Terms and Conditions
THESE TERMS AND CONDITIONS DO NOT AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER
1. GENERAL
The purchase of our products and services including those available through our website at rhinogreenhouses.co.uk, and any sub-domains of that website (“Website”) is subject to the following terms, conditions and notices (“Terms and Conditions”). By purchasing and using the products and services from us, including those available through the Website, you are agreeing to all of the below Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions. However, where there is an existing Contract (as defined below) between us, neither of us may amend the Terms and Conditions in respect of that Contract unless agreed in writing between you and us.
2. INTERPRETATION
The following words and phrases shall have the meanings ascribed to them below:
2.1 “Business Customer” means a Customer who is purchasing the Products wholly or mainly for use in the course of a trade, profession or business (even if the Customer is an individual);
2.2 “Consumer” means a Customer who is not a Business Customer;
2.3 "Contract" means any agreement between the Seller and the Customer for the sale and purchase of the Products, subject to and incorporating these Terms and Conditions;
2.4 "Customer", “you” or “your” means the person or party who purchases the Products from the Seller;
2.5 "Products" means any products and/or services agreed in the Contract to be supplied to the Customer by the Seller (including any part or parts of them); and
2.6 "Seller", “we” or “us” means Greenhouses Direct Limited trading as Rhino Greenhouses (VAT Number 156 8595 60. Co Reg No 03031819) whose company registered address is The Rhino House, Roundham Park Industrial Estate, Roundham Road, East Harling, Norwich, Norfolk, England, NR16 2QN.
3. ENTIRE AGREEMENT
3.1 Subject to any variation under condition 3.2, the Contract shall be on these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which you seek to incorporate under any communication or other document).
3.2 These Terms and Conditions apply to all of our sales and any variation to these Terms and Conditions in respect of an existing Contract will have no effect unless agreed in writing between you and us. We also accept responsibility for commitments made to you by our authorised representatives (excluding third-party installers). If you require any changes as a result of such commitments, please make sure that you ask us to put these in writing so we can avoid any problems surrounding what we and you are expected to do.
3.3 In these Terms and Conditions, not all terms apply to all Customers. Where a term applies only to Business Customers or only to Consumers, this is clearly stated.
4. DESCRIPTION AND PRICING
4.1 The description of the Products are as set out on the Website and in our literature at the time you place an order.
4.2 All samples, drawings, descriptive matter, specifications and advertising provided by us and any descriptions or illustrations contained in the Website are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They will not form part of the Contract which is not a sale by sample. All sizes and quoted ‘Dimensions’ are nominal, overall and external and, in the case of greenhouses, include the manufacturer’s base (where available).
4.3 We make every effort to ensure that prices shown on the Website are accurate. If an error is found, we will inform you as soon as possible and offer the option of reconfirming the order at the correct price, or cancelling the order. If we do not receive a revised “Confirmation of Order” within 3 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 3 day period, we will refund or re-credit you for any sum that has been paid.
4.4 All prices are shown in UK £s (pounds sterling) and unless expressly stated otherwise, include the current rate of applicable VAT.
5. ORDER PROCESS AND PAYMENT
5.1 All orders placed by you by any means (including via the Website, in-person or over the phone) are subject to our final acceptance.
5.2 Unless you are a Business Customer (in which case, condition 19 applies), we charge you for either the full amount or a deposit of the price of the Products when you submit an order for the Products. It is your decision over whether you want to pay the full amount or a deposit of the price for the Products upon submitting your order (for example, if you would like to delay delivery of the Products beyond our standard delivery window then you may choose to pay a deposit). Where you choose to pay a deposit upon submitting your order, you are required to pay the remainder of the price of the Products two (2) weeks prior to delivery of the Products and we (or a third party on our behalf) will send you a payment link to enable you to pay the remainder of the price for the Products.
5.3 On receipt of your order, we will email you an ‘Order Acknowledgement’. This ‘Order Acknowledgement’ does not constitute our acceptance of your order.
5.4 A ‘Pro-forma Invoice and Order Summary’ is then emailed to you.
5.5 We also email you a ‘VAT Tax Point Invoice’ for each payment made by you.
5.6 In the event of any discrepancies requiring an amendment to the order, we may contact you at any time prior to the despatch of the Products.
5.7 We do not accept the order and a Contract is not formed until we despatch the Products.
5.8 We may reject orders, for example, because a Product is unexpectedly out of stock. When this happens, we will let you know as soon as possible and refund any sums paid by you.
