Your statutory customer rights are not affected.
- ‘The Company’ means AG Building & Fencing Ltd of 9 Thirsk Place Derby DE24 8JJ
- ‘The Buyer’ The person, company or organisation purchasing goods or services from ‘The Company’, as shall be entered within the ‘customer’ section of all Company sales order/ecommerce/invoice documentation.
- ‘The Goods’ the items that the Buyer agrees to buy from the Company
- ‘Consumer’ meaning ascribed in section 12 of the Unfair Contract Terms Act 1977
- ‘Terms and Conditions’ means the Terms and Conditions of sale set out within this document and any special terms and conditions agreed in writing by the Seller
- ‘Third Party Courier’ means an assigned third party courier service that will deliver the purchased goods
- ‘POD’ means Proof of Delivery
Overview of Terms & Conditions
These terms and conditions shall apply to the sale and supply of ‘The Goods’ and installation services relating to ‘The Company’, to the entity hereby referred to as ‘The Buyer’. Any order placed by ‘The Buyer’ whether in person, by telephone, by mail or online (e-commerce) shall form a legally binding contract of sale, thus whilst the below terms are extensive, they are given to define and protect the due rights of both ‘The Buyer’ and ‘The Company’.
RETENTION OF TITLE/OWNERSHIP
Legal ownership of any goods supplied shall remain vested to ‘The Company’, until such time that full payment of order/invoice monies has been received from ‘The Buyer’.
Should the ‘The Buyer’ obtain goods without making full payment, ‘The Buyer’ accepts that ‘The Company’ retains the right to demand and receive immediate settlement of all outstanding monies prior to transfer of ownership, or the ‘The Buyer’ grants ‘The Company’ unrestricted access to reclaim the goods, at which point the order cancellation process shall be instigated. The saleable condition of the goods prior to any reclaim is sole the responsibility of ‘The Buyer’.
All pricing as shown upon ‘The Company’ literature and this web site are shown in (£) Pounds Sterling.
All pricing as shown upon ‘The Company’ literature and this web site are shown inclusive of the current prevailing rate of Value Added Tax (VAT). ‘The Company’ VAT number is GB216691305
All pricing as shown upon any branded literature provided, i.e.; manufacturer brochures, is provided for information only and does not form part of a sale. ‘The Company’ web site pricing shall prevail and apply at point of sale.
All goods as priced shall exclude delivery charge. Delivery charges will apply to the delivery of ‘The Goods’ when delivered to the address stated in the original booking.
‘The Company’ pricing is reviewed upon a calendar monthly basis, but revisions will be applied at any time for; (a: increases) material and manufacturer price rises, or (b: reductions) offers or promotions as defined.
‘The Company’ standard payment terms are full payment with order.
Payments are only accepted in (£) Pounds Sterling.
Payments are only accepted by the following means: BACS (electronic banking), PayPal, Visa, MasterCard, Visa Delta and Electron.
‘The Company’ actively strive to prevent credit/debit card fraud. All card-based orders without exception are subjected to cardholder name, address and other security checks as deemed essential.
‘The Company’ retain the right to undertake any third-party search as necessary, such as via ‘The Company’ card processing organisation, to satisfy that ‘The Buyers’ card details are valid.
It is the responsibility of ‘The Buyer’ to always provide their registered cardholder address when requested. Any processing delays caused by incorrect data provision will not be at the fault of ‘The Company’.
‘The Company’ reserves the right to alter the standard payment terms of any customer if deemed appropriate, or where special terms form part of a package deal or offer.
‘The Company’ reserves the right to reject orders should details supplied by ‘The Buyer’ fail to pass security checks detailed in above.
‘The Company’ shall aim to fulfil all orders at the earliest opportunity subject to availability of the items.
‘The Company’ delivery periods as published are given in good faith and are anticipated, based upon manufacturer guidance. Delivery can occur sooner or later than the anticipated timescales.
The delivery period will commence from point of cleared payment, thus (a) 5-10 working days upon card-based orders.
Delivery periods are provided in working days (i.e., 20 working days = 4 weeks), to account for the incidence of public holidays and that manufacturers transport typically operate weekdays only. Delivery can occur sooner or later depending on the date of sale.
