These trading terms and conditions apply to purchases of any products or goods from Ocean Garden Furniture.
Please read the terms and conditions carefully as they contain important information. All orders are subject to our full terms and conditions (below). Nothing in these conditions affects your statutory rights as a consumer. You are also directed to our terms and conditions of using this website and to our private policy which are applicable to your use of this website.
Standard conditions of sale
1.1 "Buyer" means the person who buys or agrees to buy the Products from the Seller.
1.2 "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 "Delivery date" means the date specified by the Seller when the Products are to be delivered.
1.4 "Products" means those goods specified.
1.5 "Price" means the price for the Products including VAT at the time of acceptance of the order.
1.6 "Seller" means Ocean Garden Furniture.
1.7 "Consumer" shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.
2. Conditions and stock availability
2.1 Nothing in these conditions shall affect the buyer's statutory rights as a consumer.
2.2 The Seller shall sell and the Buyer shall purchase the products in accordance with any written and/or electronically communicated quotation of the Seller which is properly accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller's electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
2.3 Any typographical or 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 subject to correction without prior notice or any liability attaching to the error on the part of the Seller.
2.4 If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
2.5 If the Seller does not have sufficient stock to be able to deliver the goods ordered by the Buyer then any sum paid by the Buyer will be refunded or re-credited to your account and the Seller will notify you at the address given by you in your order form or via email or phone. The refund will be made as soon as possible and, in any event, within 30 days of your order. The Seller will not be obliged to offer any compensation for disappointment or any other consequential loss suffered. If an item cannot be delivered within the quoted delivery window the buyer will have the option of a full refund.
3. The price and payment
3.1 Save as provided otherwise herein the Price shall be that as stipulated in the Seller's published price list current at the date of acceptance of the order of the Products. In the event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice being given to the Buyer. If notice of price increase is given by the seller, the buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the seller within seven days of delivery of the notice of price increase to the buyer.
3.2 Payment of the full Price shall be due at the date of the order. Time for payment shall be of the essence. If the Buyer does not pay the full Price on notification of shipment the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer. If the Buyer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2% above Barclays Bank Plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.
3.4 We try very hard to ensure that all information on this site is accurate. However, occasionally, an error can occur. If we discover an error in the price or description of a product you have ordered, we will tell you and ask you whether you wish to continue with your order or cancel it.
4. The products
4.1 The quantity and description of the Products shall be set out in the Seller's quotation.
4.2 The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller's specification.
4.3 Photographs are for illustrative purpose only, and may not exactly match the product itself. Photographs do not comprise any contractual warranty on the part of the Seller and should not be relied upon by the Buyer as an exact representation of Products.
5. Warranties and liability
5.1 We warrant that our teak garden furniture sets, teak garden furniture tables, teak garden benches and teak garden chairs are fit for its intended purpose and reasonable domestic use for a period of ten years from the delivery date only if purchased on or after 19th February 2010. Ocean Garden Furniture's 10 year guarantee is a full and comprehensive warranty which cover both parts and labour. All teak garden furniture sets purchased on or after 1st January 2009 is covered by a full five year guarantee. All teak garden furniture sets purchased on or before 31st Dec 2008 is subject to a full three year guarantee. Please note all clearance items, parasols, cushions, furniture covers, storage bags are all covered by the manufacturers 1 year guarantee. If you find a defect in the workmanship in any part or component Ocean Garden Furniture will repair or replace the furniture free of charge. A defect under these terms means any imperfection in the material or workmanship that will impair the use of this furniture product. The warranty is applicable only at the original delivery address unless the dismantling and moving of the furniture is done professionally by Ocean Garden Furniture employees at the current cost. A notice of 14 days prior to the move is required via email or in writing.
5.2 The Seller shall provide the Buyer with such information as is required to claim under the manufacturer's warranties. In the event of a claim, the Buyer shall in the first instance contact the Seller's customer service department.
