TERMS & CONDITIONS – Definitions
For the purpose of these Terms and Conditions, the following definitions shall apply:
‘Us’, ‘We’, ‘Our’, Shackletons Garden Centre Limited, hereafter referred to as SGCL ‘You’, ‘Your’, The Customer of Shackletons Garden Centre Ltd, user of shackletonsonline.co.uk ‘The website’, ‘website’ shackletonsonline.co.uk
Introduction
Please read these Terms & Conditions carefully before using this website, which is operated by Shackletons Garden Centre Limited, Clitheroe Road, Chatburn, Lancashire. BB7 4JY (Reg No. 04303803). By accessing our website you consent to being legally bound by these Terms and Conditions. You must be eighteen years old to use this website. If you are under eighteen you may only use this website in conjunction with, and under the supervision of a parent or guardian.
Username & Password
You must choose a username and password during registration in order to purchase goods on this website. You are responsible for all actions taken under that username and password, and shall only use the site under your own username and password. You must make every effort to keep your password safe, and should not disclose it to anyone. If you suspect that anyone else is aware of your password, you must change it without delay. You may not transfer or sell your username to anybody, nor permit either directly or indirectly, anyone to use your username or password. If there are any changes in the details supplied by you, it is your responsibility to update this information on the website.
Ordering
When you place an order for a product listed on our website, you are agreeing to purchase it subject to these Terms & Conditions. We will send you an e-mail to confirm that we have received your order, although this does not necessarily mean that we will be able to meet your order and we reserve the right to cancel an order at any time without giving a reason. If the product is not available, we will let you know when we expect to be able to complete your order by e-mail. All new orders are deemed as individual. For the avoidence of doubt, order acceptance and completion of the contract will take place on the despatch of the products you have ordered.
Payment
Payment for goods purchased on the website will be by credit card (MasterCard, Visa Credit) or debit card (Visa Debit, Maestro (Domestic), UK Visa Electron, Maestro, JCB), and will be debited on the day of order by SGCL, although the to ensure that online shopping is secure your credit/debit card details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet. Your card issuer may also conduct security checks to ensure it is you making the order. All order details and invoices will be sent to the credit/debit card billing address, and NOT to the delivery address, where the named recipient of the order differs.
Pricing
All products offered for sale on this website are shown inclusive of VAT (at the current rate), and are displayed and charged in £GBP. We will always try to ensure that the prices shown on the website are accurate, but in the unlikely event of an error occurring, we will cancel the order and you you will receive notification via email and your payment will be refunded in full back to the original payment method used. We reserve the right to issue a full refund up until the point of delivery and if we are unable to contact you, the order shall be deemed as being cancelled.
Delivery & Shipping
You will be notified automatically of any delivery costs that may apply before you submit your credit/debit card details, based on the shipping address that you have supplied. Please note that we require a signature upon delivery of your order. We cannot deliver to multiple/alternative addresses in the event of you not being able to take delivery at your primary delivery address as stated on the order.
Delivery time frames are dependent on the product(s) ordered and your delivery address. Certain products may be shipped directly from our suppliers. We ship on a 3 working days service for small items, and a 7-10 working day service for larger/bulky items, where we may have to use a specialised courier service. On some occasions deliveries may take longer than stated. Orders for delivery to outlying addresses (certain parts of Scotland, Wales, Devon & Cornwall) may take longer to deliver, please contact us PRIOR to placing your order if you wish to know the delivery service we will use for your order. Our standard delivery service will be kerbside delivery only and the couriers are not permitted to assemble the product or to remove packaging or unwanted/old products, i.e. furniture. You will be responsible for the handling of products onto your property and the disposal of any waste. We use the following delivery methods: pallet couriers, 1 or 2 man Luton van couriers, or small parcel couriers. Pallet deliveries are usually transported in 18 tonne wagons, so please contact us PRIOR to placing your order if there is not suitable access for such large vehicles. Please contact us PRIOR to placing your order if you require assistance to move the goods from the kerbside into your house/garden, as this may require a different delivery service to what we would usually use, may result in a longer delivery time-frame and may incur further delivery charges. For some large items where we do not have a 2-man delivery team available, you may be asked to be available to help the couriers to move the goods, however these situations are rare and it is not a firm requirement of you. In this instance, we will contact you PRIOR to delivery to ensure that you are able to assist. Please note that shipping times are approximate and we can in no way be held responsible for delays caused by unexpected or extreme circumstances (such as road closures, extreme weather conditions etc.) or by third parties (such as suppliers or couriers etc.) and are not responsible for any loss incurred as a consequence of these issues. Please contact us prior to ordering if you require delivery on a particular day.
