These Terms and Conditions govern the supply of goods sold by DM Holding Ltd (trading as Traditional Garden Furniture) of Lushington Hill, Wootton Bridge, Ryde, Isle of Wight, PO33 4NT ("we" and "us") to the customer ("you") and constitute the entire and only agreement between us in relation thereto. All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.
Price & Payment
The price payable for the goods you order is as set out on our website at the time you place your order or as set out in your price book, plus any charges for delivery where applicable. We reserve the right to change the price of goods due to market conditions but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for such goods and may decline it or limit the order quantity. Occasionally an error may occur with our website and goods may be incorrectly priced. If this occurs, we will investigate and the correct price will be charged according to your account details.
Delivery & Title
All orders for stock items received before 4pm are usually despatched the same working day and are despatched on a standard 1-2 day courier service. Should you require a timed service, or a guaranteed service, this is calculated by the weight of your order and will be quoted accordingly. If you have not received your order within 72 hours from date of despatch, please contact us and we will track your order. A valid signature will be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. You must not schedule or commence any installation work until after you have received your order and checked all the goods for any defects or missing parts.
You must do all that you reasonably can to enable delivery to take place at the given time and place. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
Upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall hold the goods on a fiduciary basis as bailee and shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
In the unlikely event we are unable to supply an item due to stock levels, we will advise you and the item will be placed on back order and delivered as soon as sufficient stock is available.
By using our web ordering system, you agree to accept Electronic Paperwork, such as Order Acknowledgements and Invoices. These will be sent as a PDF document and will require Adobe Reader to open, which can be downloaded for free from the Adobe website.
Cancellation & Returns
You may cancel your order by giving us notice of cancellation as outlined on the returns page. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation. We will process your request and supply you with a Returns Reference Number. We do not accept returns under any circumstance that has not be pre-agreed. On cancellation for whatever reason, you must return the goods to us at your cost and reserve the right to charge a re-handling fee, which we will advise you of on your returns authorisation. Where the goods are being returned because they are faulty or the goods are incorrect, we will arrange collection of the goods.
If you have notified us of a problem with the goods within the specified time as stated on your invoice, we will either make good any shortage or non-delivery, replace any goods that are damaged or defective upon delivery, or refund to you the amount paid by you for the goods in question. We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption, neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties. We will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. You hereby agree to hold us harmless and indemnify us against any liability associated with any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply. This does not affect your statutory rights.
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
If any part of these conditions are invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.