Privacy Policy

We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.

When you shop at www.kingsleysmythe.com, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website (“User Information”). We may collect this information even if you do not register with us.

You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service, or be used to present you with Kingsley Smythe products which are relevant to your browsing history when you visit other websites.

We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner’s Office. We use your information only for the following purposes:

Processing your orders;

For statistical or survey purposes to improve www.kingsleysmythe.com and its services to you;
To serve website content and advertisements to you;
To administer this website;

If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

If you create a shopping account while ordering online you may be given the option to receive information from Kingsley Smythe Ltd by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by telephoning us on 0800 292 2194

Your personal Information may be disclosed to other businesses within Kingsley Smthe Ltd and to reputable third parties who will help to deliver your garden furniture order. Kingsley Smythe Ltd requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. We will not release your Personal Information to any company outside of Kingsley Smythe Ltd for mailing or marketing purposes unless you have agreed and given us your consent via the option tick box.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.

Cookies are tiny text files stored on your computer when you visit certain web pages. At www.kingsleysmythe.com, we use cookies to keep track of what you have in your basket, and to remember you when you return to our site.

To order products on www.kingsleysmythe.com, you need to have cookies enabled. If you don’t wish to enable cookies, you’ll still be able to browse the site and use it for research purposes. Most web browsers have cookies enabled, but see managing cookies on your web browser for help to turn them on should you need to.

Please note that cookies can’t harm your computer. We do not store personally identifiable information such as credit card details in cookies we create, but we do use encrypted information gathered from them to help improve your experience of the site. For example, they help us to identify and resolve errors, or to determine relevant related products to show you when you’re browsing.

Questions regarding this Policy should be directed as follows:

Customer Services:
Kingsley Smythe  Ltd
Crogan Barn,

Alden Farm,

Aldens Lane,

Didcot, Upton,

Oxfordshire.

OX11 9HS

Purchase Of Garden Products

Orders
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Contract creation and electronic contracting

The technical steps required to create the contract between you and us are as follows:
You place the order for your products on www.kingsleysmythe.com by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.

We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from www.kingsleysmythe.com.

As your product is shipped from our warehouse we will send you a dispatch confirmation email or call you personally if you have requested this option.

We will make every effort to deliver your item’s as speedy and efficiently as possible within our control and that all orders placed on the web site are filled within a 30 day maximum period, unless the item is out of stock, in this case will inform you of this immediately.

Order acceptance of the contract between you and us will take place on payment by you to us for the Products ordered unless we have notified you that we do not accept your order, or you have cancelled your order.

Non-acceptance of an order may be a result of one of the following:

The product you ordered being unavailable from stock.
Our inability to obtain authorisation for your payment.
The identification of a pricing or product description error.
You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
The contract will be concluded in English.

The details of your specific contract will not be filed by www.kingsleysmythe.com . In compliance with Data Protection Act requirements. Should you require any information regarding orders you have placed with www.kingsleysmythe.com  please write to us at the following address:

Customer Services:
Kingsley Smythe  Ltd
Crogan Barn,

Alden Farm,

Aldens Lane,

Didcot, Upton,

Oxfordshire.

OX11 9HS

Contract cancellation under the Consumer Contracts (Information Cancellation & Additional Charges) Regulations 2013

Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right and notify us no longer than 14 working days after the day on which you receive the Products.

If you wish to exercise your right to cancel this contract after your order has already been dispatched, we will refund the original purchase price but not the delivery charge, provided that you have notified us in writing no longer than 14 working days after the day on which you receive the products, and that you have taken reasonable care of the products and not used them and the goods are returned in the original packaging. Please note that there will be a minimum charge of £25 for goods under a weight of 40kg, over 40kg the charge could be up to a maximum of £200 for collection of the goods that have been delivered, but you may return goods under your own volition.

Please see our refund policy for further details.

Description of products

Each Product purchased is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on www.kingsleysmythe.com are correct at the time when the relevant information was entered onto the system. Although we aim to keep www.kingsleysmythe.com as up to date as possible, the information including product descriptions appearing on www.kingsleysmythe.com at a particular time may not always reflect the position exactly at the moment you place an order. .

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of www.kingsleysmyhe.com shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within www.kingsleysmythe.com is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with laws

www.kingsleysmythe.com may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding www.kingsleysmythe.com and any transactions conducted on or through www.kingsleysmythe.com.

