE, YOU HAVE A LEGAL RIGHT TO CHANGE YOUR MIND PLUS EXTRA RIGHTS UNDER OUR GUARANTEE

Your legal right to change your mind. For most of our products bought online, or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below.

You will be responsible for the costs of transport to deliver the product(s) to you as well as the cost to arrange the return (if you don’t arrange and pay for this yourself). Our collection transport cost is £90 per pallet or £20 per item via a parcel courier. The product needs to be received back to us in the condition it was received and be resalable by us. If it is not, we reserve the right to charge you for part or all of the cost of the product.

When you can’t change your mind. You can’t change your mind about an order for:

services, once these have been completed;
goods that are made to your specifications or are clearly personalised; and
goods that become mixed inseparably with other items after their delivery.

The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after the day we confirm we have accepted your order.

How to let us know? To let us know you want to change your mind, contact our Customer Service Team on 01937 302530.

WE REFUND STANDARD DELIVERY COSTS WHERE THE PRODUCT IS FAULTY.

We don’t refund any if you change your mind or if you have paid for express delivery or delivery at a particular time.

YOU HAVE TO PAY FOR THE SERVICES YOU RECEIVED BEFORE YOU CHANGE YOUR MIND.

If you bought a service we don’t refund you for the time you were receiving it before you told us you’d changed your mind.

WE REDUCE YOUR REFUND IF YOU HAVE USED OR DAMAGED A PRODUCT.

If you handle the product in a way that would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”, price tags have been removed, the packaging is damaged or accessories are missing. It is your responsibility to ensure that the product is safely and appropriately packaged and that it is received back by us in good condition. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team on 01937 302530 can advise you on whether we’re likely to reduce your refund.

WHEN AND HOW WE REFUND YOU?

If your product is a service or goods that haven’t been delivered or that we’re collecting from you, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. If your product is goods that you’re sending back to us, we refund you within 14 days of receiving them back from you. We refund you by the method you used for payment. We don’t charge a fee for the refund.

You have rights if there is something wrong with your product

RETURN THE PRODUCT TO US.

If you think there is something wrong with your product, you must contact our Customer Service Team on 0121 824 5700.

YOUR RIGHTS AND REMEDIES IF YOU ARE A CONSUMER.

We honor our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us, see below.

SUMMARY OF YOUR KEY LEGAL RIGHTS

If your product is goods the Consumer Rights Act 2015 says goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of your product, your legal rights entitle you to the following:

· Up to 30 days: if your goods are faulty, then you can get a refund.

· Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

· Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is service the Consumer Rights Act 2015 says:

· You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it.

· If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.

· If a time hasn’t been agreed upon upfront, it must be carried out within a reasonable time.

YOUR RIGHTS IF YOU ARE A BUSINESS.

We warrant that on delivery, and for a period of 60 months from the date of delivery (warranty period), any products which are goods shall:

conform in all material respects with their description and any relevant specification;
be free from material defects in design, material, and workmanship;
be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
be fit for any purpose held out by us.

The above is known as our “business customer warranty”.

YOUR REMEDIES IF YOU ARE A BUSINESS.

Unless an exception applies (see below), if:

you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the business customer warranty;
we are given a reasonable opportunity of examining such product; and
you return such product to us at our cost,

we shall, at our option, repair or replace the defective product or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.

No compensation will be payable where there has been a breach of our warranty terms.

Note that if a product is returned to us, and there is nothing wrong with it, we will charge a restocking charge of 50% of the price of the product and we will charge you for any transport costs we incur.

EXCEPTIONS TO BUSINESS CUSTOMERS’ WARRANTY.

We will not be liable for a product’s failure to comply with the business customer warranty if:

you make any further use of such product after telling us it is non-compliant;
the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use, or maintenance of the product or (if there are none) good trade practices;
the defect arises because we followed any drawing, design, or specification supplied by you;
you alter or repair the product without our written consent; or
the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

We can change products and these terms

CHANGES WE CAN ALWAYS MAKE.

