Terms of Sale
www.kover-it.co.uk ("website") is owned and operated by Kover-it.
The terms "Kover-it", "we", "us" and "our" when used in these Terms of Sale means Kover-it. The terms "you" and "your" when used in these Terms of Sale means any user who wishes to purchase a product from the web site. If you are acting on behalf of a business, you confirm that you have authority from that business authorizing you to use their credit card and purchase from our web site.
The term "Consumer" is used to denote any user of this web site who purchases a product not in the course of business.
1.1 We do not sell products to persons under the age of 18. If you are under the age of 18, you may only purchase products on our web site with authority given by either a parent or guardian.
2. YOUR ORDER
2.1 Every order that you place on this web site will be subject to acceptance in accordance with these Terms of Sale. The final details of your order will be set out at the 'confirmed purchase' stage. Following this, we will send you an email confirming receipt of your order detailing the products you have ordered with an order number. This email is not an order confirmation or order acceptance from Kover-it. However, please inform us immediately if there are any errors in your order. We reserve the right to cancel any order in the event that the goods are unavailable, mis-priced or cleared funds are not received and/or refuse access to the web site.
2.2 We will then process your order which can take from 24 hours to 6 business days. Once we have processed your order, we will send you another email confirming that your order has been shipped. (the "Shipping Notification"). Your order is only accepted by us when we send you the Shipping Notification. This will be deemed to be completion of the contract between you and Kover-it. Any products on the same order which we have not confirmed in the Shipping Notification will not form part of that contract. Completion of the contract will also not take place where we have notified you that we cannot accept your order.
2.3 Once you have ordered an item, please print out any relevant details. For your own records you may wish to print out the Terms of Sale and the Shipping Notification.
3.1. The price that you pay for the product will be the price that is displayed on the web site at the 'confirmed purchase' stage. Note that the price for an item may change from when you first placed it in the shopping basket. Placing an item in your basket does not reserve the price shown at that time. We cannot confirm the price of a product until you have placed the order and reached the 'confirmed purchase' stage. We reserve the right to cancel any order in the event that the goods are unavailable, mis-priced or cleared funds are not received
3.2. Any discounts we offer are time limited and are dependent on product availability. Accordingly, the price of such products may change from time to time.
3.3. We will take payment from your credit card at the 'confirmed purchase' stage. If we are unable to supply the product that you have ordered, we will contact you by telephone and/or e-mail to offer you either a full refund or a substitute product. If we do not receive a response from you within 72 hours of our first attempt to contact you, we will refund the total amount we deducted from your credit card.
3.4. We will endeavor to ensure that all prices on our web site are accurate. However, errors may occur. If an error is found in the price of the product you have ordered, we will contact you as soon as possible.
3.5. All prices displayed on the web site include VAT (where applicable) at the applicable current rates.
4.1. All goods must be signed for by an adult aged 18 years or over on delivery.
4.2. Estimated timescales for delivery are specified on our delivery page. We use all reasonable efforts to deliver the products ordered within these estimated timescales but please note that delivery timescales are just estimates - they are not guaranteed delivery times and should not be relied upon as such.
4.3. If your product is not delivered within the specified timescale, please contact us giving your order number and name. This will assist us in tracing your order and give you an anticipated delivery date. Should we fail to deliver any products within the estimated timescales, we shall be under no liability for any delay incurred or the consequences of any such delay.
4.4. If you are a Consumer and have not received any item you ordered after 60 days from the date of the Shipping Notification, you will have the option to cancel your order and request a full refund. If you wish to cancel your order at the expiry of the said 60 days, please notify us by contacting us requesting a full refund. If the product you ordered has not been delivered to you, we shall refund you the full amount taken from your credit card (including any delivery charges).
4.5. Delivery charges are specified during the purchasing stages. The charges for delivery will depend upon where the product is to be delivered to, within what timescale and what level of delivery is required. We also offer a fixed flat rate shipping cost that may vary from time to time.
4.6. When the products are delivered to you (or when the order is first attempted to be delivered to you), all risk of loss and damage to the products passes to you.
5. REFUNDS AND REPLACEMENTS
5.1 Any statutory rights which you may have as a Consumer are not affected by these Terms of Sale.
5.2. In particular, you have the following additional rights:-
5.2.1 You have the right to cancel your order within 7 working days from delivery with the exemption of orders which are bespoke made covers or custom made. You must notify us by phone of your intention to cancel within 7 working days from delivery. After notification we will issue you a returns number that you must quote on the paperwork when returning the goods.