Limitation of liability

While we will use reasonable endeavors to verify the accuracy of any information we place on www.kingsleysmythe.com, we make no warranties, whether express or implied in relation to its accuracy. www.kingsleysmythe.com is provided on an “as is”and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to www.kingsleysmythe.com, or any transaction that may be conducted on or through www.kingsleysmythe.com including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through www.kingsleysmythe.com.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:

any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions.
Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement
These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Kingsley Smythe Ltd and you are expected to do. You confirm that, in agreeing to accept the conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions.

Law

The conditions shall be governed by and construed in accordance with the laws of England, Wales, Scotland and N. Ireland and you irrevocably submit to the exclusive jurisdiction of the courts of England, Wales, Scotland and N. Ireland.

Activity

Kingsley Smythe Ltd offers for sale Teak Benches, Teak Tables, Teak Chairs, Teak Loungers, Teak outdoor Garden Sets, Maywood Indoor and outdoor Tables, and garden furniture in general and accessories.

Prices

Prices listed are in GBP and are inclusive of delivery costs and VAT (but exceptions may apply).

The price on your order will be validated by us as part of the acceptance procedure. We try to ensure prices displayed on our website are correct at all times. Should a pricing error arise, we will inform you if a product’s correct price is higher or lower than that stated on your order and you may choose to either proceed with or cancel the order.

We will Endeavour to match the price of any like-for-like product you find on-line. If you find the same product cheaper elsewhere please email us at sales@kingsleysmythe.com  and ask for a price match. This forms our price guard service. Discounted quotations can be requested for bulk or multiple orders and by charities and community organisations.

Payment

Payment is usually by credit or debit card, we accept MasterCard, Visa, Switch, Solo, Delta or Maestro and payment is taken when we receive your order.

The price you pay is the price displayed on this garden furniture website at the time we receive your order (and any applicable additional delivery charges) apart from the following exception.

While we try and ensure that all prices on our website are accurate, errors may occur.  If you cancel and you have already paid for the goods, you will receive a full refund.

Kingsley Smythe Limited is entitled to refuse any order placed by you. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.

The checkout stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Kingsley Smythe Limited.

You undertake that all details you provide to us for the purpose of purchasing products or services which may be offered by us on our website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any products or services. We reserve the right to obtain validation and verification of the authenticity of your credit or debit card details before providing you with any products or services.

On-line and telephone order payments are processed via our SSL secure payment system.

Availability and Description

All products depicted on our website (as may be varied from time to time) are available for delivery almost everywhere in mainland UK, and by special arrangement to the Channel Islands, Republic of Ireland, Isle of Wight, Isle of Man and the Scottish Highlands & Islands.

All products are subject to availability. If the product you order is unavailable, we may offer you with a substitute of an equivalent quality and price (“Substitute Product”). In the event that we are unable to supply the product or any substitute product to you at all, we shall notify you as soon as possible and shall reimburse your payment in full. .

Very occasionally products featured on our website may be known by different model numbers or branding names but are in fact the same product as stipulated by the manufacturer, these items may vary cosmetically, sometimes they are identical, we reserve the right to supply these as the products listed on our website. These items will not be classed as substitute products. If you are in any doubt please speak to us before placing your order.

Pictures and illustrations shown on this website are accurate representations as can be expected, given the possibility of  slight colour and tone of the photographs and illustrations themselves.

When The Delivery Arrives

Delivery will be deemed as successfully made once the product has arrived at the address specified so long as the product has been signed for or a signed note by the buyer has been left to say that the goods can be left unsigned for. Where goods are required to be signed for, these must be signed for by an adult aged 18 years or more. Products will be deemed your responsibility once they have been received by you, your agent or the intended recipient or a signed note has been left indicating that delivery can be left unattended. Any loss or damage to the products shall then be at your own risk.

In case of delivery to certain locations such as hospitals, airports, hotels, ships and other business premises, the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery.

