Terms and Conditions
- Introduction
- These terms and conditions govern the sale and purchase of products through our website.
- You will be required to agree to these terms and conditions explicitly before placing an order on our website.
- This document does not affect any statutory rights you may have as a consumer (such as rights under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 or the Sale of Goods and Supply of Services Act 1980).
- Interpretation
- In these terms and conditions: “we” refers to Hansa Garden Ltd; and “you” refers to our customer or potential customer, and “us”, “our” and “your” should be interpreted accordingly.
- Order Process
- The promotion of products on our website is an “invitation to treat” rather than a contractual offer.
- A contract will only come into force between you and us when we accept your order as outlined in this Section 3.
- To form a contract through our website to purchase products from us, you need to: add the products you wish to purchase to your shopping cart, proceed to the checkout; input payer’s details, recipient’s details, and delivery address; select your preferred payment method and confirm your order and agreement to these terms; if selecting invoice payment, we will send you an order confirmation (invoice) by email after checkout (at which point your order becomes a binding contract); for card, PayPal, and other online payments, you will be redirected to our payment service provider’s website, which will process your payment; we will then send you an initial acknowledgement and order confirmation (at which point your order becomes a binding contract).
- Products
- The following types of products may be available on our website from time to time: wooden garden buildings, grills, ovens, playhouses, climbing frames, wood-fired hot tubs, bathing barrels, sauna cabins, and Finnish BBQ huts.
- We may occasionally change the products available on our website, and we do not commit to supplying any specific product or type of product.
- Prices
- Our prices are listed on our website.
- We may periodically update the prices on our website, but this will not affect contracts that have already been formed.
- All amounts stated in these terms and conditions or on our website include VAT.
- It is possible that prices on the website may be quoted incorrectly; therefore, we will verify prices as part of our sale procedures so that the correct price will be communicated to you before the contract is finalized.
- In addition to the product prices, you may need to pay a delivery charge, which will be communicated to you before the sale contract is finalized. Detailed information can be found in our “Delivery Policy”.
- Payments
- You must pay for the products you order during the checkout process or within the specified period if you choose offline payment (invoice payment or similar). Payment must be made in full in cleared funds at least 2 working days before delivery or collection if you have arranged to collect from us.
- Payments can be made by any of the permitted methods specified on our website. Cheques, Bankers Drafts, or Printed Building Society Cheques are not accepted as cleared funds (due to the possibility of fraud) and must be received by us at least 10 working days before delivery/collection.
- If you fail to pay any amount due to us under these terms and conditions, we may withhold the products ordered or cancel the sale contract for the products by written notice to you at any time.
- If you make an unjustified credit card, debit card or other charge-back, you will be liable to pay us, within 7 days following the date of our written request: an amount equal to the charge-back and all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognize or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
- 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 on the overdue amount at the rate of 4% a year above the base lending rate of the Central Bank of Ireland. This interest will accrue daily 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. We reserve the right to charge-back all our reasonable costs, losses, and expenses incurred in recovering the amounts outstanding (including without limitation legal fees and debt collection fees).
- Deliveries
- Our policies and procedures regarding the delivery of products are outlined in this Section 7 and in our delivery policy document.
- We will arrange for the products you purchase to be delivered to the address you specify during the checkout process.
- We will use reasonable efforts to deliver your products on or before the date specified in the order confirmation.
- We will only deliver products to addresses in the Republic of Ireland. We may occasionally agree to deliver products to other countries and territories.
- Distance Contracts: Cancellation Right
- This Section 8 applies if and only if you are contracting with us as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft, or profession.
- You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without providing any reason for your withdrawal or cancellation) at any time within the period: beginning upon the submission of your offer; and ending 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them; if the contract is for the delivery of multiple products, lots, or pieces of something, 14 days after the day on which the last of those products, lots, or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them.
- To withdraw an offer to contract or cancel a contract as described in this Section 8, you must inform us of your decision to withdraw or cancel. You may inform us by any clear written statement by email setting out the decision. In the case of cancellation, you may use the cancellation form that we will provide to you. To meet the cancellation deadline, it is sufficient for you to send your communication regarding the exercise of the right to cancel by email before the cancellation period has expired.
- If you cancel a contract as described in this Section 8, you must send the products back to us or hand them over to us or a person authorized by us to receive them. You must comply with your obligations as described in this Section 8 without undue delay and, in any event, no later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
- If you cancel an order according to this Section 8, you will receive a full refund of the amount you paid to us in respect of the order, including the costs of delivery to you, except if you chose a type of delivery costing more than the least expensive type of delivery that we offer, we reserve the right to retain the difference in cost between the type of delivery you chose and the least expensive type of delivery that we offer.