The White Glove Delivery Service includes the following services from the couriers: the handling the products from the van into a room of your choice, the unpacking of goods, the constructing of the goods and the removal of any waste/ recycling generated by the products. This service does not benefit from faster delivery or the ability to specify a delivery date. In some circumstances, this service may result in longer delivery timeframes as we may need to use a different delivery service to what we would usually use. In rare situations, for example where we are not able to get a 2 man delivery team within a reasonable timeframe, you may be asked to be available to help the couriers to move the goods, however these situations are rare and it is not a firm requirement of you. In this instance, we will contact you PRIOR to delivery to ensure that you are able to assist. There will be no discount if you do assist.
ALL AFK GARDEN PRODUCTS ARE EXEMPT FROM THE WHITE GLOVE DELIVERY SERVICE. IF YOU SELECT WHITE GLOVE DELIVERY ON ANY AFK GARDEN PRODUCTS, THE DELIVERY CHARGE WILL BE REFUNDED AND THE GOODS WILL BE DELIVERED VIA PALLET DELIVERY.
If there are any signs of damages to the packaging of the products upon delivery, you must notify the courier and record this information on the courier’s manifest. Failure to record this may result in subsequent claims for damaged goods being refused. For pallet deliveries, you are entitled to 20 minutes to check the goods before the couriers leave. With any other courier service we use, you will not have an allocated time to check the goods as this is not necessary, it is the courier’s decision whether to wait or not. We understand that you may not have time or it might not be practical to completely check the products at the time of delivery, therefore if you find any issues with your products following delivery, please report them to us as soon as possible and within a reasonable timeframe. Failure to do so may result in any subsequent claims for damaged goods being refused. It is your responsibility to provide any required information in relation to a claim for damaged/faulty/missing goods. This may include providing pictures, videos and descriptions of the issue. Without adequate information, we may not be able to process a claim.
It is your responsibility to ensure adequate access for the couriers. If the goods cannot fit into the property upon the first delivery attempt, the delivery will be failed. Additionally, if you have confirmed a delivery slot with us or the couriers, and are not at the delivery address when the couriers arrive (within the allocated delivery slot and without other arrangements being agreed) the delivery will be failed. In the event of a failed delivery, you will be charged a for any consequent deliveries, or alternatively you can collect the items from our warehouse once the courier returns them to us.
We will always contact you to book in a delivery slot. If you do not respond to our, or third-party, delivery slot offers, the delivery slot will be cancelled until we hear from you. We also require any notice of delivery slot cancellations at least 48 hours in advance, failure to do so will result in us charging you a redelivery fee for a new delivery date.
Refunds / Returns Policy
We only refund outbound carriage in line with Distance Selling Regulations or if the item was incorrectly shipped or was found to be faulty. Please note that return carriage is the responsibility of the customer and we do recommend that you use a traceable method of carriage for your return. Please note we do not advise customers of receipt back into our warehouse. In the case of incorrectly delivered or faulty items return carriage will be refunded but if a priority courier is used then only a reasonable sum will be refunded.
It is necessary for you to contact us in advance of you returning an item. If you decide to return an item then you may return it to us at your own cost, alternatively, we can arrange collection by our own carrier at a cost of £85 per consignment (collection fee varies on location and time taken to remove products). The collection fee will be discussed with you prior to collection and this fee is purely to cover the cost of fuel and the drivers time.
Off the Shelf Stock Items– Under the Distance Selling Regulations, if you buy items from our physical stock either online or by phone, your consumer rights entitle you to a full refund. If you wish to exercise your right to cancel this contract after your order has already been despatched, we will refund the original purchase price and delivery charge, provided that you have notified us in writing no longer than 14 days after the day on which you receive the Products. A further 14 days is then allowed for return of the goods. The goods must be returned in its original resalable condition and it is your responsibility to make sure the goods are received by us and any cost of returning the item is covered. Upon receipt of the goods a full inspection will take place to ensure the goods are in a resalable condition. Once these checks have been made a full refund (including original shipping costs), minus any collection costs (where applicable), will be issued by the original payment method. Any goods returned with a diminished value as a result of use may incur a deduction charge from the refund.
