Fenceways Ltd Terms and Conditions

 

Definition & Interpretation

In these standard Terms and Conditions of Sale:
‘Company’ means Fenceways Ltd
‘Customer’ means customer of the Company.
‘Conditions’ means these Standard Terms & Conditions of Sale.
‘Contract’ means the Contract for the sale of the Products.
‘Goods’ means the goods/products (including any portion thereof) which the Seller agrees to supply in accordance with the Conditions of Sale.
‘Working Days’ means any day other than Saturday, Sunday and public holidays.
‘Carrier’ means the company, person or persons with the object of delivering the Goods to the Customer.
‘Writing’ includes letter, fax, email transmission, text or any similar form of communication.
‘Bespoke’ means for item that is custom made or made-to-measure to the customer’s specification.

The headings in these Conditions are for convenience only and shall not affect their interpretation.

1. General Terms and Conditions

1.1 These Terms and Conditions explain your rights and obligations in relation to our website and any goods purchased through our site. Please read them carefully.

1.2 The Statutory rights of a Buyer who acts as a consumer as defined by Section 12 of the Unfair Contract Terms Act 1977 are not affected by the Conditions.

1.3 Where appropriate the rights of a Buyer as set out in the Consumer Protection (Distance Selling) Regulations 2000 are not affected by the Conditions.

1.4 By accessing our website and placing an order, you agree to be legally bound by these Terms and Conditions and all goods are subject to availability.

1.5 If you require any further clarification on these Terms & Conditions, please contact us at fenceways@outlook.com or by telephone on 0161 241 8739.

1.6 These conditions represent the entire Conditions of sale and nothing shall operate to in any way alter or vary the Conditions without the prior approval of the Company.

1.7 These conditions shall apply to all contracts to the exclusion of all other conditions express or implied by statute or otherwise to the extent as is permissible by Law.

1.8 Acceptance of Goods by the Customer shall be conclusive evidence before any Court of Arbitrator that these Conditions apply.

1.9 Fenceways Ltd reserves the right to change the Conditions without prior notice. Updated Conditions will be on the website and so we advise customers to always check before ordering.


2. Purchasing from Us

2.1 The full payment for the order will be taken at the time of the customer ordering. Payment can be made via any major debit or credit card, bank transfer, Paypal or Clearpay.

2.2 Full Terms and Conditions of clearpay can be found here: https://www.clearpay.co.uk/en-GB/terms-of-service

2.4 By submitting your order, you are offering to buy the goods from us at the agreed price and are allowing us to use your personal details for the purposes of supplying goods (including passing your details on to couriers).

2.5 It is the responsibility of the customer to ensure all details supplied are accurate to your requirements and the goods delivered match these requirements.

2.6 Made-To-Measure: Items categorised as "made-to-measure" will feature a "made-to-measure" text stamp above below product title. These products are exclusively manufactured upon order placement, whether in standard size or bespoke measurements, constituting a "bespoke order."

2.7 The Company cannot accept any responsibility for any product that you the customer order incorrectly, nor can we restock bespoke products or accept returns for these. 

2.8 Upon the receipt of a Bespoke order, an order confirmation will be sent to the customer which we strongly recommend you check for accuracy. If any changes are required on a Bespoke order and we have not yet placed it into the manufacturing system we may, at our discretion, update the order providing you contact us by phone during normal office working hours. If the order has been entered into the Manufacturing system then charges may apply in order to make a change.

2.9 Quotes based on drawings have to be confirmed between the customer and our manufacturing manager. The sizes will be made to the measurements as close as possible but there may be up to a 10mm variance in sizing. By completing the purchase, you will have confirmed that the drawings are accurate and to the sizing needed. Once the order has been placed and manufacturing has commenced, we will not be able to amend any sizing for you or refund the order.

2.10 Once the item arrives, it will come with instructions based on our standard sizes but for a bespoke order, the instructions may differ slightly. We are happy to offer advice on installation but the company do not accept any liability and will not accept liability for any damages caused by the incorrect installation or incorrect sizing.

2.11 To enable us to process all orders, you will need to provide us with your email address. We will notify you by email as soon as possible to confirm receipt of your order. For the avoidance of doubt, this email does not constitute a contract between us. For all manufactured orders, we will require your confirmation response in order to place your order into the manufacturing system.

