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Terms and Conditions

1. Definitions
1.1 “Seller” refers to Kingsley Smythe Trading Ltd a company registered in England and Wales, registration number 14478817.
1.2 “Buyer” refers to the individual or entity purchasing products or services from the Seller.
1.3 “Goods” refers to the garden furniture or related products offered for sale by the Seller.
1.4 “Delivery Address” means the Delivery Address to which the Buyer requires the Seller to deliver the Products, as set out in the applicable Order or otherwise advised by Customer in writing.
1.5 “Delivery Terms” means products will be Delivered Duty Paid DDP for any Delivery Address within the United Kingdom.

2. Order Process
2.1 By placing an order, the Buyer agrees to these terms and conditions.
2.2 The order is confirmed when the Buyer receives an order confirmation which will be sent via email.
2.3 The Seller reserves the right to refuse or cancel an order at any time.

3. Prices and Payment
3.1 Prices are as stated on the Seller’s website or quotation in GBP and are inclusive of VAT.
3.2 A minimum of 10% of the total order value is payable at the time of ordering. Full payment is due prior to scheduling delivery. The Seller accepts Visa, MasterCard and American Express credit and debit cards, and bank transfer.
3.3 On-line and telephone order payments are processed via our SSL secure payment system.
3.4 The customer should refer to the most recent order confirmation received for specific payment terms applicable where a signed contractual agreement does not already exist. In no circumstances shall the customer be entitled to make any deduction or withhold payment for any reason at all.
3.5 If the Customer fails to pay the invoice price after receipt of the goods, the Customer shall pay interest on any overdue amount from the date of delivery to the date of actual payment, on a daily basis at a rate of 4% per annum over the Bank of England base rate and may incur a £100 administrative charge.

4. Product
4.1 The Seller takes all reasonable care to ensure that all details, descriptions, and prices of products appearing on our website are correct at the time of ordering, the Seller reserves the right to cancel or offer an amended an order if a pricing or description error is discovered.
4.2 All sizes and measurements are approximate, but Kingsley Smythe do try to make sure that they are as accurate as possible.
4.3 Product bundles such as Dining Sets, may include a Parasol and/or Cushions provided free as part of the offer, the Seller will make best efforts to meet any stated colour preferences for accessories. However, it may not always be possible to meet first choice preferences. In that instance an alternative will be provided.
Please note: We do not offer refunds in relation to issues with parasols or cushions. This is including, but not limited to, colour and/or material variations, or flaws.
4.4 Pictures and illustrations shown on this website are as accurate representations as possible, given the possibility of slight variations in colour and tone of the photographs and illustrations themselves.
4.5 All parasols, pavilions and sunshades must be correctly secured before use. 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.
4.6 All cushions are supplied with a one (1) year manufacturer’s guarantee as standard.  Kingsley Smythe cannot be held responsible for cushion fabrics and filings which have been damaged or marked by being left outside in wet conditions or stored incorrectly.
4.7 All products are subject to availability. If the product ordered is unavailable, the Seller may offer a substitute of an equivalent quality and price. In the event Kingsley Smythe 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.

5. Delivery
5.1 Delivery charges are specified at the time of order.
5.2 The Seller reserves the right to cancel the contract if delivery to the specified Delivery Address is not possible and the Buyer shall be promptly notified.
5.3 The Seller shall deliver the Products to the Delivery Address, in accordance with the Delivery Terms and will make all reasonable efforts to deliver the Goods within the agreed timeframe.
5.4 In the event that delivery will be delayed beyond the quoted timescales, or lead times, the Seller will advise the Buyer promptly and provide revised expected delivery times where possible, and will use its best efforts to minimise the delays, however Kingsley Smythe shall have no liability for any delays as a result of our supply chain disruption, including but not limited to shortages of materials and transport, manufacturing delays, as well as measures to keep workforces and Customer safe during exceptional circumstances, such as a pandemic.
5.5 Risk in the Products shall pass to the Buyer upon delivery. However, title in the Products will not pass to the Buyer until Kingsley Smythe have received payment in full of all sums due to Kingsley Smythe in respect of the Products.
5.6 Risk of loss or damage of products passes to the Buyer on the date when the products are delivered to the Buyer or are left with a person or at a place nominated by the Buyer. For the purposes of proof of delivery only, where the Buyer accepts delivery personally our delivery driver may ask either for a signature or may take a photograph of the products at a distance, which may include images of the Buyer and/or Buyers premises. Where the Buyer is not present to accept delivery of the products, and a safe place has been advised, our delivery driver will take a photograph of the place where the products were left. All photographs will be stored in accordance with data protection legislation.