Please note if access for delivery is restricted please ensure that you inform us when placing your order or in all circumstances prior to dispatch. Failure to do so will result in the delivery being treated as a failed delivery if access is unavailable and may result in a re-delivery charge being applied. If the order is subsequently cancelled for a refund (within the specified time limit) this will be treated as a cancellation under the applicable Regulations (see contract cancellation)  and the original delivery charge will be taken from any refund issued. Should a delivery be refused at the delivery address, and re-requested for another date, we may, at our discretion charge for the second delivery since we met our delivery obligations with the initial delivery attempt. If you refuse an item that is being delivered for any reason when it arrives you must notify us immediately that you have refused delivery and the reason for refusal to customerservice@kingsleysmythe.com. failure to notify us may result in the original delivery charge becoming payable. If delivery is refused because it is decided you no longer require the goods and the order is subsequently cancelled and a refund given the original delivery charge will be taken from the refund before it is issued.

It is the Recipient’s responsibility to sign for the correct number of packages as shown on the carrier’s delivery consignment note. Shortages must be noted on the consignment note where possible. You should notify us of the shortages within 48 hours of delivery. (Please see Packages/Parcels Missing on delivery section for further information)

It is your responsibility to ensure that your goods are checked before signing the delivery note. If you have received a package that is damaged and have chosen to accept the delivery, it is important that you sign the delivery note as “damaged”. You must notify us of any damage within 48 hours of receipt and we will require photographic evidence of the damage to be supplied to us. We will then arrange to collect and replace your item within the usual time scales as indicated in the terms of delivery or offer an alternative remedy. Signing of the delivery note as ‘unchecked’ or similar wording’ does not waive your right of notification to us for damage. Signing the delivery note as ‘unchecked’ or similar wording’ will be deemed to have be acceptance of the goods as undamaged. We cannot accept claims for damaged goods if the courier has obtained a clean signature or if more than 48 hours after delivery has passed. We cannot process claims for damaged packaging where the contents are undamaged. The function of the packaging is to protect the contents whilst the item is in transit.

If you receive a parcel which is obviously damaged beyond all levels of acceptability please REFUSE delivery for the item(s) and contact us immediately by email to customerservice@kingsleysmythe.com  or telephone us on 0800 282 2194 we can then arrange for the appropriate action to be taken.

Cancellations Before Dispatch

If you wish to cancel your order before dispatch, please email us at sales@kingsleysmythe.com  You may cancel your order at anytime up until dispatch, however in some cases there may be a minimum 10% administration charge. If you cancel your order via telephone before your order has been dispatched your order will be put on hold. You must then confirm your wish to cancel the order in writing via email to sales’kingsleysmythe.com or by post to:

Customer Services:
Kingsley Smythe  Ltd
Crogan Barn,

Alden Farm,

Aldens Lane,

Didcot, Upton,

Oxfordshire.

OX11 9HS

Your order will not be considered cancelled until notification in writing or via email is received and acknowledged. Cancellations After Dispatch

If you decide to cancel an order after the product(s) have been dispatched and commenced their carriage to you please email us at sales@kingsleysmythe.com  we may, at our discretion, charge you for the return carriage of those product(s) which will be deducted from any refund issued. We advise you to check the status of your order before you request cancellation. Any charges will be communicated to you before we confirm the cancellation.

Change of Mind Returns Online Orders Only (Cooling Off Period)

You may return any delivered product(s) you have purchased within 14 working days after day of delivery for any reason (including if you simply change your mind) these are subject to a minimum 10% administration fee for all cancelled orders. To do so you must notify us in writing or via email to sales’kingsleysmythe.com stating the reason for the return. If you are returning a product for any change of mind reason you must arrange to return the products to us or to our suppliers and you will be responsible for any charges incurred. All returned products must be returned ‘as new’; if you have opened the package you must have done so without damaging or marking the product or packaging. All items will be checked upon return before the relevant action is taken. All items are to be returned within 14 days of cancellation.

Please note you have a duty of care to make sure that the items are sufficiently packaged to prevent damage occurring during their return. Failure to ensure this may result in action being taken against you for damaged items. If the item is damaged on arrival at our point of delivery we will notify you and you may need to make a claim against your carrier. The goods may then be collected from us. We cannot process a refund for goods damaged in transit when sent back to us.

Before you request or arrange the return of a product, please read the information below carefully. Please note that if applicable, all parts must be checked before assembly to make sure they are all there and that you are happy with the quality, once fully assembled has been commenced the purchase price cannot be refunded.

