Terms & Conditions

Welcome to the www.kingsleysmythe.com website terms and conditions for use. These terms and conditions apply to the use of www.kingsleysmythe.com and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access www.kingsleysmythe.com

Before you place an order for say a teak outdoor garden set and you have any questions relating to these terms and conditions please contact us by e-mail on sales@kingsleysmythe.com  or call us on 0800 292 2194 10am and 5pm (Mon-Fri). Please note that all calls to our Customer Services Representatives will be charged at the 0800 rate (BT users only, other networks and mobile charges may vary).

Definitions

“Conditions” means these terms and conditions and privacy policy and the Special Conditions; “Product” means a product displayed for sale on the Website; “Product Description” means that part of the Website where certain terms and conditions in respect of the individual Product are provided; “Special Conditions” means the terms and conditions in the Product Description; “Users” means the users of the Website collectively; “Personal Information” means the details provided by you on registration; “We/us” means Kingsley Smythe Ltd; “Website” means the website located at www.kingsleysmythe.com or any subsequent URL which may replace it; “Cookies” means small text files which our website places on your computer’s hard drive to store information about your shopping session and to identify your computer; “United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands and “You” means a user of this Website.

Use of  This Garden Furniture Website

Access
You are provided with access to the website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration

You warrant that:
The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
You will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by e-mail, or calling us on 0800 292 2194 between 10am and 5pm (Mon-Fri).

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of www.kingsleysmythe.com, or the use by any other person accessing the website using your shopping account and/or your Personal Information.

Our rights; We reserve the right to:
modify or withdraw, temporarily or permanently, www.kingsleysmythe.com (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of www.kingsleysmythe.com (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using www.kingsleysmythe.com

Third party links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Recommendations

When you use www.kingsleysmythe.com, you’ll see that we may offer you recommendations, showing products we think you might like and could perhaps miss when you’re browsing the site.

We take reasonable care to ensure our recommendations are in line with your behavior as a customer at www.kingsleysmythe.com . Details of the products we recommend – such as price – are correct at the time recommendations are originally made to you, but can be subject to change without notice.

These trading terms and conditions apply to purchases of any products or goods from Kingsley Smythe Ltd.

Business Policies 

Please read the terms and conditions carefully as they contain important information Nothing in these conditions affects your statutory rights as a consumer.

Payment of the full Price shall be due at the date of the order. Time for payment shall be of the essence. If the Buyer does not pay the full Price on notification of shipment the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer. If the Buyer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full.

A defect under these terms means any imperfection in the material or workmanship that will impair the use of this furniture product. Any warranty in place does not apply to normal wear and tear or normal deterioration as a result of domestic residential use. Any offered warranty does not cover defects caused by the application of teak oil, varnish or wood stain. The warranty does not apply to furniture which has been placed on an uneven surface which as a result has caused the table to warp or caused opening/closing mechanical problems. For maximum longevity of your furniture your teak furniture should be placed on an even surface.

If for any reason you cancel your order (excluding damage or a fault with the item(s))within 14 working days from the date the goods have been recieved. If the customer wishes to cancel then it is the customers responsibility to look after the goods in their possession. We will process a refund and less a collection fee as stated in your payment invoice for the goods. Please contact us via telephone or e-mail to arrange a refund. Once authorised refunds will be issued to the same payment card used to place the order.

Delivery of in stock items are usually made within 30 days. If an item is out of stock we will inform the customer as soon as possible. The majority of items are delivered within a 14 day timeframe. For deliveries to Scotland or the Islands the price and time of delivery will be stated after your order has been received. Some circumstances are beyond our control and we may delay or cancel your delivery, in this instance we will not be held liable for any consequential loss you experience but will arrange a free re-delivery.

On the delivery day, please ensure that the trades people and delivery team can gain easy access to the area the furniture is being delivered and/or assembled. Please ensure that the area you want the furniture placed is cleared. Please inspect the furniture carefully before signing the delivery note or invoice. If the delivery team try to deliver at a pre arranged time and you are out they will return the furniture back to base and a re-delivery charge may apply. 

Prior to delivery the customer must inform Kingsley Smythe Ltd of any access or parking issues at the delivery address. The customer where necessary must provide vouchers or tokens to the delivery team to allow them to park and unload the furniture legally. If there is no adequate parking within a reasonable distance of the delivery address and the delivery team cannot safetly unload, the delivery team may not be able to deliver the furniture. In this case the furniture will be returned to base and a re-delivery charge may apply.

After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract. 

Risk of damage to or loss of the Products shall pass to the Buyer upon delivery. 

Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full

The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable. 

If the Buyer makes any voluntary arrangements with its creditors or becomes Bankrupt, goes into provisional or full Liquidation or any administration orders are made, the Buyer not being a consumer, the Seller shall be entitled to cancel the contract without any liability to the Buyer and if the Products have been delivered but not paid for, the price shall become immediately due and payable despite any previous arrangements to the contrary. 

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

Additional costs 

The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.