WEBSITE TERMS AND CONDITIONS OF SALE OF BWC GREENHOUSES LIMITED
1. THESE TERMS
1.1 What these terms cover.
These are the terms and conditions on which we supply goods to you through our website www.evika.co.uk.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
We are BWC Greenhouses Limited, a company registered in England and Wales under company number 05640029, with our registered office and main trading address at 1 Vincent Avenue, Crownhill, Milton Keynes, MK8 0AN.
2.2 How to contact us.
You can contact us by telephoning our customer service team at 020 3011 2030 or by writing to us at firstname.lastname@example.org or at BWC Greenhouses Limited, 1 Vincent Avenue, Crownhill, Milton Keynes, MK8 0AN.
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2.5 Any reference in these terms to "this contract" shall also be deemed to be a reference to these terms.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order.
Our acceptance of your order will take place once you have made payment for the goods with your order (subject to the provisions of clause 12.4), at which point a contract will come into existence between you and us (subject to the provisions of clause 3.2).
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this by e-mail or telephone and any payment that you may have already made for the goods will be refunded to you. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR GOODS
4.1 Descriptions of the goods.
All description of the goods which appear on our website are there for the purpose of providing general information regarding the goods and shall not form part of the contract between you and us.
4.2 Goods may vary slightly from their pictures.
The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display all colours and finishes accurately, we cannot guarantee that a device's display of the colours or finishes accurately reflects the colour or finish of the goods. Your goods may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements and other physical properties of the goods indicated on our website are subject to reasonable manufacturing tolerances.
5. YOUR RIGHT TO MAKE CHANGES
5.1 If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHT TO MAKE CHANGES
6.1 Minor changes to the goods. We may change the goods:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
7. SUPPLYING THE GOODS
7.1 Delivery costs.
The costs of delivery are included in the price of the goods.
7.2 When we will supply the goods.
We will e-mail a confirmation advising you of the estimated delivery date, which will usually be within 5-7 working days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control.
If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
7.4 If you are not at home when the goods are delivered.
If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery. Please note that rearranged deliveries will be charged at cost. For information regarding our current re-delivery charges, please call our customer service team on 020 3011 2030 or write to us at email@example.com or at BWC Greenhouses Limited, 1 Vincent Avenue, Crownhill, Milton Keynes, MK8 0AN.
7.5 If you do not re-arrange delivery.
If, after a failed delivery to you, you do not re-arrange delivery, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. For information regarding our current storage charges, please call our customer service team on 020 3011 2030 or write to us at firstname.lastname@example.org or at BWC Greenhouses Limited, 1 Vincent Avenue, Crownhill, Milton Keynes, MK8 0AN. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 10.2 will apply.
7.6 Your legal rights if we deliver late.
You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if you told us before we accepted your order that delivery within the delivery deadline was essential.
7.7 Ending the contract for late delivery.
If you do choose to treat the contract as at an end for late delivery under clause 7.6, you can cancel your order for the goods or reject goods that have been delivered. After that, we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must return them to us at BWC Greenhouses Limited, 1 Vincent Avenue, Crownhill, Milton Keynes, MK8 0AN. We will refund the return carriage costs up to a maximum of what we would charge for re-delivery of the goods by the least expensive delivery method we offer.
7.8 When you become responsible for the goods.
The goods will be your responsibility from the time we deliver the goods to the address you gave us.
7.9 When you own the goods.
You will own the goods once we have received payment for them in full.
7.10 What will happen if you do not give required delivery information to us.
We will need certain delivery information from you so that we can supply the goods to you. If you do not give us this information, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us any required delivery information.
7.11 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:
(a) deal with technical problems with the goods or make minor technical changes to the goods;
(b) update the goods to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the goods as requested by you or notified by us to you (see clause 5 and clause 6).
7.12 Your rights if we suspend the supply of goods.
We will contact you in advance to tell you that we will be suspending the supply of the goods, unless the problem is urgent or an emergency. If we have to suspend the supply of the goods for longer than 30 days you may contact us to end the contract and we will refund any sums you have paid in advance for the goods.
7.13 We may also suspend supply of the goods if you do not pay.
If you do not pay us for the goods when you are supposed to (see clause 12.4) and you still do not make payment within 10 days of us reminding you that payment is due, we may suspend the supply of the goods until you have paid us the outstanding amount. We will contact you to tell you we are suspending the supply of the goods. As well as suspending the supply of the goods we can also charge you interest on any overdue payments (see clause 12.5).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 Ending your contract with us.
Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) if what you have bought is faulty, damaged or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back); see clause 11;
(b) if you want to end the contract because of something we have done or have told you we are going to do; see clause 8.2;
(c) if you have just changed your mind about the goods; see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the cost of return of any goods.
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at clause 8.2 (a) to clause 8.2 (e) below, the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming major change to the goods or to these terms which you do not agree to;
(b) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the goods may be significantly delayed because of events outside our control;
(d) we have suspended supply of the goods for technical reasons, or we notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don't have the right to change your mind.
You do not have a right to change your mind in respect of any goods which are made-to-measure or are bespoke; however, this should not be an issue for you, as we do not routinely supply bespoke or made-to-measure goods.
8.5 How long do I have to change my mind? How long you have depends on how your goods are delivered.
(a) You will have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(ii) your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by calling customer services on 020 3011 2030 or emailing us at email@example.com. Please provide your name, home address, order number, details of the order and, where available, your phone number and email address.
9.2 Returning goods after ending the contract.
If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us at BWC Greenhouses Limited, 1 Vincent Avenue, Crownhill, Milton Keynes, MK8 0AN. If you are exercising your right to change your mind you must send the goods to us within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return.