2.12 Once you confirm your order for manufactured orders, this is the start point of your order. The date your confirmation email is received is counted as the ‘first working day’ , not the date the order was initially placed.

2.13 In the unlikely event that the product you ordered goes out of stock, then we can give you a date when the product should be back in stock. You can then decide whether you would like to wait for restocking or you would prefer for us to refund your order in full. If you would like a refund, we will cancel the order and refund immediately.

2.14 Once you have placed your order online we will not be able to change the delivery address. If the delivery address is different from the billing address you must add this when placing your order. If you would like to change the address, we reserve the right to cancel the order and refund. You would then need to place a new order online.

2.15 Fenceways products are supplied for outdoor use only, unless otherwise specified on the listing. As such they are likely to have a moisture content in excess of what would be suitable for other applications, such as indoor usage. Fenceways will not be held liable for orders where the customer has ordered a product for a use other than outdoor unless otherwise indicated on the product listing.

3. Pricing

3.1 The prices payable for our goods are set out on our website and are in pounds sterling. All prices shown are inclusive of VAT at the current rate.

3.2 The Company reserves the right to change the advertised price before you place an order.

3.3 No charge is made to the Customer for Credit or Debit Card payments.

3.4 The Company requires payment for the whole of the price of the goods you order, and any charges for carriage if applicable, before your order can be accepted.

3.5 Quotations are not offers. They may be withdrawn or revised at any time before acceptance of an order by the Company.


4. Quality

4.1 As timber is a natural product it can therefore be susceptible to changes due to the outside environment. Changes in temperature or extreme weather conditions and temperatures can cause timber used outdoors to react. Heat and wet weather can cause panels to lose shape but the process should reverse when temperatures subside and weather becomes drier. It is also important to note that Posts may warp in higher temperatures or wetter weather too. This is perfectly natural and in all but the most extreme cases, the normal shape will return. Any splits in posts or gates should also close up with a weather change and these do not affect the structural integrity of the product. We cannot prevent or give any guarantee against warping, bowing, twisting, splitting, mould, blue spots and any other movement once the products have been accepted. We will not refund any monies as a first option for these issues. If your wooden gate has been painted then it is up to you to maintain the gates thereafter. If the paint chips or splits during it’s lifetime then the Company cannot be held responsible for any liability arising from these damages to your product.

4.2 Once you receive your gates you must fully treat them prior to exposure to the elements. You must also ensure that your gates are maintained to a good level. Within 28 days once the gates have climatised (this includes gates we have painted/treated), you should then re-treat again. The gates would then need to be treated at 6 months from this date and then at 12 months again. We reserve the right to request photographs/inspect the product/s due to any claim brought against us regarding quality and request proof of maintenance in accordance with the above. Wood rot and mould can be a direct result of neglect and we cannot be held liable for this. If you do not maintain your gates to the required standard and provide proof of this, we can also not be held liable for bowing, twisting, moving, splitting, expansion or contraction caused as a result of this.

4.3 Whilst our treated products have already been pre-treated, we would still recommend that for longevity you treat or stain them once you receive. We would also recommend that you treat your products on a regular basis - at least annually. The Company does not accept any responsibility for the failure of goods and products where they have not been adequately maintained.

4.4 If the product needs to be replaced, then we will not cover any consequential expenses incurred such as fitting and finishing costs.

4,5 We will also not be held liable for any bowing, twisting, moving of the gates where it has been caused in the opinion of the Company, by insufficient ironmongery fittings. We hold information about what size hinges and fittings our gates need. If you are in any doubt about what to order then please contact us to clarify. If you have used ironmongery fittings from a previous gate hanging, then we will not be held liable in any way for their failure.

4.6 The Company will not be held liable for any twisting, warping, mould, cracks, dis-colouration and any other form of natural defect of wood. Please also note that colour varies from batch to batch so we reserve the right to not be held liable for any variance of colour between batches.

4.7 The sizes on all timber products may vary between 0-10mm due to it being a living product and depending upon the environmental conditions.


5. Damages

5.1 Upon delivery, you must check goods for damage or missing items. If this is not possible, please sign for as ‘unchecked’. You must then inform us within 2 working days of the delivery for any missing items or parts.

