PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER.
BY PLACING AN ORDER WITH US YOU CONFIRM THAT YOU HAVE READ AND AGREE TO THESE TERMS.
The New forest garden machinery website accessible at www.nfgmltd.co.uk (the “Website”) is operated by New forest garden machinery Limited (“We”, “us” or “our”) We are registered in England and Wales under company number 5169813 and our registered office address is at 316-318 Salisbury Road, Totton, Hampshire SO40 3ND. Our VAT number is GB 837 8318 93.
This Website is aimed solely at users who access it from the UK mainland. You must be aged 18 and over to order a product from this Website and by ordering a product from us you confirm that you are over 18 years of age.
You acknowledge that your purchase of any product(s) through the Website will be subject to these terms and conditions. Please read these terms and conditions carefully before ordering any products from the Website. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions. We recommend that you print a copy of these terms and conditions for future reference.
We may change these terms and conditions and will post the modified version on this page providing a summary of the changes made. When you order a product from the Website, the terms and conditions in force at the time of your order will apply to the contract between you and us.
After placing an order on our Website, you will receive an automated e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an e-mail that confirms that the product is in stock and notifying you of the delivery date if you have chosen this option otherwise we will let you know with the date of when it will be ready to collect from our store at our registered address (the “Shipment of Order Email”). The contract between us (the “Contract”) will only be formed when we send you the Shipment of Order Email.
The Contract will relate only to those products whose dispatch we have confirmed in the Shipment of Order Email. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment of Order Email.
We reserve the right, at our sole discretion, to reject any orders received by notifying you in writing without incurring any further liability.
Orders will be accepted for delivery to UK mainland addresses within the 20 mile radius of our registered address in Totton only. We do not deliver outside of this limit without written confirmation by us before you order, so if you do find your address out side of the 20 mile radius please give us a ring to discuses the price for delivery.
Payment
The price you pay is the price displayed on the Website at the time we receive your order. However, if there is a pricing error, which was obvious and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect price. All prices shown are inclusive of VAT (at the applicable current rate chargeable in the UK for the time being). If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, (unless you have already paid for the products in full before the change in VAT takes effect).
Prices are liable to change from time to time, but changes will not affect orders in respect of which we have already sent you a conformation Order Email. Payment for all products shall be by credit card, debit card or World Pay. The following cards are accepted, Visa Electron, Solo, Maestro, Switch, Mastercard. If paying by card you will be required to provide your debit or credit card details at the time you place an order with us. Payment for all products and applicable delivery charges is taken when the order is placed. We reserve the right, at our sole discretion, to make external checks including via third parties, in order to verify your age and identity.
Delivery
There is delivery charge of £20 inclusive of vat at 20% for standard delivery in our own vehicles to the the 20 mile radius within our requested address in Totton. Other delivery options are available on request.
Delivery of an order shall be completed when we have deliver the product to the address you gave us and the product will be your responsibility from that time. Title to products purchased will pass to you on delivery, provided that we have received payment in full for the products.
Delivery will be made within 28 working days of the date we send you the Shipment of Order Email and in most cases within 7 working days. A working day will be any day other than a Saturday, Sunday or bank holiday in the UK.
Before Delivery
You can cancel your order at any time before delivery. If you wish to do so, please contact us by phone on 023 80 871764 or by email to customerservices@nfgmltd.co.uk .
14 Days Cooling Off Period
You have a legal right to cancel your order (being a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within 14 days of delivery of the product to you.
To cancel a Contract, you need to let us know that you have decided to cancel. You can email us at customerservices@nfgmltd.co.uk or contact our customer services team by telephone on 023 80 871764 or by post to the address set out below. If you are emailing or writing to us please include details of your order to help us identify it. If you notify us of your decision to cancel your order by email or by post, then your cancellation will be effective from the date you send the email or post the letter.
Subject to the Returned Products paragraph below, we will refund any products returned in their original condition and original packaging together with proof of purchase within 14 days of delivery to you.
Faulty or Defective Products
If the product received is defective in that it does not i) conform materially to the specification as set out on the Website or in the relevant user manual, ii) is not of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) or iii) it is not fit for the purpose described by us on the Website or as set out in any relevant user manual, you may return it either directly to us providing it is boxed in its original packaging.
Returned Products
Your sole remedy following the return of a defective product to us shall be its repair or a refund, which shall be decided at our sole discretion.
