These terms and conditions and the Web Site Disclaimers apply to use of the Ornategarden.com Web Site. By accessing this Web Site and/or placing an order You agree to be bound by both these Terms and Conditions, the Privacy Policy and the Web Site Disclaimers. Please read through the Terms and Conditions carefully and then print a copy for future reference. If You do not agree to be bound by these Terms and Conditions and the Web Site Disclaimers, You may not use or access this Web Site.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS. .

These Terms and Conditions apply only to purchases of Goods from Our online shop. You may browse Goods from Our online shop in order to purchase them from our ornategarden.com agent. A binding contract between You and Us for purchase of these Goods will not be formed until We sell You those Goods through our ornategarden.com agent. Therefore, only some of these Terms and Conditions apply to sales through a ornategarden.com agent. .

1. Basis of Contract
1.1 Any reference to “Web Site” is to a Web Site owned and operated by Ornategarden.com. “We, Us, Our, Ourselves” means Ornategarden.com. “You, Your, Yourself” means the person who uses the Web Site. “Goods” means the Goods available for purchase on Our Web Site and ordered from Us by You.
1.2 These terms and conditions shall govern the use of Our Web Site and the purchase of Goods to the exclusion of any other terms and conditions.
1.3 These terms and conditions supersede all terms and conditions and shall replace any terms and conditions previously notified to You.
1.4 No variation to these terms and conditions shall be binding on Us unless agreed in writing between You and one of Our authorised representatives.
1.5 Our employees and/or agents are not authorised to make any representations or warranties concerning Our Web Site and/or the Goods unless confirmed by Us in writing.
1.6 You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these terms and conditions.
1.7 We may modify these Terms and Conditions at any time. Your continued use of the Web Site shall be deemed to be Your acceptance of any modification which will apply to any subsequent orders placed by You.
1.8 We will not keep a copy of Our Contract with You and therefore, You should print off and keep a copy of these terms and conditions, being Our Contract with You, for Your records. .

2. Orders

2.1 We shall have the right to refuse to accept any orders placed for Goods.
2.2 You shall be responsible for the accuracy of an order and for giving Us any information necessary for Us to perform the Contract.
2.3 No order for Goods shall be deemed accepted by Us until We send an order confirmation e-mail to You.
2.4 Goods are subject to availability and due to the seasonal nature of Our business, some Goods may not be in stock at the time of Your order. We aim to inform You of the availability of Goods by displaying such information on the Web Site when You browse the Goods. However, if the information is displayed incorrectly and We are unable to supply You with the Goods due to the fact that they are out of stock, We will inform You by e-mail, as soon as possible. You will be given the option of (i) waiting until the Goods are in stock when We will perform the Contract; (ii) choosing Goods of an equivalent price and quality or (iii) cancelling Your affected order and obtaining a full refund if We have already received payment from You for the cancelled Goods.
2.5 We do try to make sure that all details contained within the Web Site are as accurate as possible. On the rare occasion that there is an error, We will advise You about it as soon as possible.
2.6 Please note that any details and/or specifications of the Goods produced by Us (including but not limited to any photographs of the Goods) are intended as a guide only and only give a general approximation of the Goods. For example, the actual colour of the Goods may vary from the colour in the accompanying photograph depending on Your monitor display. .

3. Children
3.1 We will not accept orders for the Goods from anyone under the age of 18 years. By using the Website and/or placing orders for the Goods, You confirm that You are aged 18 years or over. .

4. Cancellation
4.1 Where applicable, You may cancel Your order in accordance with Your rights under the Distance Selling Regulations.
4.2 You have the right to cancel the contract for the purchase of Goods within seven working days of delivery of the Goods to You.
4.3 The ability to cancel orders does not apply to Goods which have been worn, washed and/or otherwise used.
4.4 To cancel Your order You can email Us at sales@ornategarden.com with Your instructions, entering the words ‘Order cancel’ in the subject title, or write to Us (see Our Details section at the end of the Terms and Conditions) within 7 working days of delivery of Your items, quoting Your order number. We will issue You with a returns number. You must take reasonable care of the items whilst they are in Your possession and You must not use them. Please return the Goods to Us in their original packaging, quoting the returns number. We advise that You return any Goods using registered post in order to ensure their safe return.
4.5 We will only refund the purchase price (if We have received payment of the price) when We have received the Goods from You in an undamaged state. Returns will be at Your cost.
 

5. Delivery
5.1 Dates and times for delivery are estimates only and are not guaranteed. They are also subject to any matter beyond Our reasonable control. Details of delivery are set out on the Web Site where You browse the Goods.
5.2 You shall have no right to reject Goods and no right to rescind the Contract for late delivery unless the due date for delivery has passed and You have served on Us a written notice requiring the Contract to be performed and giving Us not less than 14 days in which to do so and the notice has not been complied with.
5.3 We shall not be required to fulfill orders for Goods in the sequence in which they are placed. We will also only deliver orders if all of the Goods in an order are available. We are not required to deliver orders in installments.
5.4 Delivery can only be made to mainland UK and Northern Ireland addresses. We may deliver overseas but this is only upon special arrangement and You must contact Us for details of prices and availability. .