5.2 We will require photographic evidence of any damage(s) which you can email to us at fenceways@outlook.com.

5.3 Where damage(s) has occurred, we will offer to exchange the affected product(s) where we can or alternatively collect and refund you for the damaged item(s). We do not accept any liability for further consequential losses.

5.4 You will become the owner of the goods you have ordered when they have been delivered to your address This means that once delivered to your address, they will be held there at your own risk and we will not be liable for any loss, damage or destruction of them.

5.5 If you hang your gates/install any of our products prior to informing us of any delivery damages or faults, then we are under no obligation to repair, replace or refund them.


6. Installation

6.1 All of our products are sold on a supply only basis. The Company does not accept any responsibility for any fitting costs. You must check all parts and components are present and match the order BEFORE scheduling an installer or making alterations to goods.

6.2 The Company cannot be held responsible for any of our gates or products installed by other parties for damage, injury or loss of life. Each gate must be installed correctly and adhere to building regulations.

6.3 If our Gates are supplied and need to be automated after supply, then you must inform us of this so we can liaise with you and quote for appropriate sized gates able to take the automation system. The Company will not be responsible for any automation on the gates.

6.4 Post Installation - It is advised that all purchased posts are treated with bitumen both at the bottom and above ground level to prevent rot. We cannot be held liable for any rotting of posts that have not been treated accordingly.


7. Delivery

7.1 The Company provide free delivery services to most of the UK Mainland for orders over the minimum charge (shown on our website) which is inclusive of VAT. If the order total comes to less than the advertised amount, you will be charged a delivery fee. The Company reserves the right to amend this amount as and when it requires. Excluded areas include but are not limited to the Isle of Wight, the Isle of Man, Parts of Scotland, the Scottish Isles, Northern Ireland and the Channel Islands. Delivery may be arranged to these areas at the discretion of the Company and will be subject to additional delivery charges and longer delivery times.

7.2 We will deliver the goods to the address specified on your order. It is very important that this address is accurate and we reserve the right to charge for a re-delivery if our courier is unable to locate your address due to incorrect information given.

7.3 If you are happy for us to leave the goods in a safe location, please let us know prior to the delivery date. We cannot accept any liability or for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence).

7.4 We are not responsible for any delay due to the courier once it has been dispatched from ourselves. This is outside our control and we cannot be held liable for any consequential losses incurred from a late delivery. You must make sure you are in receipt of your goods before arranging an installer and that you have allowed enough time to inspect goods and get replacements in case of damages.

7.5 If you arrange your own courier, we cannot be held liable for any damages caused to our products during transit or upon delivery

7.6 If the product you ordered is a Bespoke product and has been made to the exact specification then there is no right to return under the Distance Selling Regulation. However, if the product has not been made to the confirmed agreed specification or the gate is damaged in transit, we will arrange collection for repair or replacement as appropriate.

7.7 In the unlikely event there is a problem with your goods upon arrival, please contact our Customer Services team on 0161 241 8739 or by email; fenceways@outlook.com. They will assist you with any issues to ensure these are resolved for you.


8. Cancellation, Returns & Refunds of Contracts

8.1 Where you are acting as a consumer, in the unlikely event you wish to cancel an order for standard items contained within this website, under the Distance Selling Regulations, you have a period of 14 days (starting the day after delivery) within which you can cancel the contract. (This excludes Business to Business transactions where the order cannot be cancelled or returned once delivery has been made.)

8.2 The Standard 14 day period above does not apply to Bespoke Orders. You will not be able to cancel your contract if the goods you have ordered are bespoke. This puts them outside of the Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013.

8.3 Once you have confirmed you wish to cancel your order and we have agreed you are within the agreed timescale, the goods are not bespoke and the cancellation has been made before the goods are dispatched, then we will re-credit you with any sum debited by us from your debit or credit card, bank or paypal account as soon as possible and in any event within 30 days of cancellation. You have 14 days to return your goods back to us.

8.4 In all circumstances, goods must not have been installed, modified, painted or stained as this will be deemed as acceptance of the goods delivered.

8.5 If you cancel once you have received the goods and we have agreed for you to return them and they are not a bespoke item/s then we reserve the right to charge a collection and handling fee if you wish for our courier to collect.