We can always change a product:

to reflect changes in relevant laws and regulatory requirements;
to make minor technical adjustments and improvements. These are changes that don’t affect your use of the product.

We can suspend supply (and you have rights if we do)

WE CAN SUSPEND THE SUPPLY OF A PRODUCT.

We do this to:

deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements; or
make necessary changes to the product

WE LET YOU KNOW, MAY ADJUST THE PRICE, AND MAY ALLOW YOU TO TERMINATE.

We contact you in advance to tell you we’re suspending supply unless the problem is urgent or an emergency. If we suspend supply or tell you we’re going to suspend supply, for more than a month you can contact our Customer Service Team on 01937 302530 to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.

WE CAN WITHDRAW PRODUCTS

We can stop providing a product. We let you know as soon as we are able to in advance and we refund any sums you’ve paid in advance for products that won’t be provided.

WE CAN END OUR CONTRACT WITH YOU

We can end our contract with you for a product and claim any compensation due to us if:

you don’t make any payment to us when it’s due and you still don’t make payment within 21 days of our reminding you that payment is due;
you don’t, within a reasonable time of us asking for it, provide us with information, cooperation, or access that we need to provide the product, for example, and this is not an exhaustive list: sizes, dimensions, plans, drawings, quantities, specifications, finishes, delivery address details, comments on access restrictions, site offloading information, contact details of the recipient on site, delivery notes or associated paperwork required, details of vehicle restrictions at the delivery location or en route to the location;
you don’t, within a reasonable time, either allow us to deliver the product to you or collect it from us;

WE DON’T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR PRODUCTS

Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:

Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control. As long as we have taken the steps set out in the section “We’re not responsible for delays outside our control”.
Something you could have avoided by taking reasonable action.
A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in section “Our liability to businesses”.

OUR LIABILITY TO BUSINESSES.

If you’re a business, then, except in respect of the losses described in the section “Losses we never limit or exclude”:

we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price paid for the product(s).

LOSSES WE NEVER LIMIT OR EXCLUDE.

Nothing in these terms shall limit or exclude our liability for:

death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
defective products under the Consumer Protection Act 1987; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.

NO IMPLIED TERMS ABOUT GOODS.

Except to the extent expressly stated in section “Your rights if you are a business”, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE

How we use any personal data you give us is set out in our Privacy Notice www.weather-it.co.uk/privacy-policy.

YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US

Our complaints policy.

Our Customer Service Team will do their best to resolve any problems you have with us or our products.

Resolving disputes without going to court (consumers only).

Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. We can provide you with details if you would like to consider this.

You can go to court.

These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

Other important terms apply to our contract

WE CAN TRANSFER OUR CONTRACT WITH YOU SO THAT A DIFFERENT ORGANISATION IS RESPONSIBLE FOR SUPPLYING YOUR PRODUCT.

We’ll tell you in writing if this happens and if you are a consumer we’ll ensure that the transfer won’t affect your rights under the contract. If you’re a consumer and you’re unhappy with the transfer you can contact our Customer Service Team on01937 302530 to end the contract within 30 days of us telling you about it and we will refund you any payments you’ve made in advance for products not provided.

YOU CAN ONLY TRANSFER YOUR CONTRACT WITH US TO SOMEONE ELSE IF WE AGREE TO THIS.

If you’re a consumer we may not agree for valid reasons of which we will advise you at the time. However, you can transfer our consumer guarantee (as explained in section “Our goodwill guarantee”) to a new owner of the product. We can require the new owner to prove you transferred the product to them. If you’re a business you need our agreement to transfer your contract with us and it’s entirely up to us whether we give it.

NOBODY ELSE HAS ANY RIGHTS UNDER THIS CONTRACT.

This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign off on ending or changing it.

IF A COURT INVALIDATES SOME OF THIS CONTRACT, THE REST OF IT WILL STILL APPLY.

If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

EVEN IF WE DELAY ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER.

We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.