(1) Introduction
Please read these terms and conditions carefully before using this website. By accessing and/or using this website, you agree to be legally bound by these Conditions.
If you have any other queries on how to use this site please email us at hello@upthegardencompany.co.uk with your query.
(2) Interpretation
The definitions and rules of interpretation in this clause apply to this Agreement.
‘you/Buyer/User/customer’ means a user of the Website;
‘UpTheGarden’, ‘UpTheGardenCompany’ and ‘we/us/our’ means upthegardencompany.co.uk; This site is operated by S Coles t/as UpTheGardenCompany
Bespoke/Made to Order: Goods that are made specifically for you in the colour/material/size of your choosing upon receipt of your order.
Clearance Item/Ex-Display Item: a product that is sold at a reduced price to that advertised on our website as a direct consequence of showroom or warehouse clearance.
Good(s): any items that are advertised on our website
Product(s): this has the same meaning as Good(s).
UK Mainland: this is the island of Great Britain and excludes Northern Ireland and any British islands that are geographically separate from the island of Great Britain.
(3) Receipt of Order Confirmation
You will receive an order confirmation/invoice email as soon as you have placed an order. Please keep it in a safe place as we may ask you for information from it in any correspondence. If you do not receive this email please contact hello@upthegardencompany.co.uk, so that we may investigate and confirm that your order has been placed successfully.
(4) Payment & Ownership of Goods
(4a) Up The Garden takes full payment in advance for all orders.
(4b) The goods remain the property of UpTheGardenCompany until you have paid for the order in full and received delivery into your address. Full payment is required before dispatch of goods.
(4c) We accept bank transfers, Card or Cheque.
(4d) If you purchase any items from the website, this may appear on your statement as being processed by Homesyncing.co.uk. Homesyncing is a trading name fully owned by S Coles t/as UpTheGardenCompany.co.uk
(5) Prices
Prices are as set out on the website and include VAT at the current rate. We reserve the right to alter prices at any time.
It may be necessary to change prices either up or down, from time to time, including any alterations due to the rate of VAT. Any price changes will be confirmed to you at the time of ordering.
(6) Portrayal of products
Whilst every effort has been made to portray items accurately, slight variations may occur. Wood colours can vary due to different screen variations and wood types. All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will allow. Please note there may be variations in colours dependent on the calibration and settings of individual screens.
(7) Availability
All items are subject to availability. We will inform you as soon as possible if goods you have ordered are not available. Please contact us for current lead times.
(8) Cancellation/Returns
(8a) Items that are bespoke/ made to order is not subject to distance selling regulations and are therefore non-returnable.
However you are entitled to cancel your order providing you act within 14 working days of placing your order via the website or by telephone. If you wish to exercise this right please email hello@upthegardencompany.co.uk within the specified time frame.
(8b) After the 14 day cancellation period we have no further obligation to take back any Goods, though may do subject to a 25% restocking fee plus any other delivery or collection fee incurred. This is entirely at our discretion.
(9) Delivery
(9a) For larger orders, once your order has been paid for in full and is ready for delivery you will be contacted by our courier company. They will inform you about the soonest delivery date to your area, and will book in a mutually convenient delivery date and time slot with you. Smaller items will be sent by Royal Mail or by Courier at our discretion.
(9b) We will deliver your order to any UK Mainland address. Delivery charges to such addresses are included within the advertised cost of the item. Delivery to other parts of the UK and overseas will vary depending on your location, but will be indicated at the time you place your order with UpTheGarden.
(9c) Our delivery team will make every effort to deliver within the time slot provided. The delivery date and time slot is an estimate that is given in good faith. Should we find that the estimate is incorrect we will endeavour to inform you using the contact details that you have provided when placing the order.
(9d) You must ensure that access is suitable for the delivery of the goods to your address. Cancellations of this sales agreement cannot be accepted on the basis that access to your desired location is not possible (e.g. doorway too small, inability to manoeuvre furniture due to space restrictions, narrow loft access, unable to park van due to road inaccessibility. This list is not exhaustive.), subject to your general right of cancellation under the cancellation clause set out above.
(9e) Our standard delivery covers kerbside delivery. Any special delivery instructions must be noted at the point of purchase and any extra charges that may be incurred to ensure delivery into your property are to be paid by you, the customer.
(9f) Some furniture items can be large and very heavy but it is the customers responsibly to make sure adequate access is available before delivery. It is your responsibility to inform UpTheGardenCompany of any access restrictions so that we may advise you of any potential charges prior to the order being confirmed.
(9g) If we attempt to make delivery on the date and time slot that you have accepted and no one is present to accept delivery of the goods, you may incur a repeat delivery charge. This charge will be applied even if no original separate delivery cost was charged. This repeat delivery charge may also apply if you cancel an agreed delivery date and time slot less than 48 hours prior to the agreed date.
