In these general Conditions the “Seller” means the Company Fence Stores Ltd, registered company number the “Buyer” means the person who buys or agrees to buy the Product from the Seller and the “Product” means the goods, materials, equipment or services (as applicable} including any instalment thereof or parts for them being sold, or agreed to be sold, by the Seller to the Buyer.
All sales made and all orders accepted are subject to the following Conditions:-
Any Conditions in a Buyer’s Order inconsistent with these Conditions shall not apply.
1. Variation of Conditions
No variation to these Conditions shall be binding unless agreed in writing, signed by an authorised official of each party.
2. Basis of the Sale
2.1 The Seller’s employees or agents are not authorised to make any representations concerning the Product unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representation which are not so confirmed.
2.2 Any advice or recommendation given by the Seller, or its employees or agents to the Buyer, or its employees or agents, as to the storage, application or use of the Product which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyers own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.3 Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be rectified by the Seller as soon as discovered and such errors and omissions shall not be binding upon the Seller nor permit the Buyer to vary the Contract or any of its terms.
3. Orders and Specifications
3.1 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification} submitted by the Buyer and for giving the Seller any necessary information relating to the Product within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.2 The Seller reserves the right to make any changes in the specification of the Product which are required to conform with any applicable statutory or EC requirements, or where the goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
3.3 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnity the
Seller in full against all loss (including loss of profit}, costs (including the cost of all labour and materials used}, damages, charges and expenses incurred by the Seller as a result of the cancellation.
4.1 In the case of all Products sold, unless the Seller expressly provides otherwise, the price payable by the Buyer for each delivery shall be the Seller’s current price at the date of despatch, to which should be added any Value Added Tax or any other tax or duty relating to the manufacture, transportation, import, sale or delivery of the Product, together with any appropriate freight, carriage or related charges specified in the relevant carnage tariff at the date of despatch.
4.2 The Seller reserves the right, by giving notice to the Buyer at any time before delivery to increase the price of the Product to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, where the fluctuation exceeds 5%, currency regulation, alterations of duties, significant increases in the costs of labour, materials or other costs of manufacture, any change in delivery dates, quantities of specifications for the Product which is requested by the Buyer, or any delay caused by any instructions of the Buyer, or failure of the Buyer to give the Seller adequate information or instruction) and on giving the Buyer the option of cancelling the Contract.
4.3 The prices displayed on the DuoDeck website are largely the same as the prices charges in the Fence Stores branches, however we may offer different prices for products purchased from the website. These prices may be higher or lower than in our Depots.
4.4 Our site contains a large number of products, and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced.
4.5 All prices are subject to change without prior notice.
4.6 We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an order confirmation e-mail.
All quotations, unless a contrary intention appears on the face thereof, are open for acceptance for a period of 28 days there. Any acceptance received late may be accepted by the Seller in its discretion, in which case it shall be binding upon the Buyer.
6 – Collection and Delivery
6.1 Collection of the Goods by the Customer from our premises will be at a time after we have notified you that the Goods are ready. Customers who are collecting must do so with an appropriate vehicle which a forklift truck can load, such as a flatbed truck or trailer etc.
If the Goods are required by the Customer to be delivered by us:
6.2 Any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed as such by us in writing. We may deliver the Goods in advance of the quoted delivery date upon giving you reasonable notice.
6.3 If we fail to deliver the Goods for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to our delivery charge.
6.5 Where we are to deliver goods:
a) risk of damage to or risk of loss of the Goods to be delivered shall pass to the Customer at the time of the delivery;
b) it is the Customer’s responsibility to inform us of any access restrictions for deliveries, failure to do so may result in the delivery being postponed and a redelivery charge being incurred;
c) delivery will be as near to the place where you require delivery to be made as in our discretion a safe hard road permits, this will be at our driver’s discretion. In all other circumstances we will not accept any liability for any damage caused by the vehicle or driver.
d) you shall be responsible for the safe unloading and storing of the Goods and we shall not be liable for any damage that occurs in the course of unloading. A maximum period of one hour is allowed for the purpose of unloading each vehicle (unless we otherwise agree in writing) and if the unloading period for any reason extends beyond one hour you will be charged on a time and cost basis at our current rates; and
e) it is the Customers responsibility to arrange safe offloading of the goods. Where mechanical offload is unavailable or unsuitable, appropriate assistance must be provided by the Buyer to assist with manual offload.
f) If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without prejudice to any other right or remedy available to us, we may: store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or sell the Goods at the best price readily obtainable and (after deducting all reasonable delivery, storage, selling and administrative expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract.
g) When your goods are delivered these are sometimes delivered on a pallet with the necessary associated packaging to ensure they arrive with you in the best possible condition. We view the pallet and packaging as necessary for the protection of the goods and therefore will be a part of what is delivered to you. It is your responsibility to dispose of these items in a responsible manner when appropriate.
7. Rejection of Orders
The Seller reserves the right to reject an order on giving written notice thereof to the Buyer within seven days of the receipt of the order. In the event of such rejection, no liability shall accrue to the Seller.
8.1 Any defects in the product howsoever arising must be notified in writing to the seller by the Buyer within 14 days of their receipt.
9.1 The company operates a 30 day returns policy in line with the Consumer Rights Act of 2015
9.2 You must notify the company of your wish to return goods with 14 days of receipt of the goods, this must be done in writing by email to email@example.com accompanied by a copy of your proof of purchase
9.2.1 In the case of faulty/damaged goods you must accompany your email with photographs of any issues for our records.
9.3 The company will not collect non faulty goods being returned, it is the buyer’s responsibility to return any non-faulty goods to the company’s premises at Chapel Lane, Parley, Christchurch, Dorset, BH23 6BG.
9.4 Any goods the company, or representative of, agree can be returned must be returned within 14 days of the company’s agreement to accept the return
9.5 Once non faulty goods are received the company will inspect the goods. Subject to the goods being returned to us on perfect re-sellable condition we will issue you with a refund. We reserve the right to withhold any refund, or part thereof, in the case of the goods being returned to us in a less than re-sellable condition
9.6 Once faulty goods are received the company will inspect the goods and investigate the issues for quality purposes and we will then issue you with a refund or replacement goods. We reserve the right to withhold any refund, or part thereof, in the case of the goods being returned to in condition otherwise described and demonstrated in section 9.2.1 above
9.7 All refunds will be processed using the same method used when payment was made and will be issued with 7 days of the company’s receipt of the items and proof of purchase
9.8 All non-faulty goods returned to the company are subject to a 15% re-stocking charge.
9.9 The company will only refund delivery charges for any order where the company feels it is at fault and the goods are being returned due to the actions of the company
9.10 Any items returned to the company outside of the 30 day return period and/or without advising will not be subject to the company’s 30 day return policy and the company reserves the right to refuse the return of these goods
9.11 Where the buyer returns goods which were purchased using a credit card or via Worldpay the seller is entitled to deduct an additional 3% of the purchase price from the value of the refund due to surcharges incurred by the seller at the point of sale
9.12 Any goods supplied by the company as bespoke, cut to length or custom made are not subject to the above returns policy and cannot be returned at any point unless deemed faulty by the company
Samples submitted for approval to be accepted as showing general character and substance only. Equality of the bulk in colour, size or shape cannot be guaranteed.
11. Company Information
DuoDeck is a registered trademark of Fence Stores Ltd. DuoDeck and DuoGroove is the brand owned and operated by Fence Stores Ltd, Chapel Lane, Parley, Christchurch, BH23 6BG. Company Number 3162473.