Terms & Conditions

1. Introduction

1.1 This website is owned by Welland Cane & Garden Furniture Limited t/a Midlands Conservatory & Garden Furniture. The company & registered office address is Unit 1 Kingsley Business Park, New Road, Kibworth, Leicestershire, LE8 0LE. Company Registration no 8016192 VAT Registration no 160 4637 22.

1.2 The terms and conditions herewith apply when you purchase any goods via this site or otherwise use/ visit the website.

1.3 Due to many factors (including legislation) we may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases made after the effective date shown above.

2. Payment and prices

2.1 Payment to us is in advance by the means stated on the website. Welland Cane & Garden Furniture Ltd will only process payment if we obtain the correct authorisation from authorised bodies.

2.2 The price for the goods you order on the website is as stated on the website at the time you send us your order (Please see exception in point 2.3) (this may not be the only exception). We always include VAT at the prevailing rate (unless we specify otherwise).

2.3 If we have miss-priced any item on the website in error (or maybe subject of sabotage), we are not obliged to supply the item at that price provided we notify you before we send it. This can be becuase of an internal error, a supplier price change not notified to us at the time of order placement and third party sabotage. If we do notify you, then you most certainly can decide if you want to order the item at the correct price but, if you don’t, we will provide a full refund of any payment already made within 7 days (to the method used to make payment).

2.4 Delivery costs are charged extra at various rates, (sometimes promotions can nullify delivery charges) the delivery rate will be show on our site when you place your order. These carriage charges will often depend on the delivery method chosen. As of the effective date of these Terms and Conditions we only supply UK mainland addresses.

3. Your Purchase Order

3.1 Your Purchase order is a formal offer to purchase from us (Welland Cane & Garden Furniture Ltd). Please make sure you check your purchase order very carefully to ensure it is correct before sending.

4. Acceptance & Availability

4.1 When you place an order with us, you are making an offer to buy the goods. By placing an order you agree to purchase a product(s) subject to our terms and conditions. Goods will only be despatched once there are suitable funds to fulfil the transaction.

You will receive an e-mail to confirm that we have received your order. This email acknowledgement does not constitute acceptance. Our dispatch of the goods shall constitute acceptance of your order. In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this. We will not dispatch the goods and we will refund any payment made via the way they were taken.

5. Delivery

5.1 We Require full payment in cleared funds before product despatch. . Delivery will be to the address of the credit / debit card registration which you specify when ordering. Third party addresses are possible but further checks may be made to ensure against fraudulent card purchases.

5.2 We do our best to offer free delivery in most cases, this is possible given our normal 10 day service allowing orders to build up in certain areas allowing economies from delivering multi orders to a location or area, where an order is required quicker we will discuss the extra cost involved on an individual basis.

5.3 We will do our best to arrange delivery to meet stated delivery times within the website but stock levels cannot be guyaranteed. Our website platform may indicate an instock situation but does not work on real time and therefore the stock situation may differ to that stated. If we cannot deliver in a stated time, we will deliver in a reasonable time period or offer a refund. In the case of Conservatory Furniture (but not limited to) complex cushion making may be required using a specific fabric, delays are possible. It is our intention to contact each customer to outline the order time as and when orders are made as part of our service

5.4 We reserve the right to make additional delivery charge(s) where a delivery cannot be made because nobody was at the delivery address to receive it and we incur costs to re-deliver. We also reserve the right to charge additional carriage charges if you have not collected a package from a depot that is holding the package for you and have issued you with a collection card and you have not collected it within the time period specified.

5.5 Welland Cane & Garden Furniture Ltd does not accept any liability for late delivery including consequential loss.

5.6 We do not accept any liability for damage to the interior or exterior of the delivery property inflicted during delivery. Including, but not limited to, damage to paint, broken glass, electrical fittings, fencing, carpets and door frames. Our drivers have the right to refuse to step on or enter the interior or exterior of the delivery property if it is considered to be dangerous or if the access is obstructed.

5.7 Deliveries to London, we generally make a surcharge to cover inner London addresses and congestion charge is charged as an extra.

5.8 Delivery to certain Postcodes (Including Scotland, Isle of Wight, and some South West areas) will have carriage charges attached. If orders are placed online, we will contact you to explain and offer a full refund if the carriage charges are not accepted. Deliveries to all other off-shore islands are quoted on an individual basis. We do not accept any involvement in charges made directly from shipping companies to customers.

5.9 The Risk of product damage or loss (ie theft) to the goods will pass to you on delivery or if you wrongfully refuse delivery when delivery is attempted.

6. Your Right to cancel under Distance Selling Regulations

6.1

If you are a consumer, and not business, you have the right to cancel the contract at any time for any reason without incurring any liability within the cancellation period. A cancellation request should be by email to info@midlands-cane-furniture.co.uk We will refund the goods price plus delivery charges that relate to the cancelled item. If you do not take reasonable care of items and evidence is found to the is effect then we will reduce the amount of the refund. If you cancel you must return the goods to our above trading address at your expense. We will charge you the direct costs of recovery if you do not comply or if you return them at our expense.