- If the value of the products returned by you is diminished by any amount due to handling beyond what is necessary to establish the nature, characteristics, and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount directly to us. Handling which goes beyond what might reasonably be allowed in a shop will be considered “beyond what is necessary to establish the nature, characteristics, and functioning of the products” for these purposes.
- We will refund money using the same method used to make the payment unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
- Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation described in this Section 8 within 14 days after the day on which we receive the returned products. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within 14 days after the day on which we are informed of the withdrawal or cancellation.
- You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to: the supply of non-prefabricated goods that are made based on an individual choice or decision by you, or goods that are clearly personalized; the supply of goods which are, by their nature, inseparably mixed with other items after delivery.
- Warranties and Representations
- You warrant and represent to us that: you are legally capable of entering into binding contracts; you have full authority, power, and capacity to agree to these terms and conditions; all the information that you provide to us in connection with your order is true, accurate, complete, and not misleading; and you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
- We warrant to you that: we have the right to sell the products that you buy; the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions; you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions; the products you buy will correspond to any description published on our website; and the products you buy will be of satisfactory quality.
- All of our warranties and representations related to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.
- We warrant that the products will match their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of their initial use or 6 months from delivery, whichever is the first to expire. Extended warranty periods apply to wood fire hot tubs (2 years), climbing frames (2 years), and all wooden garden buildings (5 years).
- The warranty for wooden garden buildings does not cover: peculiarities of wood as a natural material; colour tone variations caused by wood structure differences that do not influence wood lifetime; wooden details containing small cracks and gaps caused by drying; twisted wooden details if they can nevertheless be installed; complaints resulting from an incompetent manner of installation of the building or the building subsiding due to an incompetently made foundation; complaints caused by introducing self-initiative changes to the building; deformation of wooden details due to an incompetent manner of wood processing and insufficient care and maintenance.
- Limitations and Exclusions of Liability
- Nothing in these terms and conditions will: limit or exclude any liability for death or personal injury resulting from negligence; limit or exclude any liability for fraud or fraudulent misrepresentation; limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law and if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
- The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions are subject to Section 10.1 and govern all liabilities arising under these terms and conditions or related to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
- We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- We will not be liable to you in respect of any business losses, including loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- You acknowledge that we have an interest in limiting the personal liability of our officers and employees and, considering that interest, you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
- Order Cancellation
- We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if you fail to pay, on time and in full, any amount due to us under that contract.
- You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
- We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack, or war.
- Consequences of Order Cancellation
- If a contract under these terms and conditions is cancelled in accordance with Section 11, we will no longer be obligated to deliver products that are undelivered at the date of cancellation. You will still be required to pay for products that have been delivered by the date of cancellation.
- Scope
- These terms and conditions do not constitute or effect any assignment or license of any intellectual property rights.
- These terms and conditions do not govern the licensing of works (including software and literary works) comprised or stored in products.
- These terms and conditions do not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
- Variation
- We may revise these terms and conditions from time to time by publishing a new version on our website.
- A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
- Assignment
- You agree that we may assign, transfer, sub-contract or otherwise deal with our rights and obligations under these terms and conditions, provided that such action does not reduce the guarantees benefiting you under these terms and conditions.
- You may not, without our prior written consent, assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under these terms and conditions.
- No Waivers
- No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
- No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
- Severability
- If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third Party Rights
- A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
- The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire Agreement
- Subject to Section 10.1, these terms and conditions, together with our terms and conditions of use, delivery policy and our returns policy constitute the entire agreement between you and us in relation to the sale and purchase of our products and supersede all previous agreements between you and us in relation to the sale and purchase of our products.
- Law and Jurisdiction
- These terms and conditions shall be governed by and construed in accordance with Irish law.
- Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Ireland.
- Statutory and Regulatory Disclosures
- We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you save a copy of these terms and conditions for future reference.
- These terms and conditions are available in the English language only.
- Our Details
- This website is owned and operated by Hansa Garden Ltd.
- We are registered in Ireland under registration number 9829632 and our registered office is at 2 Barnfield Crescent, Exeter, EX1 1QT, United Kingdom.
- Our principal place of business is at 6 Cannon Road, Heathfield Industrial Estate, Newton Abbot, Devon, TQ12 6SG.
- You can contact us by writing to the address given above, by telephone number given on our website or by email given on our website.
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