Delivery and Refunds Policy

Gardenscapes Design & Build Ltd

Registered address:

22 West Street

Dorking

Surrey

RH4 1BY

VAT number: 420426733

E-mail: [email protected]

Telephone number: 01306 320387

Website: https://www.gscapes.co.uk/

Our Delivery and Refund Policy is to be read in conjunction with our Terms and Conditions, which will be provided to you either before or at the initial consultation, whichever is sooner. It is important that you read this document along with the Terms and Conditions carefully, as we will cross reference the applicable clauses below.

For products that we sell, as these will be provided via a “dropshipping process” by our Suppliers, we will follow their refund/exchange policy and warranty periods. We have listed our current Suppliers and products in Appendix A at the end of this policy, for ease including their websites.

1. DELIVERY POLICY

On receipt of full payment (unless we agree otherwise), we take steps to obtain the products from our Suppliers.

We will notify you once the products are available for delivery and/or for installation purposes at your premises. We agree on a mutually convenient time to install the products at your premises with reasonable advance notice.

As we use a pallet service, nearly all of the deliveries will take place during Monday – Friday from 9am – 5pm (excluding bank holidays) and you will be contacted in advance to arrange a convenient date for delivery.

Please bear in mind that we have no control over any unexpected delays that may arise by our Suppliers for the product/s being delivered. We will however, do our best to keep you updated and would also refer you to our Terms and Conditions as to your rights and obligations in respect of purchase of products with us.

Furthermore, the relevant clauses from our individual Suppliers’ own Terms and Conditions on delivery, risks and performance apply depending on which products you order. As we work with a number of Suppliers for our products (see Appendix A) they will each have their own Terms and respective processes.

In summary the following policy applies to all products:

Unless agreed otherwise, once products have been delivered the risk passes to you being in receipt of the products.

If you cancel an order for one of the products before our Supplier has dispatched it, there might not be a charge but we will update you on this, either way.

If the products are made available to you at a point other than the Supplier’s premises, then you will be responsible for both delivery by lorry and the off-loading, unless agreed otherwise either with us.

Our Suppliers aim to do their best to comply with agreed delivery dates but neither they nor us will be liable for any unexpected loss, damage or expense arising from a delay and/or failure in delivery or performance from any cause, whatsoever. In addition, neither will any such delay or failure allow you to unreasonably refuse to accept the delivery/performance of delivery and/or repudiate the contract you have with us.

It is your full responsibility to provide correct details for the delivery address in order for our Suppliers to be able to deliver the products, as agreed with us.

Depending on the products ordered and given that we dropship our products via a number of Suppliers, you may receive products on separate dates. We thus cannot guarantee delivery on the same date for all products.

If a Supplier’s courier arranges to deliver the said products to you on the agreed date but you are no longer available and/or you have not notified us in advance to rearrange with 48 hours’ notice and/or you refuse the delivery, then you will be responsible for the delivery fees/losses and compensation owed to us. This also includes the delivery and administration costs for the rearranged date by us.

2. REFUNDS AND CANCELLATION POLICY

Faulty Products or Poor Service:

Products

Please see clauses 12.2 and 12.3 of our Terms and Conditions on how to notify us of a problem with a product or our services.

It is important to follow our complaints process so that our customer services team can promptly rectify any concerns that you have and/or provide a suitable resolution without delay. We also advise you to refer to our Supplier’s warranty and refund/exchange policy. We will provide this to you and will contact our Supplier in order to investigate any items deemed to be faulty.

We will provide you a full refund if your goods (products are found to be “faulty”) within 30 days of receipt.

Depending on the type of product, the length of time you have had it and the manufacturers’ terms and conditions, we will in the first instance, try to repair or replace them from you. Failing this we will provide you with a full refund, unless we state otherwise.

For goods you have had for much longer, we would expect them to last a reasonable length of time subject to reasonable wear and tear. If we agree that this has not been the case we will consider providing you with a partial refund if we cannot repair or replace the products for you.

Our design and installation services

Please contact our customer service team, if you are unhappy with our services. This will allow us to investigate the matter for you and if it’s not been carried out with reasonable care and skill, we can carry out the service to repair this for you or we will provide a partial refund where we cannot rectify it. We will do our best to assist you.

Clause 10.2 of our Terms and Conditions:

If you are ending your contract with us for any of the reasons specified under clauses 10.2 (a)-(e) of our Terms and Conditions then we agree to provide a full refund for any services not provided/not provided properly.

Significant changes to your order by us:

In the event that we make significant changes to any aspect of our services/products and our main Terms and Conditions, you will be provided with advance notice by us. However, we appreciate that you may not agree to a significant change/significant changes to the contract, for whatever reason. In this circumstance you will be entitled to cancel the contract and receive a full refund before the significant change has taken effect.

If you wish to cancel for any other reason:

The contract will be deemed cancelled when you provide written notification to us of your cancellation, provided it is before the installation process is completed.

In the event of termination of the contract, we may impose an administrative charge/reasonable compensation for losses and costs to be paid on your final invoice for work we have done including costs for products.

All invoice payments (whether in full or part) and deposits paid by you are non-refundable if they fall outside of the “cooling-off” period or any other exceptions specified within this policy and our Terms and Conditions.

We will confirm receipt by email or letter and thereafter notify you of ending our performance of the contract with immediate effect.