Please note these provisions do not apply to “bespoke” or individually designed or manufactured products at a customer’s request (statutory rights notwithstanding)

Other Returns

Damaged or Broken on Arrival (Cancelling the Order)
In all cases for damaged items or broken items on delivery where you wish to cancel the order and return the goods (damage must be reported within 48 hours of delivery) we will require photographic evidence of the condition of the item you are returning. This will be at our discretion. Electronic files should be forwarded to us by email to sales@kingsleysmythe.com and we will obviously also accept printed media via the postal system. We will then collect the item(s) from you if applicable, you will receive a full refund once the goods have been delivered to us and have been inspected. We cannot accept back for a full refund any item which has been assembled, incorrectly assembled causing a fault, accepted or used. Please note you have a statutory duty to take reasonable care of the goods in your possession which includes packaging the goods for return to prevent further damage. The goods remain your responsibility until received by ourselves.

Damaged or Broken on Arrival (Replacement Parts or Item)

In all cases for damaged items or broken items on delivery where you wish to have a replacement or parts sent (damage to be reported within 48 hours of delivery) we will require photographic evidence of the condition of the item. This will be at our discretion. Electronic files should be forwarded to us by email to sales@kingsleysmythe.com  and we will obviously also accept printed media via the postal system. We can then arrange to send replacement parts or if this is not possible we can then arrange to collect the item(s) from you. Once the goods have been returned we will then issue a replacement within our normal delivery schedule. This does not affect your statutory rights. Please note you have a duty of care to take reasonable care of the goods in your possession which includes packaging the goods for return to prevent further damage. The goods remain your responsibility until received by ourselves.

Damage Reported after 48 hours of Delivery

We cannot accept any claims for damages which are not reported after 48 hours.

Item Received is not what you Ordered

If the product delivered is not what you ordered, or does not correspond fully with its item description and you wish to discuss this please notify us immediately on 0800 282 2194 or email sales@kingsleysmythe.com  as soon as possible.

Item is Faulty on delivery

If an item becomes faulty within the first 10 days please do not use the goods, please notify us as soon as practicable on 0800 282 2194 or email us at sales@kingsleysmythe.com  to inform us of the problem. We can then arrange for a replacement or refund as required. In both cases we will arrange to collect the goods at our expense and examine them. If the goods prove to be faulty we can then arrange for a replacement to be sent or to refund you the cost of your purchase if you wish to do so.

Please note you have a duty of care to take reasonable care of the goods in your possession which includes packaging the goods for return to prevent damage. The goods remain your responsibility until received in a satisfactory condition by ourselves.

Faulty Items

Should any item/. items become faulty after purchase please stop using and contact Kingsley Smythe Ltd  on  0800 282 2194 or  sales@kingsleysmythe.com  as soon as possible so we may come to an amicable solution regarding the problem

Packages/Parcels Missing on Delivery

The delivery note which you sign will clearly state how many parcels should be delivered. If parcels are missing on delivery please sign the delivery note and write on the delivery note how many parcels were actually received. Please notify us within 48 hrs (2 working days) of delivery on 0800 282 2194 or  emailo sales@kingsleysmythe.com detailing the parcels missing. If we receive a signature on a delivery note stating that all parcels have been delivered we cannot accept any claims after this for missing parcels.

Parts Missing Following Delivery

Please notify any missing parts following the inspection of the goods. Please notify us within 7 days of delivery on 0800 282 2194  or  email to sales@kingsleysmythye.com detailing the parts and giving part numbers if applicable. You may also send in photos or an illustration if this would help identify the missing part(s). On receipt of the information we will arrange for the relevant part(s) to be sent out to you. Please note that all parts must be checked before assembly to make sure they are all there, once assembly has been commenced the purchase price cannot be refunded. (Please note this is not to be confused with missing parcels as detailed above)

It would be helpful if you can quote the original packaging reference number when contacting us.

Parts Missing After 7 Days of Delivery

We cannot accept liability for part(s) missing if they are reported more than 7 days after delivery.