Deliveries are made weekdays only, typically during the hours of 7.00am to 7.00pm, however this can vary by ‘Third Party Courier’. ‘The Company’ is not able to offer timed specific time deliveries unless items are purchased in store.
The party delivering on behalf of ‘The Company’ shall be instructed to contact ‘The Buyer’ to advise a delivery date near the term of their order. Notice may vary between 1 and 5 working days.
Product delivery (supply only) shall be to the kerbside or driveway only. It is at the discretion of ‘The Buyer’ should they decide to transit the goods to an alternative point upon the property of ‘The Buyer’. It is the responsibility of ‘The Buyer’ to ensure that ‘The Goods’ are being delivered to a clear and accessible drive way or kerbside.
As ‘The Company’ is the manufacturer of the some of the products, it cannot be held responsible for delay in delivery caused by; (a) the manufacturing process, or (b) third party such as a contracted carrier.
Should the delivery period extend beyond (whichever is longer) that published, subsequently notified or 30 days after the date of order ‘The Buyer’ can cancel their order without penalty.
It is the responsibility of the ‘The Buyer’ to provide free and unobstructed access for product delivery and subsequent usage. Any failed, abortive or return delivery charges shall be recovered from ‘The Buyer’ at cost.
All delivered goods have to be signed for (POD) by the ‘The Buyer’ or their appointed representative, at which point responsibility and risk of ‘The Goods’ shall pass to ‘The Buyer’.
‘The Company’ will not bear any abortive costs arising from ‘The Buyer’ due to a failed delivery, as the delivery process is operated by a ‘Third Party Courier’ and it is beyond the control of ‘The Company’.
“Expected”, “Typical”, “Anticipated” and “Estimated” delivery dates stated on ‘The Company’ website and associated literature do not imply guaranteed delivery dates.
It is the duty of ” The Buyer” to make themselves available to be contacted prior to delivery. Should ” The Company” or its chosen agent be unable to contact ” The Buyer ” the delivery of the order could be adversely affected or cancelled.
” The Company is not liable for delivery delays or failures caused by factors outside of “The Company” control including ” Acts of Nature” adverse weather conditions, road accidents, vehicle breakdown or personal illness.
Delivery shall only be made to a registered residential or commercial address. Delivery will not be made to Car park, waste ground, highways etc.
All products are sold and supplied for self-assembly only by ‘The Buyer’, unless otherwise stated.
Where an installation service option is shown and selected by ‘The Buyer’, this service will be undertaken at the stated cost in a diligent and professional manner.
Any quotation received from AG Building & Fencing Ltd is a no obligation quote.
Statement: Our Supply & fit service comes with 1 year Guarantee
‘The Buyer’ shall inspect the goods and notify ‘The Company’ within 14 days after the day of receipt of any shortages or damage to the said goods.
Shortage or damage should be reported with detail, either in writing to ‘The Company’ address, by email to email@example.com Pictures may also be requested by ‘The Company’
Upon approved claims within the period defined in 6.1, the manufacturer will forward the replacement parts usually within 5 to 10 working days, subject to the stock levels at the time of the request by ‘The Buyer’
- All goods are newly manufactured for sale or to order, as described upon ‘The Company’ web site. We do not retail seconds or ex-display products; thus, a return should be considered unlikely.
- A return or cancellation of supply only goods can be instructed up to 14 working days after the date of delivery as defined by the Consumer Rights Act 2015.
- ‘The Customer’ has no right to cancel at any time should their order include any modification or bespoke requirements agreed with the customer at the order stage.
- A return or cancellation should be made in a durable means as defined by the Consumer Rights Act 2015 being either in writing to ‘The Company’ address or by email to firstname.lastname@example.org
- It is the responsibility of ‘The Buyer’ to meet all product return costs, either by their own arrangement or at the direct cost levied to ‘The Company’. Stated, this provision is as per the Consumer Rights Act 2015.
- It is the responsibility of ‘The Buyer’ to retain possession and take reasonable care of the goods, until the goods have been returned to the possession of; ‘The Company’, the manufacturer or a carrier appointed by either.
