Terms and Conditions

Last updated 8 June 2020

Please read all these terms and conditions prior to making a purchase.  If you are in any doubt or have a question please contact us

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application

  1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are From A Deckchair of contactable at colette@fromadeckchair.co.uk; (the Supplier or us or we).
  2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  2. Contract means the legally-binding agreement between you and us for the supply of the Goods;
  3. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the order;
  4. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
  5. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
  6. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  7. Website means our website fromadeckchair.co.uk on which the Goods are advertised.

Goods

  1. The description of the Goods is as set out in the website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
  2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate
  3. All goods which appear on the Website are subject to availability.
  4. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information

  1. We retain and use all information strictly under the Privacy Policy.
  2. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

  1. The description of the Goods on our Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  3. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all the information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
  4. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
  5. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

  1. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing. All prices are in pounds (£) sterling.
  2. From A Deckchair is not VAT registered. Prices and charges are as publicised on the Website and do not include any VAT.
  3. Goods can be paid for by Paypal, all payments are subject to Paypal’s terms and conditions.

Delivery

  1. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing agreement without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
  2. All Goods are delivered by Royal Mail services as described on the Website.
  3. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channel Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

Risk and Title

  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
  2. You do not own the Goods until we have received payment in full.

Withdrawal, returns and cancellation

  1. You can withdraw the order by telling us before the contract is made and delivery process initiated, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
  2. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
  3. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods.
  4. To exercise the right to cancel, you must notify us, giving us your full name, address and order reference (if any) by the cancellation deadline.
  5. All returns must be received within 14 days of cancelling the Contract.
  6. If you cancel this contract, we will reimburse to you all payments received from you, excluding the cost of delivery.
  7. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
  8. We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
  9. Our policy on cancellations and returns does not affect your statutory legal rights.

Conformity

  1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
  2. Upon delivery, the Goods will:
  3. be of satisfactory quality;
  4. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
  5. conform to their description.

Circumstances beyond the control of either party

  1. In the event of any failure by a party because of something beyond its reasonable control:
  2. The party will advise the other party as soon as reasonably practicable and
  3. The party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Privacy

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (fromadeckchair.co.uk/privacy).
  3. For the purposes of these Terms and Conditions:
  4. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
  5. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
  6. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
  7. We are a Data Controller of the Personal Data we Process in providing Goods to you.
  8. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
  9. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
  10. we will only Process Personal Data for the purposes identified;
  11. we will respect your rights in relation to your Personal Data; and
  12. we will implement technical and organisational measures to ensure your Personal Data is secure.
  13. For any enquiries or complaints regarding data privacy, you can email: colette@fromadeckchair.co.uk

Excluding liability

  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or NorthernIreland, in the courts of respectively Scotland or Northern Ireland.
  3. We try to avoid any dispute. Complaints should be sent to us using our Contact form as soon as possible and we will aim to respond with a solution within 5 days.

Attribution

  1. These Terms and Conditions were created with reference to documentation written by Rocket Lawyer.