5.9 If you indicate during the order process that you would like installation services to be provided to you, we will contact you to provide you with details of installers in your area. Unless otherwise notified to you, you will pay the installers directly for their installation services and your contract for the installation services is with the installer directly, not with us. The installer is an independent contractor that is hired by you and we are not liable for any loss or damage caused by the installer.
5.10 If we agree that you will pay us directly for the installation services, the price for such installation services will be included in the price for the Products and we will pass on any third-party installation fees due to any third party installers who assist us with the installation of such Products. In such circumstances, your contract for installation services is with us, and not the installer directly.
5.11 If you fail to pay us any sum due pursuant to the Contract, you are required to pay interest to us on such sum from the due date for payment at the annual rate of 8% above the base lending rate from time to time of the Bank of England, accruing on a daily basis until payment is made, whether before or after any judgment.
6. DELIVERY
6.1 Normal delivery methods and timescales vary according to your delivery address and which Product(s) you are ordering from us. You should let us know before submitting your order whether you would like us to delay your delivery of the Products past our standard delivery window, and if so, your requested delivery timeframes.
6.2 Any dates specified by us for delivery of the Products are intended to be an estimate only. If no dates are so specified, delivery shall be within a reasonable time. Occasionally, our delivery to you may be affected due to circumstances beyond our reasonable control. Please see condition 16 for when this happens.
6.3 When the Products are ready for delivery, we will notify you (or, in some cases, a third party acting as delivery agent on our behalf will notify you) of the intended delivery date and method of delivery.
6.4 If, on the notified delivery date, you do not provide suitable vehicular access, appropriate instructions or fail for any reason to accept delivery of any of the Products, we may charge you an additional fee for re-delivery.
6.6 We may deliver the Products by separate instalments. Each separate instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle you to cancel any other Contract or instalment. However, please see condition 8 regarding your right of cancellation if you are a Consumer.
7. RISK
The Products will become your responsibility from the time of delivery with the exception for Products shipped outside the UK, Ireland and the Channel Isles where the responsibility passes to you at the time of delivery to your agent or freight forwarder.
8. RIGHT OF CANCELLATION
8.1 This condition does not apply if you are a Business Customer.
8.2 If you purchase the Products using the Website or on the phone, you may cancel the Contract for any reason, but no later than 14 days after delivery of the Products.
8.3 Cancellations must be in writing and sent to Rhino Greenhouses, The Rhino House, Roudham Park Industrial Estate, Roudham Road, East Harling, NR16 2QN or by email to sales@rhinogreenhouses.co.uk who, no later than 7 working days from receipt of your cancellation, will confirm to you the relevant Product return and refund procedures.
8.4 For the avoidance of doubt, you will not have a right to cancel the Contract if the Products were purchased on site at our premises. You also can’t change your mind about an order for installation services where you have requested that installation services are provided to you within 14 days after delivery of the Products and such services have been provided to you.
9. RETURNS IN THE EVENT OF CANCELLATION
9.1 This condition does not apply if you are a Business Customer.
9.2 With the exception of faulty Products (which is dealt with under condition 10 below), if you choose to cancel the Contract, you are responsible for the costs of returning the Products to our premises. Where you have requested that installation services are provided to you within 14 days after delivery of the Products, you may also be responsible for the costs of supply of the installation services up to the date of cancellation which we have incurred or incurred on your behalf.
9.3 Whilst the Products are in your possession, you are required to take reasonable care of the Products.
9.4 We will deem that you have not taken reasonable care of the Products if they have been damaged in your possession (or in transit whilst being returned) or during use or assembly.
9.5 Once the returned Products are received and pass inspection at our factory, we will refund the purchase price of the Products within 14 days from the date of their return to us (or the date of receiving evidence that you’ve sent the Products to us). Refunds will be issued back to the original payment method used by you.
9.6 Where you chose an enhanced delivery service for the Products (e.g. express delivery or delivery at a particular time), we will only refund to you our standard delivery costs.
9.7 If you accept our offer to collect the Products which have been cancelled pursuant to condition 8.2, the cost of such collection may be deducted from any amount refunded. Generally, our costs of collection are 20% of the price of the relevant Product(s).
9.8 We reserve the right to make a “Service Charge” if we deem that you have not taken reasonable care of the Products to compensate us for any loss in value of the Products (e.g. if there is damage to the Products where the Products have been used or installed).
9.9 You authorise us to recover the costs of collection and/or the Service Charge by: (i) debiting your credit or debit card, following any refund made; or (ii) setting-off the Service Charge against any refund made (provided that we still refund our standard delivery costs).