- All return costs sought by ‘The Company’ shall be deducted from the order monies held, thus any refund to ‘The Buyer’ shall be passed less this return charge.
- Return costs are not fixed and are based upon variables such as product and location.
- Where ‘The Buyer’ instructs ‘The Company’ to undertake a collection and return, ‘The Company’ shall notify ‘The Buyer’ of the return charge in by email or telephone prior to undertaking the process.
- ‘The Company’ will not profit from any return charges received from ‘The Buyer’. A return charge will always equate to the cost ‘The Company’ expended.
- Reimbursement (refund) of cancelled order monies held, less the return delivery charge defined in 7, shall be made in a period not exceeding 30 days, as per the Consumer Rights Act 2015.
- Statute states that a product should be returned in its original condition, thus fit for re-sale as new. We shall therefore reject the return of any product where assembly has been commenced, thus rendering the product as ‘used’.
- ‘The Company’ is not liable for damages or issues caused by factors outside of ‘The Company’ control including “Acts of Nature”, adverse weather conditions, flooding, vandalism or accidental damage.
- Under the Consumer Rights Act 2015, ‘The Buyer’ has an right to reject goods that are unsatisfactory quality, unfit for purpose or not as described and to get a full refund. This right is limited to 14 days from the date ‘The Customer’ took ownership of the goods.
- If an item is faulty and needs to be returned, the customer does not have to pay the postage costs for the return of the faulty item. If the customer is asked to return an item that arrived damaged, not as described or faulty, the retailer should refund the total cost of the return as per the Consumer Rights Act 2015.
In the event of any complaint ‘The Buyer’ should initially make contact by telephone on 01332 986260, followed by a formal email complaint to email@example.com
For efficient handling, ‘The Buyer’ should state upon all correspondence; (a) their name, (b) their address, (c) their sales invoice number, (d) the product, and (e) a description of their complaint.
We shall endeavour to promptly resolve any complaint and/or respond with our stance. Should a response not be received within 10 working days, please send a “Second Request” for the attention of The Customer Service Manager.
It is the intention of ‘The Company’ to resolve any dispute fairly, amicably and to the satisfaction of all parties concerned at the earliest opportunity.
Information about us
Full company name AG Building & Fencing Ltd
Data Protection Officer Narek Galstjan
E-mail address firstname.lastname@example.org
Statement : We understand that your privacy is important to young that you can about how your personal data is used. We respect and value the privacy of everyone who visits this website www.agfencing.com and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law
What data do we collect?
Depending upon your use of our site we may collect some or all of the following personal information
- Email address
- Telephone number
- Business name
How will you use my personal data?
Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes :
- Communicating with you – this might include e-mails or calls from you.
- Supplying you with information by e-mail or post that you have opted-in to (you may unsubscribe or opt-out at any time).
- Analysing your use of our site and gathering feedback to enable us or to continually improve our site and your used experience.
- Personalising and tailoring our products and services for you.
- Supplying our products and services to you. Your personal details are required in order for to enter into a contract with you.
- Providing and managing your account.
With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by e-mail, telephone, text message or post with information, news and offers on our products services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the option to opt out.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures safeguarding and secure the information we collect online
Controlling personal information
You may choose to restrict the collection or use of your personal information in the following ways:
When asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by e-mailing us via the contact page
We will not sell, distribute or leave any of your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. If you believe any information we are holding on you is incorrect or incomplete, please e-mail us as soon as possible on email@example.com
We will promptly correct any information found to be incorrect.
For customer security of sensitive information, ‘The Company’ web site operates a secure e-commerce automated payment process, approved by all UK banks.
Should the product ordered by ‘The Buyer’ become unavailable, ‘The Company’ reserves the right to arrange the supply of an alternative product of a similar nature and value where appropriate or to arrange a refund for ‘The Buyer’.
It is the responsibility of ‘The Buyer’ to take reasonable care during the assembly and use of the product(s). ‘The Company’ shall not be held liable for any damage or personal injury caused by misadventure, negligence or misuse of the product(s).
These terms and conditions shall be interpreted in accordance with UK Law.
All sales conducted through ‘The Company’ are subject to these terms and conditions.