8.6 We would ask that you do not unpack the goods once received and you must either arrange to send them back using your own courier to our contact address at your own risk or you arrange with us for our courier to collect.

8.7 If you use your own courier, you are responsible for obtaining proof of delivery and receipt of returned goods and before returning any goods, the customer must contact the Company to obtain a Returns number.

8.8 Upon receipt of the goods back into our warehouse, we will inspect the goods to ensure there are no damages and they are in a re-sellable condition, otherwise we reserve the right to charge up-to the amount of £50 which we can deduct from your refund.

8.9 If your order includes a Bespoke or Made To Order item that has been manufactured, but not yet dispatched, then it will be at the Company’s discretion as to whether we accept the cancellation request. If we do, we reserve the right to charge up to 50% or £50 (whichever is higher) of the order price as appropriate.


9. Cancellation by Us

9.1 We reserve the right not to process your order if any of the following apply:

9.1.1 We have insufficient stock to deliver the goods you have ordered

9.1.2 We do not deliver to your area

9.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers

9.2 If we don’t process your order for any of the above reasons, we will notify you by email and will refund to you any sum deducted by us against your credit/debit card or bank/paypal account as soon as possible, but in any event within 30 days.


10. Liability

10.1 If any goods or services are defective due to defective workmanship or material, we shall (at our option) repair or replace such goods (or the defective part) or refund the price of such defective goods:

(a) you give us written notice of the defect within seven days of the date of delivery or completion of the services or, in the case of a defect which is not discoverable upon reasonable examination, within seven days of the time when you discover or ought to have discovered the defect (and in any event within twelve months from the date of delivery or completion of the services);

(b) we are given a reasonable opportunity after receiving notice to examine such goods and/or services (in situ) and (if asked to do so by us) you return such goods to our place of business for the examination to take place there;

(c) you do not make any further use of such goods after giving such notice;

(d) the defect is not due to wilful damage, negligence (other than ours), fair wear and tear, alteration or repair of such goods without our prior written consent or incorrect storage, application, movement, installation, commissioning, use or maintenance of the goods (other than by us); and

(e) the defect is not due to any act or omission of you, your agents or contractors.

10.2 Our entire liability for defective goods and services is set out in 10.1 and in particular we shall not be responsible for either the cost of removing the goods from any place where they are installed or fixed (or making good the place after removal) or for the cost of installing or fixing any repaired or replacement goods unless due to our defective service.

10.3 On request, we will provide information about any manufacturer’s guarantee offered and available to you in respect of the goods but we are not legally responsible for any obligation under manufacturer’s guarantees. Where the goods contain a warranty or guarantee offered by us please refer to the special conditions applicable on our website or available upon request.

10.4 Save as expressly set out in these terms, all warranties and other terms implied by statute or common law (save for the term implied as to title) are, to the fullest extent permitted by law, excluded from the contract.

10.5 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price.

10.6 We shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or loss of anticipated savings, in each case whether direct, indirect or consequential, or any other indirect losses whatsoever and howsoever caused.

10.7 Nothing in these terms excludes or limits our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation; and (c) any other matter which it would be illegal for us to exclude.

10.8 Where goods are manufactured in compliance with any designs, specifications or drawings supplied by you or your customer, you shall indemnify us against all proceedings, costs, claims, losses or demands in respect of any infringement or alleged infringement of any intellectual property rights whatsoever of third parties in any part of the world.

10.9 We do not accept any liability for any order where we have suggested a suitable product.

10.10 We do not accept any liability for any loss, damage or injury arising as a consequence of any reliance placed upon the installation and/or calculation guides we provide, whether by a user of our Digital Services or by anyone who may be informed of their contents.


11. Notices

Unless we expressly state in these Terms and Conditions, all Notices from you to us, must be in writing and sent to our contact address at Jactin House, Hood Street, Ancoats, Manchester, M4 6WX. All Notices from us will be displayed on our website from time to time.


12. Changes to Legal Notices

We reserve the right to change these Terms and Conditions from time to time without notification and so we advise customers to check them on our Website before placing an order to check for any updates.


13. Law, Jurisdiction and Language

This website and any content contained therein and any contract brought into being as a result of usage of this website are governed and construed in accordance with English Law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.


14. Invalidity

14.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.


15. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy 


16. Third Party Rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.