This does not apply to goods to which the right of cancellation under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 where the goods are made to your order/specification.

6.2 Within your rights if you cancel, you are still required to take reasonable care of these goods, and at your expense return the goods to our address listed at the beginning of these Terms & Conditions. You may request us to recover the goods on your behalf which will be chargeable (a quotation can be offered at the time) or if you fail to return the goods we will charge you for the recovery, including legal costs if appropriate. Please note that Customised special orders, clearly made to a customer’s specification, such as engraved products are not returnable under Distance Selling Regulations.

6.3 You can cancel items or orders that haven’t entered the delivery process yet, this is usually within 2 hours of placing the order. If your order has entered the delivery process, it is no longer possible to cancel it.

7. Mis-described content on Website

7.1 Wherever possible every item on our website www.midlands-cane-furniture.co.uk will have an appropriate and accurate description and image. Sometimes the product may vary slightly from the image shown on the website. This may be due to manufacturers altering or updating products without informing us, possible natural variations in colour, and/or photography issues.

8. Our Website Property Rights

8.1 It will be duly noted that all logos, images including photographs (drawings, sketches etc) any videos, text and software used on this site are our intellectual property.

8.2 Of course we appreciate that you may wish to save / reproduce such content insofar as necessary to view it within our site for genuine private use. We do not otherwise allow any of the following retrieval, display, modifying, copying, printing, selling, downloading, hire or reverse engineering (unless permitted by applicable law) such content without our prior written consent.

8.3 We regularly check any un-Authorised Website Property miss use for commercial reasons, we will take legal action against any theft of website content.

8.4 We would strictly add the theft of descriptions of products by competitors etc will be acted on severely as this will not be tolerated.

9. Website Availability

9.1 The website is maintained to the best of our ability. Like anything at all it is subject to updates, maintenance, server error etc. As such we cannot guarantee it is fault free or that it may be offline at certain times. We can be contacted by telephone for any update 7 days.

10. Third party websites

10.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.

11. An Act of God

11.1 Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control.

12. English law Prevails

12.1 The Terms & Conditions Herewith will be governed by English Law and any disputes will be decided only by the courts of the United Kingdom.

13. Privacy Policy

13.1 All information that we collect is done so lawfully and will be used in accordance with the Data Protection Act 1998 for order completion and account processing activities only. We will never pass your details to other parties without your consent. We are registered with the ICO and our refence number is ZA899965

14. Complaints

14.1 Please contact us with any complaints or comments that you may have by email at sales@midlands-cane-garden.co.uk or write to us at Unit 1 Kingsley Business Park, New Road, Kibworth, Leicestershire, LE8 0LE.

15. Shortages/Damages

15.1 Please ensure that the content of your order is thoroughly checked on receipt of delivery.

Any damages or shortages should be reported as soon as possible, ideally within 7 working days of receipt of delivery.

Please notify us by email and include a brief summary of the issue, images of the fault/damage, your order number &/or contact details to sales@midlands-cane-garden.co.uk

Please contact us again if you do not receive a return email acknowledging receipt of your email

15.2 Warranties are applicable only to products used within domestic settings. Warranties are not valid for products used within commercial settings (including, but not limited to the following industries/settings) catering, entertainment, education, health, place of business).

16. Returns Policy

16.1 Customers have up to 14 days after they have received the item, to return it back to us.

Please email us on info@midlands-cane-furniture.co.uk to detail the return.

The cost of returning the items will be met by you.

You must then ensure that the item is received by us within 14 calendar days, starting on the day after you notified us of your intention to return.

Once we have received the item/s we will issue a refund.

All refunds will be processed within 14 days from when we received the item/s back.

The item/s must be returned in the same condition you received it in and in the original packaging.

It is not possible to return or refund bespoke custom made orders.

Please email us (info@midlands-cane-furniture.co.uk) to request return details.

17. Price Matching

17.1 Price Match guarantees are subject to Midlands Conservatory & Garden Furniture’s Terms and Conditions, which are as follows.

17.2 Price Match Guarantees apply only to items ordered for delivery within the UK mainland

17.3 The competitor’s product must be identical to that being offered by Midlands Conservatory & Garden Furniture

17.4 The competitor’s product must be IN STOCK and ready for delivery at the time a price match is requested.

17.4(a) Midlands Conservatory & Garden Furniture hold the right to verify that the stock is available from the said competitor

17.5 The competitor’s price must include VAT

17.6 The competitor’s price cannot include any personal/member’s discount

17.7 The competitor is required to be based within the UK

17.8 The competitor’s product cannot be an ex-display model, part of a clearance sale and/or from a discontinued range.

17.9 Midlands Conservatory & Garden Furniture holds the right to withdrawn from the Price Match Guarantee if they do not agree with our Terms & Conditions

17.10 Midlands Conservatory & Garden Furniture holds the right to terminate our Price Match Guarantee at any time by notifying customers on our website

Please feel free to speak to our Sales Team at Midlands for further assistance on our Terms & Conditions.

Alexander Rose Bergen