5.2.3 Goods must be returned 'AS SOLD' in the original packaging complete 'AS NEW'. Goods must be complete, unused, and in 'AS NEW' condition (eg if you have opened the box to examine the product it must have been done so without damaging the box and packaging or damaging the product in any way) and must be re-packaged as received.
5.2.4 Orders for bespoke covers cannot be cancelled once the order has been accepted. Full payment will be required. A charge will be levied against any deliveries that are not accepted on the confirmed delivery date.
5.2.5 Unless the goods are faulty we are unable to offer a refund or exchange on bespoke, custom manufactured covers or cut to order items.
5.2.6 When ordering fabrics to colour match, please be aware that every batch of material can differ when cut from another run.
5.2.7 Goods must be returned to our Returns Department within 14 days from authorisation. We are unable to accept returns of un-wanted and non-faulty items after the 14 days. Any 'FREE GIFTS' with the products must also be returned.
5.2.8 You must organise the return the unwanted items at your expense and risk. Returns cannot be accepted without prior authorisation and a returns authorisation number. The returns authorisation is valid for up to 14 days only. Goods sent back without prior returns authorisation will be returned back to you and the cost of delivery charged to you.
5.2.9 Full refund of the cost of the goods is wholly conditional upon the above conditions being met and the refund authorised only after a full inspection of the goods by our Returns department to check for completeness and correct product return.
5.2.10 Goods received back complete as NEW and unused and in original box and packaging including all accessories
and in a re-sellable condition:
You will be refunded the full invoice amount less cost of delivery.
5.2.11 Goods received back not in a re-sellable condition:
We are unable to accept these back under the above terms and the goods will be returned back to you and the cost of delivery charged to you.
6. LIMITATION OF LIABILITY
6.1. To the extent permitted by applicable law, in no event will we be liable for any damages arising from or relating to any product purchased from the web site or the use of or inability to use any such product including, but not limited to any loss of use, lost profits, loss or damage to goodwill or business nor for any consequential, indirect, exemplary, special, or incidental damages whether such damages were reasonably foreseeable or actually foreseen and even if we have been advised of the possibility of such damages.
6.2. To the extent permitted by applicable law, our aggregate liability (whether in contract, tort or otherwise) for any loss or damage shall, in any event, be limited to a sum equal to the amount paid (if any) or payable by you for the product (s) in question.
6.3. We will take all precautions we deem reasonable in order to protect your details. However, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you, unless we are negligent in protecting your details.
6.4. Nothing in these Terms of Sale limits liability for fraudulent misrepresentation or our liability to you in the event of death or personal injury resulting from our negligence.
6.5. These Terms of Sale give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms of Sale may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Sale shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
In the event that any provision of these Terms of Sale are declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from these Terms of Sale and the remaining provisions of these Terms of Sale shall remain in full force and effect.
8. ENTIRE AGREEMENT
You have read and understand these Terms of Sale and agree that it constitutes the complete and exclusive statement of the agreement between us with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating thereto.
These Terms of Sale are personal to you and you may not assign, transfer, sub-contract or otherwise part with these Terms of Sale or any right or obligation under it except as permitted by these Terms of Sale. We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under these Terms of Sale or any related contract to any third party.
Failure or neglect by either party to exercise any of its rights or remedies under these Terms of Sale will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of these Terms nor prejudice that party's right to take subsequent action.
11. FORCE MAJEURE
We shall not have any liability to you or be deemed to be in breach of these Terms of Sale from any circumstances which are beyond our reasonable control (including a delay in delivery caused by force majeure).
12. THIRD PARTIES
To the extent permitted by applicable law, these Terms of Sale do not create or confer any rights or benefits enforceable by any person that is not a party to this Agreement.
We reserve the right to make changes to these Terms of Sale at any time. You will be subject to the Terms of Sale in force at the time you place your order with us, unless any change to these Terms of Sale is required to be made by law (in which case it will apply to any orders previously placed by you).
14. LAW AND DISPUTES
These Terms of Sale and all matters arising from it are governed by and construed in accordance with the laws of the United Kingdom without regard to conflict of law provisions thereof and whose courts shall have exclusive jurisdiction over all disputes arising in connection with these Terms of Sale. You hereby consent and waive all objection to the exclusive jurisdiction of the courts in the United Kingdom and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this web site and/or these Terms of Sale.
If you have further questions about Kover-its' Terms of Sale or comments on how we can improve the your shopping experience, please do not hesitate to email us at firstname.lastname@example.org.
Email one of our Customer Services Team at email@example.com.
Write to Kover-it at:
Ladds Garden Centre