All returned products will be examined before any refund is issued. We reserve the right to refuse a refund and to recover our costs in the event that i) you have made further use of the product after giving notice that you intend to cancel the order and return the product to us, ii) the defect in the product has arisen because you have failed to follow any instructions set out in any relevant user manual or on our Website as to storage, use and maintenance of the product, iii) the product has been altered or repaired other than by an authorised dealer or iv) the defect has arisen as a result of fair wear and tear, willful damage, negligence or abnormal storage or working conditions.
The cost of the return delivery will be deducted from any refund issued.
We work in partnership with World Pay to ensure all information you give us during the order process is encrypted before transmission via our Website. Visit www.Worldpay.com for more information. Please note that separate terms may apply to your use of their service. Please read these carefully before ordering.
All our products carry our manufacturer’s warranty, the period of which will be dependent on the specific product, which will be identified in the product’s user manual. The warranty period starts from the date of delivery/collection and is conditional on the product being serviced at the recommended intervals by an authorised dealer. The warranty covers faults which may occur due to faulty components or workmanship but excludes consumable items, fair wear and tear or defects caused by misuse. This warranty is in addition to, and does not affect your legal rights in relation products that are faulty or not as described.
In the event the product proves to be faulty we shall during the warranty period, at our sole discretion, offer to either repair or replace the product. You shall have no further remedy for a faulty product.
Certain components are covered by their own manufacturer’s warranties. A copy of our full warranty terms and conditions can be obtained on request to the Warranty Department at the address shown below.
We will use the information you provide solely for the purposes of processing your order or enquiry. Details required as part of the payment process for security and validation checks will be passed to World Pay.
Your name, address and telephone number will be kept on our in house system solely for the purposes of delivery of your order and any warranty or after sales services.
Other than the above we will not provide your personal details to any third party.
[Please see our Privacy Policy here which sets out the terms on which we process any personal data we collect from you, or that you provide to use. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.]
We retain all rights to images, trademarks, copyright and materials contained in this Website. We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it and any user guides or other materials supplied to you in respect of an order. These works are protected by copyright, intellectual property rights and other relevant laws. All such rights are reserved. You are permitted to use material from this Website for your own personal non-commercial use only. Any other use is strictly prohibited.
Whilst we have made every effort to ensure that the content of this Website is correct and up to date, we do not guarantee the content will be free of errors. The images of the products on the Website are for illustrative purposes only and the colour of certain products may vary from those illustrated.
Nothing in these terms limits or excludes our liability for:
a) Death or personal injury caused by our negligence;
b) Fraud or fraudulent misrepresentation;
c) Any breach of the terms implied by section 123 of the Sale of Goods Act 1979 (these relate to title and quiet possession);
d) Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (these relate to the description of the product, its quality, fitness for purpose and samples)
e) Defective products under the Consumer Protection Act 1987
Subject to the above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the contract for any loss of profit, loss of business, business interruption, loss of business opportunity or any indirect or consequential loss.
Subject to those liabilities set out at a) – e) above, our total liability to you in respect of all losses arising under or in connection with the contract whether in contract, tort (including negligence), breach of statutory duty, shall in no circumstances exceed the purchase price of the product to which the claim relates. Nothing in this paragraph is intended to exclude or limit your legal rights as a consumer.
New Forest Garden Machinery LTD
316-318 Salisbury Road
Totton
Hampshire
SO40 3ND
UK To contact us telephone 023 80 871764 between 9.00am and 5.00pm Monday to Friday
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events, circumstances or causes outside of our control.
If an event outside our control takes place that affects the performance of our obligations under this Contract i) we will contact you as soon as reasonably possible to notify you and ii) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects the delivery of the products to you, we will arrange a new delivery date with you after the event outside our control is over.
You may cancel a Contract affected by an event outside our control which has continued for more than 30 days. To cancel a Contract in these circumstances, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.
Governing Law
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Waiver
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Severability
Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Notices
If you wish to contact us, you can contact us by telephoning our customer services team on 0845 601 4944, by emailing us at customerservices@nfgmltd.co.uk, or in writing to the address set out above.
If we have to contact you or give you notice in writing, we will do so by email or pre-paid post to the address you provide to us in your order.
SPG Machinery,
The Ag Workshop
Shallowmead Nurseries
Boldre Lane
Boldre
Lymington
Hampshire
SO41 8PA