We will pay the costs of return:
(a) if the goods are faulty, damaged or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you.
We will refund you the price you paid for the goods by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds.
If you are exercising your right to change your mind we may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop (namely, going beyond that which is necessary to establish the nature, characteristics and functioning of the goods). If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in a manner which goes beyond that which is necessary to establish the nature, characteristics and functioning of the goods, you must pay us an amount appropriate to reflect any reduction in the value of the goods attributable to your excessive or improper handling of the goods.
9.6 Excessive or improper handling of the goods.
Although the following list is a non-exhaustive list of the ways in which the goods could be excessively or improperly handled, the following shall be deemed to constitute excessive and/or improper ways of handling the goods for the purposes of clause 9.5 and will also invalidate any rights that you may otherwise be entitled to under clause 11:
(a) any failure to strictly comply with any assembly, installation and/or positioning instructions provided with the goods;
(b) any modifications to the goods that may compromise the integrity of the goods, including any cutting or dissection of the goods, the drilling of any extra holes in the goods and/or altering the design of the goods in any manner whatsoever;
(c) any use of the goods in any way which does not befit the description of the goods as a greenhouse or garden building, including any indoor use of the goods or use of the goods as an indoor space, or any use of the goods as a conservatory or a home extension.
9.7 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it.
We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time, provide us with any delivery information that is necessary for us to provide the goods; for example, if there will be nobody available to sign for your delivery, we will need to be advised of a safe place to leave your delivery, or an alternative date when there might be somebody on the premises to sign for the delivery;
(c) you do not, within a reasonable time, allow us to deliver the goods to you.
10.2 You must compensate us if you break the contract.
If we end the contract in any of the situations set out in clause 10.1 we will refund any money you have paid in advance for goods we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may halt delivery of the goods.
We may write to you to let you know that we are going to halt delivery of the goods and we will refund any sums you have paid in advance for goods which will not be supplied.
10.4 Where you break the contract and we then end the contract after dispatch or receipt of the goods. If the goods have already been dispatched to you or if you receive the goods (in either case, prior to us ending the contract), you must return the goods to us, at your cost.
10.5 We may end the contract where we have made an obvious and unmistakeable pricing error, even though you did not break the contract. We may end the contract where our pricing error could reasonably have been recognised by you as a mispricing; see clause 12.3.
11. IF THERE IS A PROBLEM WITH THE GOODS
11.1 How to tell us about problems.
If you have any questions or complaints about the goods, please contact us. You can telephone our customer service team at 020 3011 2030 or write to us at firstname.lastname@example.org or at BWC Greenhouses Limited, 1 Vincent Avenue, Crownhill, Milton Keynes, MK8 0AN. Please note that you should be certain that all parts of the goods are present before you arrange for the goods to be assembled and/or installed and that you shall be solely responsible for ensuring this.
11.2 Summary of your legal rights.
We are under a legal duty to supply goods that are in conformity with this contract, namely goods which are as described, of satisfactory quality and which are fit for all purposes for which goods of that type are commonly supplied. See the sub-paragraph below for a summary of your key legal rights. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your goods, your legal rights entitle you to the following:
up to 30 days: if your item is faulty, damaged or misdescribed, then you can get a refund.
up to six months: if your faulty, damaged or misdescribed item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
11.3 Your obligation to return rejected goods.
If you wish to exercise your legal rights to reject the goods you must return them to us at BWC Greenhouses Limited, 1 Vincent Avenue, Crownhill, Milton Keynes, MK8 0AN. We will pay the return carriage costs.
12. PRICE AND PAYMENT
12.1 Where to find the price for the goods.
The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the goods you order.
12.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
12.3 What happens if we get the price wrong.
It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods' correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods' correct price at your order date is higher than the price stated on our website, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you, at our cost.
12.4 When you must pay and how you must pay.
We accept payment with the credit and debit cards specified on our website. Unless otherwise agreed by us with you in writing, you must pay for the goods at the time that your order is placed with us.
12.5 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 5% a year above the base lending rate of Lloyds Bank plc from time to time. 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 judgment. You must pay us interest together with any overdue amount.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We are not liable for business losses.
We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 Limitation of liability for assembly and installation of the goods.
Without limiting the provisions of clauses 13.1 or 13.2 and notwithstanding any other provision in these terms, we shall not be liable for:
(a) any damage to the goods arising from the assembly, installation and/or positioning of the goods by you or by someone else on your behalf;
(b) any loss, damage or injury to any person, property or thing arising from the assembly, installation and/or positioning of the goods by you or by someone else on your behalf;
(c) any costs, charges or expenses associated with and/or incurred by you in connection with the assembly, installation and/or positioning of the goods by you or by someone else on your behalf, including for any preliminary works such as the laying of any concrete slabs, or foundations;
(d) any delay in proceeding with or interruption in continuing with the assembly, installation and/or positioning of the goods by you or by someone else on your behalf which may have been occasioned by us, even if the delay or interruption was directly or indirectly caused by any failure by us to meet any specific delivery deadline pursuant to clause 7.6;
(e) any suitability of the site where the goods are to be assembled, installed and/or positioned by you or by someone else on your behalf, nor shall we be liable for any suitability of the goods for any particular use or purpose at that site.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information.
We will use the personal information you provide to us:
(a) to supply the goods to you;
(b) to process your payment for the goods; and
(c) if you agreed to this during the order process, to inform you about similar goods that we provide, but you may stop receiving these notifications at any time by contacting us.
14.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this contract to someone else.
We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract to be unlawful, the rest of it will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by and construed in accordance with English law and any legal proceedings under this contract must be brought in the English courts.