If you have ordered from our Stock Items then you have the right to cancel your order at any time prior to delivery. All you need do is advise us by getting in contact with us by emailing hello@shackletonsonline.co.uk
Bespoke items – Bespoke items which has been specifically manufactured to your own choice of colour or combination or size e.g. Sofas, Upholstered furniture etc. Items where a lead-time is quoted or the terms ‘Bespoke Items’ appear upon the item description or your order are to be considered bespoke (made specifically for you) and are therefore, as far as is permissible by law, excluded from the Distance Selling Regulations. In respect of these items our usual refund policy does not apply and cannot be returned or exchanged unless faulty
Any order for ‘Bespoke’ items may not be cancelled by you, either before or after delivery. We have no legal obligation to take back these Goods, though we may choose to do so with the incurrence of a 35% restocking fee. This is entirely at Shackletons discretion. Once we acknowledge receipt of your cancellation, you will receive a refund minus applicable charges using the same method as your original payment.
Damaged Items– You must notify us in writing and return the item within 30 days. The item must be returned for a full refund to be given. In the case of a faulty item being received we will reimburse the delivery cost in returning the item to us or we will send our own courier to collect it directly from you. Please note, the goods remain in your responsibility until they have been returned to our warehouse, so please ensure they are kept in a safe place and do not become subject to further damage whilst they are in your possession as this may incur charges to yourself.
As many products listed on our site are manufactured from natural products (timber, slate, granite, marble, etc) you must be aware that natural variations and colour and finish must be expected, and are not regarded as faults. These items cannot be returned unless they are faulty, a Goods Returns Number will still be required. We will make the refund directly to the method that was used to place the original order (excluding P&P), and regrettably we are unable to refund to an alternate method. Where we offer a refund for a product that has been ordered and we are then unable to supply, we shall not be liable for any consequential loss that may arise in relation to the order. This does not affect your statutory rights.
Once we receive your returned parcel, we will inspect and process the goods within 24 hours and aim to process a refund as quickly as possible but retain the right to refund up to 30 days following the return of these goods. You will receive an automated email advising of the refund but please note it can take your card issuer a few days to allocate the sum in question back to your account. This time frame is outside our control and dictated by your card issuer.
Returns Address:
Shackletons Home and Garden
Unit 1 Brookside Industrial Estate
Taylor Street
Clitheroe
Lancashire
BB7 1NL
Build Service & Free Delivery
We offer Free Delivery & Build Service on selected lines please note that this offer is limited to mainland UK, and certain outlying geographical locations are excluded (eg Scotland past Edinburgh/Glasgow, Cornwall, certain parts of Wales) please contact us prior to ordering if you live in an outlying area and we will be able to confirm whether we are able to offer the free Deliver & Build Service at your address.
General Information
Please note, the colour of product images may not be an exact match to the colour of the item you receive. This can occur due to differences in lighting, batch differences, etc, and is not classed as a fault.
All sizes and dimensions shown on the website are approximate, if you require clarification of any information, please contact us. Unless specifically stated otherwise, certain products may require some simple home assembly. SGCL shall insure ordered products at their full retail value whilst being delivered to you. Please check delivered products on receipt, as we will not cover any subsequent loss or damage.
Because of the nature of the Internet SGCL provides and maintains shackletonsonline.co.uk on an ‘as is’ and ‘as available’ basis, and makes no promise that there will be continued and uninterrupted use of the site. We are not responsible if we are unable to provide our service for any reason beyond our control.
This website may contain links to other websites, which are not under the control of SGCL and are not maintained by SGCL these links may be provided for your convenience and we are not responsible for the content or function of these sites.
Please ensure that you read any instructions, manuals or user documentation supplied with your product SGCL is not involved in the manufacture of products and as such can offer no advice on their usage or operation.
SGCL will not be liable in any amount for failure to perform any obligation under this agreement, if such a failure is caused by the occurrence of any unforeseen event beyond it’s reasonable control including without limitation internet outages, communications outages, fire, flood, act of God, war of civil commotion.
Subject to the aforesaid, to the maximum amount permitted by law, SGCL excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, or consequential loss, whether or not such arises out of any problem you notify to SGCL and SGCL shall have no liability to pay any money or compensation, including without limitation, all liability in relation to;
- any incorrect or inaccurate information on the website
- any interruptions to or delays in updating the website.
any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong. the availability, quality, content or nature of any of the other sites that are on the internet that SGCL link into, which are owned and operated by third parties (external sites) and websites that are located on or through any external site nor for any transactions involving external sites (including as to ‘cookies’, personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or Webmaster for these sites if you have any concerns regarding such links, web site or transactions.
SGCL may change or withdraw any part of it’s website at any time, or may refuse you access to the website at any time if we consider it necessary, we may also terminate this agreement and immediately remove, cancel, or suspend access to and use of the website upon any breach of these Terms & Conditions whatsoever.