1.0: INTRODUCTION

These terms and conditions (‘Terms’) do not affect your statutory rights as a consumer. The consumer’s statutory rights are not excluded or limited in any way in accordance with the Consumer Rights Act 2015 with effect from the 1st October 2015.

By viewing and/or purchasing from this website patiolifestyle.co.uk (‘Site’) or purchasing via our telephone ordering system you are entering into a legally binding contract (‘Contract’) and are deemed to have accepted the following terms and conditions as set out below and in the separate privacy policy. If you do not agree to be legally bound to the terms below or if you have any questions regarding our terms of use please contact our team who will be pleased to assist with your query.

These terms and conditions may be changed at any time and will be posted on our Site. Every time you wish to order Products, please check these Terms to ensure you understand the terms which apply at that time.  Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of our Site i.e. certain product warranties.

These Terms, and any Contract between us, are only in the English language.

2.0:  ORDERING FROM US

2.1      We operate the Site.  We are Patio Lifestyle Ltd, a company registered in England and Wales under company number 11942139 and our registered office and our main trading address is Bennetts Farm, Great Maplestead, Essex, CO9 2QP.

2.2      You are deemed to have placed an order (‘Order’) with us by ordering via our online checkout process on our Site or via our telephone ordering system.  As part of our checkout process you will be given the opportunity to check your Order and to correct any errors prior to confirming the Order.  Once completed, we will send you an order acknowledgement detailing the products you have ordered (‘the Products’) and the pricing to the e-mail address provided during the ordering process.  The order is only accepted by Patio Lifestyle Ltd and the Contract between us is formed upon dispatch of the ordered Products and confirmed via a dispatch confirmation e-mail (‘Dispatch Confirmation’) even if your payment has been processed immediately.  Payment for goods dispatched over 21 days following order will be taken 7 days prior to dispatch. We will notify you by phone or e-mail if we cannot accept your Order or if you cancel the Order prior to dispatch.

2.3      The images of Products on our Site are for illustrative purposes only.  Although we have made every effort to display the products accurately, we cannot guarantee that your computer’s display accurately reflect the colour of the Products.  Your Products may vary slightly from those images.

2.1:     We may refuse to accept an order:
a)        Where Products are not available
b)        Where we cannot obtain authorisation for your payment
c)        If there has been a pricing or description error (in which case clause 3.2 shall apply)
d)        If you do not meet any eligibility criteria set out in our terms and conditions

3.0:  PRICING

3.1:    Where we charge separately for shipping, the appropriate rates are set out in our pricing structure shown under the Services tab at the bottom of the page

3.2:    Our Site contains a large number of products.  It is always that, despite our best efforts, some of the products on our Site may be incorrectly priced.  We will normally check prices as part of our dispatch procedures so that:

1. a)       where the Product’s correct price is less the price stated on our Site, we will change the lower amount when dispatching the Products to you.  However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Product to you at the incorrect (lower) price; and
2. b)       if the Product’s correct price is higher than the price stated on our Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct (higher) price or cancelling your Order.  We will not process your Order until we have your instructions.  If we are unable to contact you using the contact details you provide during the order process we will treat the Order as cancelled and notify you in writing.

3.3     All prices quoted by us are only valid at the time of contract and are exclusive of any other matters unless otherwise agreed and may be changed at any time.

3.4     We reserves the right to revise the quoted price in the event of unforeseen and extraordinary expenses for us appertaining the Products.

3.5     VAT –

All prices stated include VAT at the applicable rate however, if the rate of VAT changes between the date of your Order and the delivery we will adjust the VAT you pay, unless you have already paid for the Product in full before the VAT takes effect. For Orders made outside of the UK all Orders will be charged including the applicable UK rate of VAT. Any UK VAT paid can then be claimed back through your home country.

3.6     Pro-Forma Invoices are valid for 30 days from the date stated on the invoice. And if cost prices change, that invoice may become void.

4.0:    DELIVERY

4.1     Delivery is deemed to be successful once the Products have arrived at the address provided for delivery.

4.2     You own the Products once we have received payment in full, including all applicable delivery charges.

4.3     Signatures are not necessarily required as proof of delivery however BBQ’s, grills, smokers and furniture orders will require a signature due to the high value of the goods.

4.4     If a signature is required, you should check the number of cartons and state on inspecting the contents of the goods before signing. Should there be any shortages or damages, these must be notified to Patio Lifestyle Ltd by e-mail – info@patiolifestyle.co.uk within 3 working days of delivery.

4.5     Other Products may be left at the delivery address without a signature at your written request. If this option is requested, and Products are left unsupervised we will not accept liability for the Products.

4.6     Once delivered the responsibility for the Product is deemed to be the customer’s and any loss or damage to the Product is then at your own risk. This is particularly notable when deliveries are made to public/work places such as hospitals, hotels etc where the signature of any authorised body is deemed to be proof of delivery.

4.7     The Free delivery (on many products over £75) offer is available to the vast majority of the UK (exceptions may apply for delivery to the Scottish Highlands, UK islands and Northern Ireland) however if a delivery will attract an additional shipping fee then we will contact you first in order to confirm that you still wish to continue with the order.  Any additional fees due will be charged at cost.

