Terms & Conditions
Last Updated: 23th October 2015
Please take time to read these terms and conditions carefully as they affect your rights and liabilities under the law. By accessing our web site and/ or placing an order/ or creating accounts, you agree to be bound by these terms and conditions.
(‘We', 'us' or 'our') is defined as Forest Park and Garden, where “FP&G” is mentioned in the document this is also defined as Forest Park and Garden.
("you/your") is defined as you the customer reading this.
1. Product Information
1. Descriptions, prices and product information
1.1 We aim to show items as accurately as possible, but they may look different in the flesh. We take great care to reproduce item descriptions and specifications provided by manufacturers accurately, but occasionally we make mistakes. If there is anything which is unclear, or if you wish to obtain further information, please contact our shop via email: firstname.lastname@example.org or call 01443 230 000 between 8am and 5pm (GMT), Monday to Friday or between 9am and 12pm Saturday.
1.2 From time to time prices of items published on our website may differ from the price offered at the same time in FOREST PARK and GARDEN store.
1.3 All prices are expressed inclusive of any VAT payable (where applicable). This means that the total price you pay for the item, and for the delivery, is always the same, regardless of whether or not UK VAT is chargeable on the sale. The price of each item does not include the cost of delivery or any other services. We reserve the right, however, to change prices on our websites at any time without notice to you. We make every effort to ensure that prices shown are accurate when you place your order. If within 14 days of receiving your item(s),a pricing error is found in respect of any or all of the items you have ordered, we will notify you as soon as possible and offer you the option of:-
- placing a new order at the correct price for the mis-priced item(s);
- cancelling your order for the mis-priced item(s); or
- cancelling the whole of your order.
1.4 If, within 7 days of receipt of our notice to you, you have not responded by selecting one of the available options above then:
- if all of the items you have ordered are found to be mis-priced the entire order will be cancelled automatically and we will refund or re-credit you for any sum you have paid for those items; or
- If only some of the items you have ordered are found to be mis-priced, we will deliver the correctly priced items but we will not be obliged to supply you with the mis-priced items. In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced items.
1.5 In the event that a pricing error is found by us, then the above options shall only apply if your order delivery has not been completed.
2. Eligibility & Availability
2. Eligibility to Order
2.1 To be eligible to purchase items from this site, you must be (a) be 18 years of age or over; and (b) have a credit or debit card acceptable to us in your name and (c) stipulate a delivery address within the UK or within one of our International delivery locations (which may vary according to the items ordered); (d) and give your real name, address, phone number, email address and any other details requested.
2.2 We cannot sell knives or any other sharp items which includes such items as scissors and DIY kits that include bladed tools to you if you are under the age of 18 years.
2.3 We reserve the right to decline a new customer registration or suspend your account at any time.
2.4 We also reserve the right not to accept your order for any reason.
3.1 We try our best to ensure that all items on our site are in stock. If an item is out of stock, it will normally be labelled as 'out of stock' or “Available within * days” (*insert amount of days) on our website. If, for any other reason beyond our control, we are unable to supply a particular product, we will not be liable to you except to ensure that you are not charged for that product. Some items are not held in stock (e.g. larger machines like chippers, lawn tractors or lawn mowers) and these therefore will have a longer delivery time.
3.2 We will let you know as soon as possible if any particular item is unavailable for purchase.
3.3 To ensure availability of all our items, we may place restrictions on how many units of a particular product you can order at a time. We reserve the right to withdraw any product from sale for any reason.
4. Payments, our acceptance of your order and how the contract between us is formed
4.1 We only accept payment in Pound Sterling and by credit or debit card & PayPal
4.2 If an exchange rate is applicable to your order your card provider will determine the rate of exchange and may add an administration charge which you will be liable to pay.
4.3 When you have made your choice and your order has been placed, you will receive an order confirmation email acknowledging the details of your order. This email is not an acceptance of your order, just confirmation that we have received it.
4.4 The contract between us for the items you have ordered will only be formed when we receive full payment of the items or service and the items have been delivered to your address. The contract will therefore be formed in WALES and the language of the contract will be English.
4.5 Payment will be debited from your account upon submission of your order online. This will be when the contract between Forest Park and Garden and you is formed (see above).
4.6 All refund payments will be paid to you in Pound Sterling and will match the amount you paid in Pound Sterling for the item(s) and delivery (if the delivery charge is refundable). If an exchange rate is applicable to your order the amount you receive in your local currency will depend on the exchange rate applied by your credit or debit card provider when it receives our refund payment and may therefore be different from the price paid for the item(s) in your local currency. We will not be liable for any losses caused to you as a result of any currency fluctuations or exchange rates applied by your credit or debit card provider.