5.3 The Seller does not provide any warranty cover against defects in his own right.
5.4 If the Buyer is dissatisfied with his purchase for any reason he may, within fourteen days of delivery, contact the Seller's customer service department to arrange for collection of the goods at the Buyer's expense. Any money which you have paid excluding the delivery cost will be refunded within 30 days provided that the Seller receives the goods unused, in its original packaging and in the same condition as they were in at the time of delivery to you. The Buyer's account shall then be credited with the full purchase Price of the goods. This credit may be used to buy items from the Seller's online catalogue. It may alternatively be exchanged for a refund. We recommend that you use an insured registered carrier to return your item. Ocean Garden Furniture will not be held liable for the cost of return or lost or damaged items.
5.5 Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
5.6 Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this Clause 5 affects your statutory rights as a consumer.
6.1 Delivery of the products shall be made by the Seller or his agent notifying the Buyer that the products are available for collection at the Sellers premises or for delivery to such place as the Buyer may specify at the time the order is placed.
6.2 We are usually able to deliver orders to mainland England and Wales within 28 days of date of purchase. Most goods are delivered within a 14 day time frame. The Seller shall use his reasonable endeavours to meet any date agreed for delivery. For deliveries to Scotland or the Islands the price and time of delivery will be stated after your order has been received. We do not ship goods overseas.
6.3 In any event time of delivery shall not be of the essence.
6.4 The Seller shall not be liable for any delay in delivery howsoever caused.
6.5 In the case of goods purchased by credit card, those goods can only be delivered to the credit card holders address (in order to protect you, we carry out extensive checks to ensure that your card is not being used fraudulently) and an invoice must be signed by the credit card holder on delivery. A deferred payment system is used for all debit and credit card payments whereby an authorisation 'shadow' is placed on the transaction. Once the order is delivered the transaction is released and payment is released.
6.6 Orders over £999.99 (including VAT) total value for delivery to addresses within mainland UK are delivered free of charge.
6.7 Delivery with a total value under £1000 (including VAT) does not include free delivery. Deliveries to Scotland and Northern Ireland are not covered by our standard delivery charges and such deliveries will be subject to the delivery charge specified at the time of ordering.
7. Acceptance of the products
7.1 Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Products 5 working days after delivery to the Buyer.
7.2 After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
8. Title and risk
8.1 Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
8.2 Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
8.3 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
9. Insolvency of buyer
If the Buyer makes any voluntary arrangements with its creditors or becomes Bankrupt, goes into provisional or full Liquidation or any administration orders are made, the Buyer not being a consumer, the Seller shall be entitled to cancel the contract without any liability to the Buyer and if the Products have been delivered but not paid for, the price shall become immediately due and payable despite any previous arrangements to the contrary.
10.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller's premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
10.2 Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer's address as provided to the Seller.
11.1 The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
No statement, description, warranty condition or recommendation contained in any printed or electronic catalogue, price list, or advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
11.3 Additional costs
The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
12. Proper law of contract
This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the Courts of England and Wales.
Please read carefully
The use of this website is subject to these terms and by using the website you show your agreement to such terms. If you do not accept our terms, please do not use or view this website.
Ocean Garden Furniture reserve the right, at any time and without prior notice, to remove or cease to supply any product of service contained on this website. In the event that such removal takes place we shall not be liable to you in any way whatsoever for such removal.
Applications for Products and Services
Prices, and details, of products and services (and any offers) posted online are subject to change without notice. All products and services are subject to availability and we give no guarantee in this regard. The provision of details of products and services on this website are not, and should be construed as, a binding and conclusive offer to sell or buy such products or services by the relevant company. The company advertising the products and services concerned may accept or reject your offer at its sole discretion.
In the event that you use any of the products or services contained on this website for commercial use, then we shall be entitled to charge you at our rates from time to time in force and previously notified to you in respect of such commercial use.