6. Price and Payment
6.1 The price You pay is the price displayed in respect of the relevant Goods on this Web Site at the time We receive Your order plus the applicable delivery charges.
6.2 Delivery charges and prices are subject to change.
6.3 All prices are inclusive of VAT (where applicable) at the current rate.
6.4 While We try and ensure that all prices on Our Web Site are accurate, errors may occur. If We discover an error in the price of the Goods You have ordered We will inform You as soon as possible and give You the option of either reconfirming Your order at the correct price or cancelling it. If We are unable to contact You We will treat the order as cancelled. If You cancel an order due to an error in price and We have already received payment for the affected Goods, You will receive a full refund.
6.5 Payment is due at the time You place Your order. We use a third party, Streamline, to take Your payment for the Goods by either debit or credit card. By ordering Goods from Our Web Site You are giving Us Your consent to pass details essential for purchasing Goods to Streamline. We will not store these payment details and Streamline will. .

7. Property and Risk
7.1 Risk in the Goods shall pass to You at the time of delivery. Delivery shall be deemed to occur at the time when the Goods arrive at the delivery address provided to Us by You. .

8. Returns
Faulty Goods
8.1 If You discover the Goods are faulty, You must notify Us of the defect within 7 days of the date of delivery or within a reasonable period of time of discovery (if the defect was not readily apparent).
8.2 We may inspect the Goods, either by:
8.2.1 asking You to return the Goods to Us; or
8.2.2 by sending a ornategarden.com Agent in person to inspect the Goods in Your possession to assess whether the Goods are faulty.
8.3 If We agree with You that the Goods are faulty, and that the fault was not caused by Your neglect or misuse of the Goods, We will, at Your choice, replace, refund or repair (if possible) the faulty Goods at no cost to You. We will refund any reasonable costs You prove that You have incurred in returning the faulty Goods to Us. We recommend that You keep postal receipts for this purpose. .

Incorrect Goods
8.4 If We send You incorrect Goods, You must notify Us as soon as You discover the mistake and within a reasonable period of time.
8.5 We will either:
8.5.1 arrange for Our carrier or ornategarden.com Agent to collect the Goods from You; or
8.5.2 ask You to return the Goods to Us by post; or
8.5.3 at Our sole option, ask You if it is convenient to return the Goods to one of Our Ornategarden.com Agents
8.6 We will either, at Your choice:
8.6.1 send You the correct items as soon as possible after receipt of the returned Goods; or
8.6.2 refund the price of the Goods and delivery unless if, following Our request and Your agreement, You return the Goods to one of Our Ornategarden.com Agents, We will replace them there. .

9. Data Protection
9.1 When You Use Our Web Site, You will be asked to provide certain personal information such as Your contact details, credit card or other payment information. We will store the personal that You provide to Us on computers or otherwise and will not store credit or debit card information.
9.2 We will comply with the requirements of all Data Protection legislation in force in England and Wales from time to time. Further details about Our approach to Data Protection is contained in Our Privacy Policy, which We recommend You read. .

10. Liability
10.1 We shall have no liability to You for any loss of profits, business or revenue, damage to goodwill, economic and/or other loss that was not reasonably foreseeable at the time You entered into this Contract.
10.2 Nothing in this Contract shall exclude or limit Our liability for death or personal injury due to Our negligence, fraud and/or any of Your statutory rights which may not be excluded or limited due to You acting as a consumer and/or due to any applicable law. Any provision, which would be void under any consumer protection legislation or other legislation, shall, to that extent have no force or effect. For further information about Your statutory rights, please contact Your Local Authority Trading Standards Department or Citizen’s Advice Bureau.
10.3 We do not guarantee that Our Web Site will be compatible with Your PC, and We accept no liability for any corruption or loss of data held on Your PC, or any liability for any other loss or damage of any kind caused to Your PC resulting from the use of Our Web Site. .
 

11. General
11.1 No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or other provision.
11.2 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
11.3 We shall have no liability to You for any delay in performance to the extent that such delay is due to any event outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. If We are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
11.4 All third party rights are excluded and no third party shall have any right to enforce this Agreement.
12.5 The laws of England and Wales shall govern the contract between Us and any dispute between Us will be resolved exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract. .

12. Our Details
Head office:
Farmers Cottage Lamps
Castle Lane
Maxstoke
Coleshill
Birmingham
B46 2RA.

Email: sales@ornategarden.com.

T: +44 (0) 1675 462 857

Huuden

1. Introduction

   1. These terms and conditions shall govern the sale and purchase of products through our website.
   2. You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
   3. This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

2.  Interpretation

   1. 1. In these terms and conditions:”we” means HUUDEN UK; and “you” means our customer or prospective customer, and “us”, “our” and “your” should be construed accordingly.

3. Order process

   1. The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
   2. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section
   3. To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; you must then insert payer’s details, receiver’s details and delivery address; you must select your preferred method of payment and confirm your order and your consent to the terms of this document; by selecting an invoice payment we will send you an order confirmation (invoice) by email after you have completed your checkout procedure (at which point your order will become a binding contract); with card, PayPal and other online payments you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement and order confirmation (at which point your order will become a binding contract).