If you are in the UK:
5.1 Delivery to your home or to your delivery address in the UK may incur a charge as detailed in our UK Delivery section. The delivery charge is charged on your total order, if your order is made up of a mixture of small/medium sized items you will incur a 'standard delivery' charge but if you include a large item your delivery charge will be at the higher price.
5.2 We aim to deliver the majority of the small/medium sized items that we have to you within 4 working days for most UK postcodes. For remote UK postcodes and locations not classified as mainland UK then we will aim to deliver small/medium sized items to you within 5 working days after you have placed your order. On certain items there is a longer lead time which is up to 28 days. For orders that are delivered direct to you by our suppliers, after placing your order they will contact you to arrange a delivery date that is convenient to you.
5.3 A signature may sometimes be required at delivery. By placing an order you are authorising us to accept signature from another person at the same address on your behalf if you need to sign for an item and you are not present at the time of delivery.
5.4 For some items that do not require a signature at delivery you may be able to give instructions explaining if and where you would like the product to be left if no one is present at the time of delivery, such as with a neighbour.
5.5 Ownership of an item will not pass to you until the product has been delivered to you (either directly, or by leaving it in a safe place or with a neighbour or where you have signed for it when using the click and collect option). Once an item is delivered, responsibility for risk of damage to or loss of the product passes to you.
5.6 We also use third party delivery companies which may, at their discretion, leave an item in a safe place if no one is present at the time of delivery. In these circumstances the delivery company will put a card through your letter box explaining where the product has been left.
5.7 Should your order include a large item, e.g., a half tonne wood chipper or Stump Grinder, it is your responsibility to ensure you check access to your premises before placing your order. We will not be held responsible for any costs associated with this.
6. Cancellations, Returns & Refunds
6. Cancelling an order - Due to change of mind prior to or at the time of delivery
6.1 If you wish to cancel any orders prior to delivery then please contact us to do so. You can contact our shop via email: email@example.com or call 01443 230 000 between 8am and 5pm (GMT), Monday to Friday or between 9am and 12pm Saturday.
6.2 If the item(s) has not been despatched to your home we will cancel the order and the full price paid will be refunded. If the item(s) has already been dispatched and we are unable to prevent the delivery you should refuse to sign for the item(s) and it will be returned to us. The cost of your order will be refunded as well as the cost of a standard delivery charge for delivering the item(s) to you.
6.3 Some of our items are not eligible for return (for example due to hygiene reasons or because they deteriorate or expire rapidly). These items may not be returned unless damaged, faulty or mis-described. If this is the case, we will explain this to you.
6.4 In some instances you may not be able to part cancel an order but you may be able to return the order and claim a refund, if this is the case, we will explain this to you.
7. Cancelling an order within 28 calendar days after delivery
7.1 You are able to cancel your order for any reason within 28 days after delivery to your home or provided delivery address for an exchange or full refund.
7.2 Your order confirmation email or delivery note (if provided) will contain specific instructions on how to exercise your right of cancellation. If you wish to speak to anyone about cancelling an order(s) then please contact our shop via email: firstname.lastname@example.org or call 01443 230 000 between 8am and 5pm (GMT), Monday to Friday or between 9am and 12pm Saturday.
7.3 You must take reasonable care of the items whilst they are in your possession. When you return an item(s) please make sure that the item(s) is undamaged, in a sealable condition, and with all of its components including the original packaging. If you do not exercise reasonable care and the item(s) is damaged whilst in your possession or in transit we will not be able to accept the item(s). We therefore recommend that when you return the item(s) you use a postal service which insures you for the value of the item(s) you are returning.
7.4 You will be responsible for the cost of returning the item(s) which is not damaged, faulty or mis-described.
7.5 If you return the item(s) within 30 days after delivery to your home we will refund you the cost of a standard delivery charge. If you paid for any premium delivery services, you shall not be entitled to a refund of the difference between the standard delivery cost and the premium delivery cost. If you return the items after 30 days from the day after the date of delivery, we will not refund your delivery charges. No delivery charges will be refunded if you return only part of the order (e.g. you have ordered two items but only return one). If items are parts of a set or Bundle (e.g. Rigging sets, or pruning bundles) you must return all parts in order to qualify for a refund of the delivery charges.
7.6 Some of our items are not eligible for cancellation and return. These items may not be returned unless damaged, faulty or mis-described. If this is the case, we will explain this to you.
Such items include:
- CDs, DVDs, videos and computer software, which may be restricted to an exchange for the same title to reduce the risk of unlicensed copying; perishable items;
- items which cannot be resold for health and hygiene reasons once unwrapped (e.g first aid equipment, hygiene kits);
- flat pack furniture that has been partially or fully assembled; and
- items which have been installed using our installation service.
