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Zolwood Garden Solution

Terms and Condition

At Zolwood Ltd, we are dedicated to delivering high-quality timber products and garden furniture. We stand by our products, whether they are standard items we supply or custom-built structures.

Returns and Cancellations Summary:

  • Standard Products: If you are purchasing as a consumer, you have the right to change your mind and return standard items within 14 days of receiving them. Returns are not free; the cost of return carriage must be covered by the customer.

  • Custom/Bespoke Products: Please note that any items made to your specific measurements or customized to your requirements cannot be cancelled or returned once production has commenced, unless they are faulty.

  • Faulty Items: If a product arrives damaged or with a defect, please reach out to us prior to assembling the product. For consumers, you have a 30-day right to reject faulty goods for a full refund or replacement. Our team will work quickly to resolve any issues by providing replacement parts or a suitable resolution.

Returned items must be in their original, undamaged condition. We recommend using a protective packaging method, as any returned items arriving damaged by the courier cannot be accepted.

1. Interpretation

1.1. Definitions In these Conditions, the following definitions apply:

  • "Conditions" the terms and conditions set out in this document as amended from time to time.

  • "Consumer" a natural person who purchases Goods for personal use, outside of their trade, business, craft, or profession.

  • "Contract" the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.

  • "Customer" the person or firm who purchases the Goods from the Supplier.

  • "Force Majeure Event" has the meaning given in clause 9.

  • "Goods" the items (or any part of them) set out in the Order.

  • "Order" the Customer’s order for the Goods.

  • "Specification" any specification for the Goods (including custom dimensions or designs) agreed in writing by the Customer and the Supplier.

  • "Supplier" Zolwood Ltd (CRN: 166045555).

2. Basis of Contract

2.1. These Conditions apply to the Contract to the exclusion of any other terms that a business Customer seeks to impose or incorporate. 2.2. The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. 2.3. The Contract shall come into existence when the Supplier issues a written acceptance of the Order or begins processing the Order. 2.4. Business Customers & Custom Orders: Any Order which has been accepted by the Supplier for custom/bespoke Goods, or any Order placed by a business Customer, may only be cancelled with the prior written agreement of the Supplier. The Customer shall indemnify the Supplier in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), and expenses incurred as a result of cancellation. 2.5. Consumer Cancellation Rights: If you are a Consumer purchasing standard (non-custom) Goods, you have a legal right to cancel the Contract under the Consumer Contracts Regulations 2013 during the period of 14 days after the day you receive the Goods. This right does not apply to custom-made or bespoke products.

3. Delivery & Returns

3.1. The Supplier shall deliver the Goods to the location set out in the Order. Time of delivery is not of the essence, and quoted delivery dates are approximate. 3.2. The Supplier shall not be liable for any delay in delivery caused by a Force Majeure Event or the Customer’s failure to provide adequate delivery instructions. 3.3. If the Customer fails to accept delivery of the Goods, the Supplier may store the Goods and charge the Customer for all related costs and expenses (including storage and insurance, and re-delivery charges). 3.4. Inspection: The Customer should inspect the Goods on delivery. Any damaged goods need to be reported to us prior to the assembly of the goods.

  • Consumers: Must report faults within 30 days of delivery to exercise their short-term right to reject under the Consumer Rights Act 2015.

  • Business Customers: Must give notice to the Supplier within 5 business days of delivery of any defect or non-compliance.

4. Quality & Warranties

4.1. The Supplier warrants that on delivery the Goods shall conform in all material respects with their description and any applicable Specification, and be free from material defects. 4.2. All products are covered by a 1 (one) year warranty period for production defects. Within this period, the Supplier will replace the defective parts free of charge, provided the Customer demonstrates the cause is a production defect. 4.3. The Supplier shall not be liable for the Goods’ failure to comply with the warranty if:

  • The Customer makes any further use of such Goods after giving notice of a defect;

  • The defect arises because the Customer failed to follow oral or written instructions as to the storage, installation, use, or maintenance of the Goods;

  • The Customer alters or repairs such Goods without the written consent of the Supplier;

  • The defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal working conditions. 4.4. For Consumers, these warranties are in addition to, and do not affect, your legal rights in relation to Goods that are faulty or not as described.

5. Title and Risk

5.1. The risk in the Goods shall pass to the Customer on completion of delivery. 5.2. Title to the Goods shall not pass to the Customer until the Supplier has received payment in full (in cash or cleared funds) for the Goods and any other goods or services supplied.

6. Price and Payment

6.1. The price of the Goods shall be the price set out in the Order. 6.2. The price of the Goods is exclusive of amounts in respect of value added tax (VAT), unless explicitly stated otherwise for Consumers. The price excludes the costs of transport and delivery, which will be added to the total amount due. 6.3. If the Customer fails to make any payment due to the Supplier by the due date, the Supplier may charge interest on the overdue amount at the rate of 8% per annum above the Bank of England’s base lending rate.

7. Limitation of Liability

7.1. Nothing in these Conditions shall limit or exclude the Supplier’s liability for death or personal injury caused by its negligence, fraud, or any matter in respect of which it would be unlawful to exclude liability (including consumer protection laws). 7.2. Subject to clause 7.1, if the Customer is a business, the Supplier shall not be liable for any loss of profit, or indirect or consequential loss arising under the Contract. The Supplier's total liability shall not exceed the price of the Goods.

8. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations (other than a failure to make a payment) to the extent that such failure is caused by an event beyond its reasonable control, including extreme adverse weather conditions, strikes, natural disasters, breakdown of transport networks, or default of suppliers or subcontractors.

9. General

9.1. Intellectual Property: All intellectual property rights in bespoke designs created by the Supplier shall be owned by the Supplier. 9.2. Severance: If any court finds that any provision of the Contract is invalid, illegal, or unenforceable, that provision shall be deemed deleted, and the validity of the other provisions shall not be affected. 9.3. Governing Law and Jurisdiction: The Contract shall be governed by and construed in accordance with English law. The parties submit to the exclusive jurisdiction of the courts of England and Wales. (If you are a consumer living in Scotland or Northern Ireland, you can bring legal proceedings in respect of the products in your local courts).

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