This website is owned and operated by Ocean Garden Furniture or its licensed source. The products and processes described in this website may be subject to other intellectual property rights reserved by Ocean Garden Furniture or by other third parties (and no licence is granted in respect of those intellectual property rights). Images and logos on this website may not be reproduced or appropriated in any manner without the written permission of their respective owner(s).
Changes to Terms and Records of Agreements
Ocean Garden Furniture reserve the right to change these terms and conditions at any time by posting changes on the website. It is your responsibility to review the website terms and conditions regularly to ensure you are aware of our latest terms and conditions. Your use of this website after a change has been posted will be deemed to signify your acceptance of the modified terms and conditions. We recommend that you print off and retain for your records a copy of these terms and conditions from time to time and a copy of any terms and conditions relating to any product or service which you apply for on-line, together with any related application and/or proposal form duly completed and submitted to us (and received by us). Any amendment to any terms and conditions must be agreed in writing by us, or, if appropriate, by the relevant company with whom you contract.
Whilst we have taken care in the preparation of the contents of this website, this website and the information, names, images, pictures, logos, icons regarding or relating to us or the products and services, are provided on an "as existing" basis without any representation or endorsement being made and without any warranty of any kind, whether express or implied, including but not limited to, any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, all such terms and warranties are hereby excluded. In no event will we be liable (whether in contract or tort, including negligence or breach of statutory duty or otherwise) for any losses sustained and arising out of or in connection with use of this website including, without limitation, indirect or consequential losses, loss of profit, loss of data or special loss.
We do not represent that the information contained in this website is accurate, comprehensive, verified or complete, and shall accept no liability for the accuracy or completeness of the information contained in the website or for any reliance placed by any person or party (including but not limited to any third party) on the information contained herein.
We do not warrant that the functions or materials accessible from or contained in this website will be uninterrupted or error free, that defects will be corrected or that this website or the server that makes it available are virus or bug free or represent the full functionality, accuracy or reliability of the materials.
If any of these Terms and Conditions (or any terms and conditions relating to a product or service referred to in this website) should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws or any state or country in which such terms and conditions are intended to be effective, then to the extent of such illegality, invalidity or unenforceability, and in relation to such state or country only, such terms or condition shall be deleted and severed from the rest of the relevant terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
Headings used in these terms and conditions are for convenience only and shall not affect their interpretation.
Jurisdiction and Law
Unless otherwise specified, the products and services described in this website are available only to UK residents (excluding the Channel Islands and Isle of Man). The information on this website is not directed at anyone other than UK residents and applications from others will, unless otherwise stated, not be accepted. We make no representation that any product or service referred to on the website is appropriate for use, or available in other locations. The information and other materials contained in this website may not satisfy the laws of any other country and those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. The phone numbers provided only apply to phone calls made from within the UK.
These Terms and Conditions and any terms and conditions relating to products or services described in this website shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to the same shall, unless otherwise expressly agreed, be subject to the exclusive jurisdiction of the courts of England and Wales.
Links to other websites
Certain (hypertext) links may lead you to websites that are not under the control of Ocean Garden Furniture. When you activate any of these links, you will leave our website and we have no control over and will accept no responsibility or liability in respect of the material on any such other website. By allowing links with third party websites we do not intend to solicit business or offer any security to any person in any country, directly or indirectly.
Monitoring of Phone Calls/Emails
Product Terms and Conditions
If you apply for any product or service detailed on this website, these Terms and Conditions should be read in conjunction with our Trading Terms and Conditions and, in the event of any contradiction between these Terms and Conditions and our Trading Terms and Conditions relating to such product or service, the latter shall prevail. For the purposes of all of our Terms and Conditions, "product(s)" and "service(s)" shall not include, without limitation, any representation and/or warranty and/or advice as to the suitability and/or fitness for purpose of either for the user's express and/or implied purpose.
The images, logos and names on this website identify Ocean Garden Furniture. Nothing contained in this website shall be deemed to confer on any person any licence or right on the part of the companies mentioned or any third party with respect to any such image, logo or name.