General Return Information

We will not accept returns or cancellations if the product(s) have been altered by applying chemicals or paints to the surfaces or by altering or customising the product in any way that could be deemed as you using or treating the products as your own. While in your possession, you must keep any products you intend to return to us in good condition. Products must be returned in the same condition as they were delivered and it is your responsibility to take reasonable care of these items. If products were delivered flat packed they must be returned in the same way including complete dis-assembly. Care must be taken to ensure the returned products are packed well to avoid damage or loss of parts in transit, the products remain your responsibility until they are received by us in an undamaged condition. Your statutory rights are not affected.

Refunds (where applicable) will be processed within 5working days.

Please note once weather covers have been removed from their packaging, we are unable to offer refunds on these items. This does not affect your statutory rights.

General

We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that current version. You must check the terms and conditions on the website regularly or on each visit to our site.

These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and us. If any provision or terms of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court. Except in respect of a payment obligation, neither you nor Kingsley Smythe Limited will be held liable for any failure to perform any obligation to the other due to causes beyond your or Kingsley Smythe respective reasonable control. Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute a waiver of that obligation or right.

These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999. Please note that our website is available only to individuals that can form legally binding contracts under applicable law. You must be over 18 years to purchase the Products, using the payment methods displayed on our website. If you do not qualify you may not use our website.

Kingsley Smythe Limited shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

Not withstanding the any of above, Kingsley Smythe Limited’s liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause. This of course does not affect your statutory rights as a consumer, and does not affect your contract cancellation rights.

All items bought by companies or individuals for trade or resale purposes will be deemed to be “trade to trade” transactions and in respect of such transactions Kingsley Smythe Limited offers no warranties for said products.

Manufacturer.

Notices

All communications with Kingsley Smythe Limited shall be given;
to us via email to sales@kingsleysmythe.com. Please note that even though an email has been sent or you have received an automated email acknowledgement is not proof that we have received or read the email. If you have had no reply within 5 days please contact us by post to:

Customer Services:
Kingsley Smythe  Ltd
Crogan Barn,

Alden Farm,

Aldens Lane,

Didcot, Upton,

Oxfordshire.

OX11 9HS

By Telephone 0800 282 2194  (National rate telephone charges apply please check with your telecoms provider).

To report damaged parcels only on delivery please also telephone: 0800 282 2194

Modifications to Website

We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these terms and conditions.

Please note that although we try to ensure that the content of our website is accurate, our websites may contain typographical errors or other inaccuracies. Photographs are for illustrative purposes only. Product colours may vary slightly due to the nature of the product, photographic process and computer display. Illustrations used are merely illustrations and the product may be cosmetically different but will not deter the quality and/or performance of the product.

These terms and conditions replace all other terms and conditions previously applicable to the use of our website and/or sale of the product(s).

Liability

We promise that for any product you purchase from our web site:
We have the right to refuse to sell or sell the product to you;
The product will correspond with the advertised description E&OE ( Errors and Omissions Excepted ); and
The product will be of satisfactory quality in relation to the item description and the price paid.
We will not consider claims for consequential loss in relation to distress, inconvenience or disappointment.
In any event liability shall be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.

Information You Provide To Us

The following applies to any information you provide to us, for example during the registration or ordering process.

You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our suppliers, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our “Partner Companies”).

If you obtain or choose to buy products from our website then we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters or other messages, then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as the “Purposes”). All such information collected by us shall be referred to in these terms and conditions as “Personal Information”.

You must ensure that the personal information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your personal information, please read our privacy policy. By accepting these terms and conditions, you agree to the processing and disclosure of the personal information for the purposes. If you would like to review or modify any part of your personal information then you should email us at sales@kingsleysmythe.com. In addition, the following applies to all messages, emails, ideas, suggestions, concepts and other material submitted by you to us (“Content”):

You must own or have the right to submit content for publication on our website and all content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;

You must ensure that all content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;

You must ensure that the content does not advertise or otherwise solicit for funds or is a solicitation for products or services; and We have the right to monitor content and may elicit, reject remove or change content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other content if we believe that their content is, or may be inappropriate or otherwise does not comply with the above. You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all content that you submit to us except any portion of the content that is personal information. You have sole responsibility for the content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us. You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.

All advertised sizes and measurements are an approximation but Kingsley Smythe Ltd. endeavour to make sure that all are as accurate as possible.

Security

You are responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

Applicability of Online Materials

Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use. Our website is controlled and operated by us from our offices in England. Where content published on our website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.

We have used our best endeavors to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws.