6. Acceptance
6.1 The Buyer must inspect the Goods upon delivery and report any damages, defects, or missing parts in writing by email to [email protected], within seven (7) days of delivery.
6.2 If the Buyer has not notified Kingsley Smythe of any non-conformity, including any damages, defects, or missing parts, of the Product within seven (7) days of delivery, Acceptance shall automatically be deemed to have occurred.

7. Warranty
7.1 The Goods are covered by a one (1) year warranty, from the date of delivery against structural defects.
7.2 The warranty does not cover damage caused by misuse, accidents, or unauthorised repairs.
7.3 The warranty will be invalidated if any oils or sealants have been applied to the furniture as we cannot control the process and method of application.
7.4 The Buyer hereby agrees to return, or make available for collection, the defective Product to Kingsley Smythe, and Kingsley Smythe shall procure its repair or replacement and shall return the repaired or replacement Product to the Buyer at Kingsley Smythe’s cost.
7.5 If Kingsley Smythe procures the replacement of a Product, the replacement Product may be new or used but it shall in any event be covered by the warranty in Clause 6 for the remainder of the warranty period applicable to the original Product or for three (3) months, whichever is the longer.

8.1 The Seller is not liable for any indirect or consequential loss arising out of the purchase or use of the Goods.
8.2 The Seller’s liability is limited to the purchase price of the Goods

9. Cancellation, Returns and Refunds
9.1 The Buyer has the right to cancel the order. The Seller must be notified in writing of any cancellation requests, by email to [email protected], or in writing to:
Customer Services
Kingsley Smythe Trading Ltd
Poppy Barns, Lambourn Woodlands
RG17 7TT
If the Products have not been prepared for delivery or delivered, no cancellation fee will be incurred.
9.2 The Buyer has the right to return the Goods, at their expense, within 14 days of receipt, provided they are in original condition. Products should be returned to:
Customer Services
Kingsley Smythe Trading Limited
Poppy Barns, Lambourn Woodlands
RG17 7TT
9.3 Kingsley Smythe may be able to offer a collection service, and this would be chargeable dependant on location and weight of goods.
9.4 Refunds will be processed within 5 working days of the returned Goods being received by the Seller, an administration charge of £25 will be charged.
9.5 The Seller 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 using or treating the products as the Buyers own. While in the Buyers possession, the Buyer must keep any products intended to return in the same condition as they were delivered, and it is the Buyers 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 the Buyers responsibility until they are received by the Seller and accepted in an undamaged condition.

10. Intellectual Property
10.1 Any and all patents, copyright, design rights, trade secrets, trademarks and any other intellectual property rights which subsist in the Products, the Quotes and the Documentation are the property of Kingsley Smythe or its licensors.

11. Dispute Resolution, Law & Jurisdiction
11.1 In the event of any dispute arising under these Terms and Conditions or any Contract the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed by the parties, the mediator will be appointed by CEDR. No party may commence court proceedings in respect of any dispute arising out of these Terms and Conditions or any Contract until it has attempted to settle the dispute by mediation and either the mediation has terminated, or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.
11.2 Subject to the provisions of Clause 11.1 each party hereby irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any disputes of whatever nature arising out of or relating to these Terms and Conditions or any Contract.
11.3 Notwithstanding the provisions of Clause 11.1, nothing in these Terms and Conditions shall limit either party’s right to seek injunctive relief.
11.4 These Terms and Conditions and all Contracts shall be governed by English law.

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