However, all outstanding sums, as specified within the final invoice will still be due within 7 days.

Please see clause 13 of our Terms and Conditions titled “Price and Payment”. We may also have to charge interest on late payments in line with clause 13.5 of our Terms and Conditions.

Cancellation Process

If you decide to cancel your order, the following procedure applies:

Within 7 days, please send us an email to [email protected] explaining to us that you wish to cancel your contract and the reason why and/concerns; or you can send us a signed and dated letter to our registered office by post (we suggest signed-for delivery if using Royal Mail). A verbal cancellation will not be accepted but you are welcome to telephone our customer service team to discuss any queries you may have.
We will acknowledge your request by the same method of written communication you have used (i.e. email or signed-for post).
It is important that you do not delay in contacting us, as this may lead to irreversible additional installation/design/product costs that we may not be able to refund.
Once we receive your cancellation request we will cancel your contract with us.
If after cancelling, you change your mind and wish to continue with your booking then the lead time starts again from the date of reordering and you must notify us by post or email as per the methods above. However, we may not be able to “backdate” our services.
If it concerns a significant change by us to your order then we will contact you to arrange for a full refund, provided you have requested your cancellation before the significant change takes effect.

Please follow our complaints process under clauses 12.1 – 12.3 of our Terms and Conditions to report a problem with our products/services or to make a complaint. This also includes following our process to return rejected products pursuant to clause 12.3.

If We End Our Contract

We reserve the right to cancel the service (or any aspect of the service) and/or products where:

Circumstances where we will not charge you:

We are unable to complete the design and/or installation process due to limits on resources, if we feel we cannot meet an installation/delivery deadline that you are provided to us and/or if we become aware of an error in the price or description of a product.

Circumstances where we may charge for all/part of our services:

You breach any of your obligations under the Terms and Conditions and/or this policy;
We are of the view or understanding that you have requested a significant change to the contracted goods and/or services since placing your order and one that we can no longer meet, for whatever reason;
You have not made payments due, have not provided information required to complete our services within a reasonable timeframe and/or failed to provide us with access to your premises for the supply of goods and services;
We are of the reasonable belief that our involvement might prejudice the reputation of Gardenscapes Design & Build Ltd; or
We are legally required to do so by legislative changes, regulations of England and Wales and/or instructions from an authority such as the police.

Other Refunds

If we realise that we have made an error with a price for our products or services, despite best efforts, we will notify you of this as soon as possible. If this is our error and it would not reasonably be apparent to you then we will be happy to refund you the difference in overpayment.

However, if the mispricing was unmistakable and/or we would reasonably expect you to have recognised this and we have commenced our work, we may decide to end the contract and provide a refund for sums you have already paid. We may feel that we cannot continue with our services in this situation.

Warranty Period

Our warranty for our installation service is 12 months in accordance with our Terms and Conditions, unless we state otherwise. We do not provide a warranty for perishable products and services. See the definition of “perishable” under our Terms and Conditions.

For all of our products provided via our “dropshipping” process via one of our Suppliers, we refer you to their respective warranty periods. Please ask us if you do not have this information. For more information on our Suppliers, please see Appendix A below.

Ideally, on delivery of products and services and throughout the warranty period the products and services shall:

Conform with their description and specification and
Be free from material defects in design, material and workmanship; and be of satisfactory quality.

However, we do appreciate this may not always be the case and will do our best to remedy the situation for you. You must notify us in writing and within the relevant warranty period when you discover if some or all of the products and/or our services were not of satisfactory quality.

We will require a reasonable opportunity to examine the products and services provided, which may include a site visit at your premises and liaising with our Suppliers to investigate. We would notify you of this in advance and agree a mutual time provided there is no unreasonable delay.

For products, you may be required to return them to our place of business and at your own cost, unless we agree otherwise.

In the event that products are found to be defective and/or faulty, we will arrange for the repairing and/or replacement of products or offer you a full refund, depending on the circumstances.

We will not be responsible for any defects that arise due to you failing to follow written or verbal instructions in respect of use, maintenance, storage and installation of the products and/or reasonable wear and tear of the same. Neither will we be responsible for any alleged defects to perishable goods.

The warranty period starts from the date of the supply of products and services to you.

APPENDIX A: LIST OF OUR CURRENT SUPPLIERS FOR PRODUCTS

**Please refer to Suppliers’ manuals for warranty and refund/exchange information.**

Mobilane:

LivePicture

LivePicture Go

LiveDivider Plus

Green Screen

Mobilane accessories

Mobiroof Eco

https://mobilane.com/en/

Note: If the courier has been unable to deliver the products at your premises because you were not available, they will leave a calling card and ask you to collect from the Supplier’s depot. The courier will automatically return the products to the depot.

Nova Outdoor Living:

Furniture

Pots

Pergolas

Firepits

Outdoor heating

Shading

https://www.novaoutdoorliving.co.uk/

Note: If products are in stock when you place an order, then it is normally delivered within 5 working days but in peak seasons it can take longer.

Napoleon:

BBQs

BBQ accessories.

https://www.napoleon.com/en/uk/barbecues

Note: No returns unless the products cannot be repaired. The Supplier will in the first instance aim to repair the products for you. Usual delivery is in 5 working days but during peak times it may take longer.

Stark & Greensmith:

Metal screens

Gates

Planters

Metal artwork

Posts etc.

https://www.stark andgreensmith.com/