9.10 We will accept returns for Products shipped outside the UK, Ireland, and the Channel Isles where we are required to do so by applicable law.
9.11 You can find our ‘Returns & Refund Policy’ here.
10. FAULTY, MISSING OR DAMAGED PRODUCTS
10.1 This condition does not apply if you are a Business Customer.
10.2 You must report any faulty, missing or damaged Products as soon as reasonably possible after delivery, either by telephone to 0800 694 1929, in writing to Greenhouses Direct Limited trading as Rhino Greenhouses, The Rhino House, Roudham Park, Roudham Road, East Harling, NR16 2QN or by emailing service@rhinogreenhouses.co.uk.
10.3 We will bear the costs of supplying any replacement faulty, missing or damaged Products.
10.4 We honour our legal duty to provide you with Products in accordance with the Contract and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice website www.citizenadvice.org.uk.
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Summary of your key legal rights |
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The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: · Up to 30 days: if your goods are faulty, then you can get a refund. · Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. · Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. |
11. EXCHANGES
11.1 If you order the wrong Product, you are required to contact us within 14 days of delivery to arrange an exchange.
11.2 You are responsible for returning the incorrect Products to us unless otherwise agreed.
11.3 Some exchanges may incur restocking and delivery fees, which will be handled on a case-by-case basis.
11.4 If we deliver the wrong Product to you by mistake, we will arrange to collect the incorrect item and deliver the correct Product, free of charge.
12. OUR WARRANTY
12.1 The Products may be sold with a manufacturer’s warranty, details of which can be found in this condition 12.
12.2 Rhino Greenhouses are sold with a 25-year guarantee running from the date of despatch from our factory. The guarantee is applicable to the greenhouse aluminium framework only and excludes glass breakages, automatic vent openers and all other Rhino or non-Rhino optional accessory items (“the Warranty”).
12.3 The Warranty may be transferred to another person where re-installation of the Products is not required (e.g. if you move house and the Products remain installed at your previous house). Otherwise, due to the risk and complexities regarding re-installation of the Products, the Warranty is personal to you, as the original Customer, as invoiced by us and is incapable of being transferred to another person.
12.4 The Warranty does not extend beyond the cost of any faulty components.
12.5 The full terms and conditions of the Warranty can be viewed here.
13. DATA PROTECTION
We use any personal data provided to us as set out in our Privacy Notice. You can find our Privacy Notice here.
14. LIMITATION OF LIABILITY
14.1 Nothing in these Terms and Conditions excludes or limits our liability:
14.1.1 for death or personal injury caused by our negligence; or
14.1.2 defective products under the Consumer Protection Act 1987; or
14.1.3 breach of the terms implied section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
14.1.4 for fraud or fraudulent misrepresentation; or
14.1.5 for any matter which it would be illegal for us to exclude or limit its liability under any applicable laws.
14.2 Conditions 14.3 and 14.4 do not apply if you are a Business Customer. Please see condition 19.13 if you are a Business Customer.
14.3 We are not responsible for losses you suffer caused by us breaching a Contract if the loss is:
14.3.1 unexpected whereby it was not obvious that it would happen and nothing you said to us before we accepted the order meant we should have expected it (so, in the law, the loss was unforeseeable);
14.3.2 caused by a delaying event outside of our control; or
14.3.3 avoidable whereby you could have avoided the loss by taking reasonable action.
14.4 Our total liability to you in connection with our breach of a Contract is limited to the amount you paid us for the Products.
14.5 Where you are based in the European Economic Area, you retain all mandatory legal rights to which you are entitled in the country you live in and nothing in these Terms and Conditions excludes or limits our liability in respect of such mandatory rights.
15. ASSIGNMENT
15.1 We may transfer the Contract or any part of it to any third party. If you are not a Business Customer, we will ensure that the transfer won’t affect your rights under the Contract.
15.2 You are not entitled to transfer the Contract or any part of it without our prior written consent.
15.3 We may sub-contract the performance of any of our rights and obligations under the Contract to any third parties.
16. UNFORSEEABLE DELAYS
We reserve the right to defer the date of delivery or to cancel the Contract if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials. If the event in question continues for a continuous period in excess of 90 days, you are entitled to give notice in writing to us to terminate the Contract.