4. Products

   1. The following types of products are or may be available on our website from time to time: wooden garden buildings, grills, ovens, play houses, climbing frames, wood fired hot tubs, bathing barrels, sauna cabins and Finnish BBQ huts.
   2. We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5. Prices

   1. Our prices are quoted on our website.
   2. We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
   3. All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
   4. It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
   5. In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force. You can find very detailed information in our “Delivery Policy”.

6. Payments

   1. You must pay the prices of the products you order during the checkout process or within stated period if you choose offline payment (invoice payment or similar). Payment must be made in full in cleared funds at least 2 working days before delivery or collection if you have arranged collection from us.
   2. Payments may be made by any of the permitted methods specified on our website. Cheques, Bankers Draft or Printed Building Society Cheques are not accepted as cleared funds (as they can be fraudulent) and must be received by us a minimum of 10 working days before delivery/collection.
   3. If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered or cancel the contract of sale for the products by written notice to you at any time.
   4. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request: an amount equal to the amount of the charge-back and all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
   5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount. We reserve the right to charge-back all our reasonable costs, losses and expenses incurred in recovering the amounts outstanding (including without limitation legal fees and debt collection fees).

7. Deliveries

   1. Our policies and procedures relating to the delivery of products are set out in this Section 7 and in our delivery policy document.
   2. We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
   3. We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation.
   4. We will only deliver products to addresses on the UK mainland. We may from time to time agree to delivery products to other countries and territories.

8. Distance contracts: cancellation right

   1. This Section 8 applies if and only if you offer to contract with us as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
   2. You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period: beginning upon the submission of your offer; and ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them; if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them.
   3. In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel. You may inform us by means of any clear written statement by email setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel by email before the cancellation period has expired.
   4. If you cancel a contract on the basis described in this Section 8, you must send the products back to us or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
   5. If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer.
   6. If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.
   7. We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
   8. Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
   9. You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to: the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised; the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.

9. Warranties and representations

   1. You warrant and represent to us that: you are legally capable of entering into binding contracts; you have full authority, power and capacity to agree to these terms and conditions; all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
   2. We warrant to you that: we have the right to sell the products that you buy; the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions; you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions; the products you buy will correspond to any description published on our website; and the products you buy will be of satisfactory quality.
   3. All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.
   4. We warrant that the products will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of their initial use or 6 months from delivery, whichever is the first to expire. Extended warranty period applies to wood fire hot tubs (2 years), climbing frames (2 years) and all wooden garden buildings (5 years).
   5. The warranty for wooden garden buildings does not cover: peculiarities of wood as a natural material; colour tone variations caused by wood structure differences that do not influence wood life time; wooden details containing small cracks and gaps caused by drying; twisted wooden details if they can nevertheless be installed; complaints resulting from an incompetent manner of the installation of the building or the building subsiding due to an incompetently made foundation; complaints caused by introducing self-initiative changes to the building; deformation of wooden details due to an incompetent manner of wood processing and insufficient care and maintenance.

10. Limitations and exclusions of liability

    1. Nothing in these terms and conditions will: limit or exclude any liability for death or personal injury resulting from negligence; limit or exclude any liability for fraud or fraudulent misrepresentation; limit any liabilities in any way that is not permitted under applicable law or exclude any liabilities that may not be excluded under applicable law and if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
    2. The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions are subject to Section 10.1 and govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
    3. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    4. We will not be liable to you in respect of any business losses, including loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    5. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
    6. Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.

11. Order cancellation

    1. We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if you fail to pay, on time and in full, any amount due to us under that contract.
    2. You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
    3. We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

12. Consequences of order cancellation

    1. If a contract under these terms and conditions is cancelled in accordance with Section 11 we will cease to have any obligation to deliver products which are undelivered at the date of cancellation. You will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation.

13. Scope

    1. These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
    2. These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
    3. These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

14. Variation

    1. We may revise these terms and conditions from time to time by publishing a new version on our website.
    2. A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

15. Assignment

    1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and obligations under these terms and conditions, if such action does not reduce the guarantees benefiting you under these terms and conditions.
    2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. Nowaivers

    1. No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
    2. No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.

17. Severability

    1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. Third party rights

    1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
    2. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

19. Entire agreement

    1. Subject to Section 10.1, these terms and conditions, together with our terms and conditions of use, delivery policy and our returns policy shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

20. Law and jurisdiction

    1. These terms and conditions shall be governed by and construed in accordance with English law.
    2. Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

21. Statutory and regulatory disclosures

    1. We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
    2. These terms and conditions are available in the English language only.

22. Our details

    1. This website is owned and operated by Eebeni Arendus Ltd and is licensed to MJG Timber Ltd.
    2. We are registered in England and Wales under registration number: 9472825 and our registered office is at: 11 De Grey Square, De Grey Road, Colchester, CO4 5YQ, United Kingdom.
    3. Our principal place of business is at: MJG Timber Ltd, The Gatehouse, 1 Riverside Place, Colchester, Essex, CO1 2ZG, United Kingdom.
    4. You can contact us by telephone 01206 581744 or by email: sales@huuden.co.uk