If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately. Kingsley Smythe Limited makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you.

You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Kingsley Smythe Limited accepts no liability, to the extent permitted by applicable laws, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

Copyright and Monitoring

The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Kingsley Smythe Limited, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an Order with us or using our website as a shopping service. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.

Linked Sites

Kingsley Smythe Limited makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Kingsley Smythe Limited endorses or accepts any responsibility for the content, or the use of, such a website and Kingsley Smythe Limited shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use or reliance on any content, Products or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

Availability and Use of Our Website

We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or is error free and can accept no liability for its unavailability.

You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.

We accept no liability for any indirect, consequential loss, damage or special or punitive damages, or costs, or for any loss of data, profit, revenue, business contracts (whether direct or indirect) in each case, however caused, even if foreseeable and even if we have been advised of the possibility of such damages. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Us or our servants, agents or any other person or entity. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

All prices are in GBP. Copyright 2016 Kingsley Smythe Ltd

Returns Policy

If you have changed your mind:
If you have received an item that you no longer require, you can send it back to us at your cost. We must be informed within 7 days of your receipt of the order. Once we have received the item(s) back, we will inspect it to ensure that the item is not damaged and when we are happy that the product is re-saleable we will issue a refund to the value of the product less the delivery fee. Please note that all products returned must be returned in their original packaging and be unused.

If a collection by us is required for unused and undamaged goods there will be a charge – this would be agreed between both parties but the collection charge will be a minimum of £25 GBP for items up to 40kg and £200 GBP for items weighing over 40kg.

Damaged Goods

In the unlikely event you receive a damaged product(s), we must be informed within 48 hours of receipt of the goods. We always require photographic evidence to be provided via email to customerservice@kingsleysmythe.com .

We reserve the right to provide replacement parts(s) or where this is not possible a complete replacement for a damaged product.

Please note that a collection cannot be arranged without a customer signature. This will be arranged at your convenience. You may, on occasion, be asked to dispose of the garden furniture.

Who pays for the return costs?

This depends on the reason for the return. If a product is incorrect, faulty or damaged we will cover the costs of the return and the cost of delivering a replacement. If the product is unwanted, then we will not cover the cost of the return and it is up to you to return the product to us in re-saleable condition. Once we have received the unwanted item back, we will inspect the product to ensure it is not damaged and then issue a refund for the value of the product minus delivery/collection costs.

Which address should I use when returning an item?

Customer Services:
Kingsley Smythe  Ltd
Crogan Barn,

Alden Farm,

Aldens Lane,

Didcot, Upton,

Oxfordshire.

OX11 9HS

Credit / Debit Card

A refund to your Credit / Debit card takes between 3 / 5 working days after the refund has been approved.

Structural Guarantee

We do not offer a period of guarantee on our teak as the nature of the product, Our Teak furniture being wood and mostly made by hand makes the products difficult to give any sort of warranty. However our Teak furniture is built to the highest standard and generally teak will last for many years outside. Please note that shaking (small cracks) in wood outdoor furniture is normal and is not a structural fault.  We will however attempt to resolve any issues with a product that may have become faulty in some way, we will always offer the advice to rectify the situation or even replace the damaged part if necessary, If there are any cost involved they will be submitted to the customer before any work commences.

Beyond 28 Days

After 28 days from purchase, it is the responsibility (this includes both cost and effort) of the customer to contact us if you are returning any goods to the address below the in the event of a any undisputed claim. In the event of any claim the customer must provide proof of purchase in the form of the original sales invoice or the payment method.

Customer Services:
Kingsley Smythe  Ltd
Crogan Barn,

Alden Farm,

Aldens Lane,

Didcot, Upton,

Oxfordshire.

OX11 9HS

Product Use and Care Advice

All parasols, pavilions and sunshades must be correctly secured before use. Also these garden products should never be left up in windy or inclement weather conditions. These products are also not covered by our guarantee if damaged because of incorrect fixing or bad weather.

Any parasol that is returned will be sent to the manufacturer for a cause of damage assessment, if the reason for the damage is in dispute.

.All cushions are supplied with a one year manufacturer’s guarantee as standard.  Kingsley Smythe can not be held responsible for cushion fabrics and filings which have been damaged or marked by being left outside in wet conditions or stored incorrectly.