17. EXPORT OF PRODUCTS
We may export the Products to you from the United Kingdom. Where this is the case, you will be required to comply with laws and be responsible for the payment of any duties, import taxes or other costs of import. You will also need to obtain all licences, authorisations and approvals required for export of Products from the United Kingdom or import into the country you live in.
18. GENERAL
18.1 Each of our rights and remedies under the Contract are without prejudice to any of our other rights and remedies whether under the Contract or not.
18.2 If any provision of the Contract is found by any court or similar body to be illegal, invalid, unenforceable or unreasonable it shall be severed from the remainder of such provision and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
18.3 Our failure or delay in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of our rights under the Contract.
18.4 Any waiver by us of any breach of, or any default under, any provision of the Contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
18.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
18.6 These Terms and Conditions are governed by English law. Where you are not a Business Customer, you may bring claims against us in the English courts. If you live outside of England, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
18.7 Our Customer Service Team will do their best to resolve any problems you have with us or the Products. Our Customer Service Team can be contacted at 0800 694 1929 or service@greenhousesdirect.co.uk.
19. ADDITIONAL TERMS FOR BUSINESS CUSTOMERS
19.1 The following additional terms and conditions shall apply only if the Customer is a Business Customer.
PAYMENT
19.2 In relation to any Products purchased by the Customer using any credit facility granted by the Seller, the Seller shall issue an invoice for payment with the “Confirmation of Order”.
19.3 The Customer shall pay any invoice in strict accordance with the Seller’s terms of payment, as written on the invoice. Time for payment shall be of the essence.
19.4 No payment shall be deemed to have been received until the Seller has received cleared funds.
19.5 The Customer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Seller to the Customer.
19.6 Full legal and beneficial title and ownership of the Products shall only pass to the Customer when the Seller has received in full (in cash or cleared funds) all sums due to it in respect of:
19.6.1 the Products; and
19.6.2 all other sums which are or which become due to the Seller from the Customer under any other contract.
19.7 Until title and ownership of the Products has passed to the Customer, the Customer shall:
19.7.1 hold the Products on a fiduciary basis as the Seller's bailee;
19.7.2 store the Products (at no cost to the Seller) separately from all other Products of the Customer or any third party in such a way that they remain readily identifiable as the Seller's property;
19.7.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; and
19.7.4 maintain the Products in satisfactory condition and keep them insured on the Seller's behalf for their full price against all risks to the reasonable satisfaction of the Seller. On request, the Customer shall produce the policy of insurance to the Seller.
19.8 The Customer's right to possession of the Products shall terminate immediately if title and ownership of the Products has not already passed in accordance with condition 19.6 and one or more of the following is satisfied:
19.8.1 the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation of the Customer; or
19.8.2 the Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under any contract between the Seller and the Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade; or
19.8.3 the Customer encumbers or in any way charges any of the Products.
19.9 The Seller shall be entitled to recover payment for the Products notwithstanding that legal and beneficial ownership and title of any of the Products has not passed from the Seller.
19.10 The Customer grants the Seller, its agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where the Customer's right to possession has terminated, to recover them.
QUALITY
19.11 Where the Seller is a re-seller and not a manufacturer of the Products:
19.11.1 to the fullest extent permissible by law, the Seller is unable to offer any express warranties of any kind whatsoever in respect of the Products; and
19.11.2 Products which are found to be defective following delivery shall be dealt with by the Customer in accordance with any subsisting manufacturer's warranty. For the avoidance of doubt, this may mean that the Products are repaired as opposed to replaced and must be returned directly to the manufacturer as opposed to the Seller.
19.12 Save to the extent that any exclusion or limitation of liability may be prohibited by applicable law, all implied warranties relating to the Products (statutory or otherwise) including (without limitation) any warranties relating to quality or fitness for a particular purpose, shall be fully excluded.
LIABILITY
19.13 Subject to condition 14.1:
19.13.1 the Seller's total liability in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
19.13.2 the Seller shall not be liable whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract for any indirect or consequential loss, pure economic loss, loss of profits, loss of business, depletion of goodwill.
EXPORT
19.14 The Customer shall indemnify the Seller against any liability in relation to the Customer’s breach of any of the provisions of condition 17.
GENERAL
19.15 These Terms and Conditions constitute the entire agreement between the Seller and the Customer in relation to your purchase. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by the Seller or on its behalf which is not set out in these Terms and Conditions and that the Customer has no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms and Conditions.
19.16 No terms or conditions endorsed on, delivered with or contained in the Customer's purchase order, confirmation of order, communication, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
19.17 The Customer irrevocably agrees to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.