7.7 Please note that refunds can take up to 20 days to appear in your bank or credit card account. This may depend on which bank you use and where it is located. We will make any refund payment which is due to you within 14 days from the day we receive the goods back. All refunds are credited via your original payment method.
7.8 Your rights under UK consumer legislation are not affected.
8. Returning Item(s)UK returns:
8.1 You must can take your item(s)to us at Forest Park and Garden along with the delivery note you received in your parcel and the Debit / Credit card which you used to buy the items; or
8.2 You can post the item(s) together with the delivery note which you received in your parcel to Coed Court, Taffsmead Road, Treforest Industrial Estate, Pontypirdd CF37 5SW, indicating which item(s) you are returning.
8.3 If you are posting an item back to us we recommend that you obtain a proof of posting certificate or receipt.
9. Return of damaged, faulty or mis-described items
10.1 When your items are delivered please check that the order is complete and not damaged. In the event that your order is visibly damaged, do not accept the order and enter on the Delivery Note or Returns Form "Damaged" along with a brief description of how or where the item is damaged.
9.2 If you have accepted the item(s) and subsequently discover that it is damaged, faulty or mis-described or parts are missing do not continue to use your item(s). Please return the item(s) to us as soon as possible indicating on the Delivery Note or Returns Form what the issue is. The ways in which you can return an item(s) are set out in the "Return Item(s) section above. Please return the item(s) with all of its components, including the original packaging where possible.
9.3 If you return an item(s) which is damaged, faulty, mis-described or parts are missing - straightaway or within 30 days of delivery or collection you may request either a full refund, a price reduction, or replacement or repair of the item(s). Please indicate in your preference on the Delivery Note or Returns Form.
9.4 If you discover the item(s) is damaged, faulty, mis-described or parts are missing after 30 days from delivery or collection you may return the item(s) and request either a repair or replacement. Please indicate your preference on the Delivery Note or Returns Form. If repair or replacement provided by us is not satisfactory, you can then request either a refund or price reduction.
9.5 Please note that sometimes it will not be possible for us to provide a replacement or repair for an item (e.g. because of the product/parts no longer exist). In these circumstances we will offer you a refund or price reduction.
9.6 In circumstances where we processes a refund for an item(s) which is damaged, faulty or mis-described or parts are missing we will also refund you for the full delivery costs you incurred to receive and return the item(s) and you will not be charged when we re-deliver item(s) to you.
9.7 If you have any problems with your purchase, we can offer help and assistance. Please contact our shop via email: email@example.com or call 01443 230 000 between 8am and 5pm (GMT), Monday to Friday or between 9am and 12pm Saturday.
9.8 Please note that refunds can take up to 20 days to appear in your bank or credit card account. This may depend on which bank you use and where it is located. We will make any refund payment which is due to you within 14 days from the day we receive the goods back. All refunds are credited via your original payment method.
9.9 Your rights under UK or your national consumer legislation and any Manufacturer Guarantees are not affected.
13.1 If we are in breach of these FP&G Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Our products are for personal use only and our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
13.2 The above statement shall not limit or affect our liability resulting from any items sold being found to be unsafe or if something we do negligently causes death or personal injury. Our liability to you in connection with any order will not exceed the total price charged for the items, subject to any rights under your national consumer legislation.
13.3 You may not transfer any of your rights under these FP&G Terms & Conditions to any other person. We may transfer our rights under these FP&G Terms & Conditions to another business where we reasonably believe your rights will not be affected.
13.4 If you breach these FP&G Terms & Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these FP&G Terms & Conditions.
13.6 These FP&G Terms & Conditions are subject to English law and the non-exclusive jurisdiction of the English courts.
We recommend you print out a copy of these terms and conditions for future reference. If you have any questions regarding our terms and conditions, please contact our shop via email: firstname.lastname@example.org or call 01443 230 000 between 8am and 5pm (GMT), Monday to Friday or between 9am and 12pm Saturday.
ON ACCEPTING/SIGNING THESE CONDTIONS YOU AGREE TO THE STANDARD TERMS AND CONDITIONS OF SALE OF ITEMS AND SERVICES SUPPLIED BY FOREST PARK AND GARDEN. TO WHICH THEY ARE BOUND. TITLE OF OWNERSHIP IS NOT TRANSFERRED UNTIL PAYMENT FOR GOODS/SERVICES ARE PAID IN FULL.
Company InformationCompany Info
This document is owned and operated by FOREST PARK and GARDEN, whose registered office is at:
Coed Court Taffsmead Road, Treforest Industrial Estate, Pontypirdd CF37 5SW Company Registration: 4391102 VAT registration: GB 728 8060