(9h) If, once ready for delivery, your goods remain at our warehouse for more than 2 weeks, during which time you fail to accept delivery/redelivery (despite our having contacted you to do so), you will incur storage charges of £25 per week. If no effort is made to accept delivery of your goods then UpTheGardenCompany reserves the right to cancel your order and retain up to 50% of the order value.
(9i) Time of delivery is not of the essence in this Agreement. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside of the reasonable control of UpTheGardenCompany or delay due to any reasonable rescheduling of delivery.
(9j) In the event that you would like to have Goods delivered to a location outside of the UK Mainland we can, on request, deliver to any shipping company or port on the UK Mainland if you arrange for the onward shipping. It is your responsibility to check the condition of the Goods at the location to where we deliver (this can either be you personally, a representative of the shipping company, a relative or an employee of yours). Liability for the Goods becomes yours when the Delivery Note is signed either by you or your agent.
(9k) All Products must be signed for on delivery by an adult aged 18 years or over unless otherwise agreed.
(10) Delivery, Faulty or Damaged Goods
(10a) UpTheGardenCompany is dedicated to your satisfaction. Should an incorrect item be delivered, or there is a fault with an item you have ordered then please contact UpTheGardenCompany immediately and we will ensure the issue is resolved. In the case that a replacement has to be ordered then the replacement will be delivered to the original delivery address and the original lead time may re-apply. UpTheGardenCompany will advise you further. Larger items may have been delivered on a pallet. In the event of a return of goods being agreed, such items MUST be returned on that same pallet and packaging, therefore the pallet should be retained by you until such time that this will not be required, and disposal of the pallet will be your responsibility.
(10b) Cosmetic/Transit Damage: Upon a standard delivery service at this point we request that you inspect the goods for any transit damage. If you find that there is any transit damage then this must be noted on the Delivery Note and you must inform the driver. If, for any reason, the delivery team are unable to take photos then we may require you to take photos to send to us. If transit damage was not noted at the point of delivery then you will have to report any transit damage to UptheGardenCompany within 24 hours of receiving the delivery. Claims for transit damage will not be accepted outside of this time period. We will also request photographs of any visible damage to be provided to UpTheGardenCompany.
(10c) We do not accept claims for cosmetic/transit damage caused once the goods are outside of the notice periods laid out in points 10a & 10b above, and once the goods are outside of the control of UpTheGardenCompany.
(11) Lead times, Standard
(11a) Whilst most of our stock is available within a few days of your ordering, for made to order furniture there is an average lead time of approx. 6-14 weeks. The lead-time is the number of weeks we expect your order take to make based on our existing production schedule. After your order is completed it will be delivered to you usually within 7 to 14 working days depending on your location or availability.
(11b) During November, December and other busier times, we can become extremely busy and so we advise to contact us with your order requirements as soon as possible to ensure a pre-Christmas delivery. Our couriers generally work up until the 24nd December and possibly between Christmas and New Year’s Eve. Please contact us for availability during these times.
(12) Liability disclaimer
Our total liability for any claim howsoever shall not exceed the price of the goods supplied by us to the customer. UpTheGardenCompany shall not be liable for any consequential loss whether this arises from a breach of duty in contract or in any other way, save where such liability is imposed upon UptheGardenCompany by statute. We cannot accept any liability for a failure to comply with instructions specifically stated on the Website. UpTheGardenCompany does not limit in any way our liability for death or personal injury caused by our negligence or wilful misconduct. Your statutory rights are not affected by this statement.
UpTheGardenCompany endeavours to check the accuracy of the information on this site. However, we do not warrant that such information will be error free and the user acknowledges that information, products and services published on this web site may include inaccuracies and typological errors.
(13) Website
Every effort is made to ensure that this website is free from viruses and defects however, this cannot be guaranteed.
UpTheGardenCompany shall not be liable to any person for loss or damage which may arise as a result of any failure by you to protect your password or account. You are responsible for the confidentiality of your password and account and any activities that occur under your account.
UpTheGardenCompany shall not be liable to any person for loss or damage which may arise to computer equipment as a result of using this website.
(14) Copyright
All text, images, information and content is owned by UpTheGardenCompany and may not be copied or reproduced without the express written consent from UpTheGardenCompany.
(15) Security
Our secure server software encrypts all of your personal information, including name, address and credit card details. Information remains scrambled whenever it is transmitted over the web.
(16) Data Protection
We reserve the right to keep all customer contact details on out ordering system for the process of fulfilling your order and informing you of any relevant information pertaining to your order and information from UpTheGardenCompany. We will only pass your details onto other companies that require your information to be able to fulfil your order (such as the delivery company). UpTheGardenCompany does not sell your data, and we will take all reasonable steps to ensure all information remains confidential.
(17) Jurisdiction
This website, its content and any contract brought into being as a result of using this site are governed by and construed in accordance with English Law.
Contact us at hello@upthegardencompany.co.uk for questions related to refunds and returns.