4.8     We will not accept any liability for late delivery of the Products and delivery time will not be of the essence of the contract.

4.9     We will not accept liability for non-delivery, where this is caused by circumstances beyond our control.

4.10    In the case of a delivery being refused or aborted at the delivery address, we reserve the right to charge for a second delivery as our delivery obligation only stands for the first delivery attempt.

4.11    Failed pre-booked deliveries will be quoted for re-delivery and will usually be around £45 / package or pallet. A delivery date will be booked in to allow time to accept the delivery.

4.12    Please note, all palletised deliveries are kerbside only unless otherwise stated. At the sole discretion of the driver they may help carry/move the set around the house to the back. Transporting furniture sets to the rear of the house will not be classed as part of the Contract and will be a separate verbal contract formed by you and the delivery person. Following on from this, certain products are delivered on a free pallet with packing to protect. It is your responsibility to dispose of this ‘packaging’ and not that of Patio Lifestyle Ltd.

4.13    In all cases, we strive to deliver goods within 30 days from date of Order. If it is apparent at time of Order the delivery period will take longer than 30 days, we will advise you before accepting and completing the order processing.

4.14    If we miss the 30 day delivery deadline for any Products (or any other agreed delivery deadline) then you may cancel the Order straight away if any of the following apply:

1. a)       we have refused to deliver the Product;
2. b)       delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
3. c)       you told us before we accept your Order that delivery within the delivery deadline was essential.  If you do not wish to cancel your Order straight away, or do not have the right to do so under this clause 4.14, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.  If you do choose to cancel your Order for later delivery under this clause 4.14 you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value.  If the Products have been delivered to you, you must return them to us or allow us to collect them, and then we will pay the costs.  After the customer cancels the Order we will refund any sums paid by you to us for the cancelled Products and their delivery.

5.0: CANCELLATION, RETURNS POLICY

We aim to offer a no hassle returns policy however our cancellation and return policy varies slightly between our many varied product ranges as set out below:

5.1     General Cancellation and Returns Information:

These general terms and conditions apply to all Orders from our Site unless specifically expressed otherwise in the product specific return policy set out in clause 6 below.

5.2     If you wish to cancel your Order you just need to let us know that you have decided to cancel.  The easiest way to do this is to complete the cancellation form attached to your order acknowledgement email.  If you use this method we will e-mail you to confirm we have received your cancellation.  Alternatively please e-mail your details and Order reference to info@patiolifestyle.co.uk. Any order cancellation must be confirmed by email prior to dispatch and once dispatched the returns policy is as set out below in for the various product categories.

5.3     So as to comply with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, all Orders have a ‘14 Day Cooling Off Period’ starting from the date of the Dispatch Confirmation which is when the Contract between us is formed. You are liable for all return shipping costs under this right, please contact our team for advice if you wish to exercise this right.

5.4     If you cancel your Contract we will:

5. a)      refund you the price you paid for the Products.  However please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in any way which would not be permitted in a shop.  See clause 5.8 for further detail.  If we refund you the price paid before we are able to inspect the Products and later discover that you have handled them in an unacceptable way you must pay us an appropriate amount;
6. b)      refund any delivery costs you have paid, although as permitted by law, the maximum refund will be the cost of delivery by the least expensive delivery method we offer (provided that this is a common and generally accepted method).  For example, if we offer a delivery of a Product within 3 -5 days at one cost but you chose to have the Product delivered within 24hrs at an higher cost, then we will only refund what would have been paid for the cheaper delivery option.
7. c)      make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
8.        i)      if you have received the Product and we have not offered to collect it for you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with satisfactory evidence that you have sent the Product back to us.
9.        ii)     if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

5.5     If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

5.6     We will refund you on the credit or debit card used by you to pay.  If you used vouchers to pay for the Product we may refund you in vouchers.

5.7     Unless confirmed in writing by us, all Orders must be paid for before delivery.  In the event of a custom made item being ordered, this must be paid for in full prior to delivery.  Samples may be requested and will be provided at the discretion of Patio Lifestyle Ltd. Any shortage of payment will result in the Products not being Dispatched and Patio Lifestyle Ltd reserves the right to charge associated costs incurred in time, carriage (including aborted deliveries), and for the custom made Product ordered.

5.8     In addition, all returned/exchanged products (including the boxes) must be in their original condition i.e. not used or altered (unused) in any way, and they must be in their original packaging. N.B. – DO NOT TAPE UP, OR WRITE ON BOXES. Any damage to goods/boxes, or sign of use may result in a reduced refund to you. This includes any fire or smoke damage that may occur. Products must also be suitably packaged. Customers are advised to obtain and complete a “certificate of postage” form stamped by the Royal Mail before returning the Product. Responsibility for the Product remains that of the customer until safely received by Patio Lifestyle Ltd and we accept no liability for Products lost or damaged in transit back to our warehouse.

5.9     Should an item arrive damaged, you must inform us in writing within 1 working day of receipt.  We will then advise you whether we require you to return the Products for exchange (in which case we will advise the most efficient transit method for return and the appropriate cost we will reimburse) or if we are to arrange an exchange via our courier.  All damages/defects must be reported within 1 working day from the date of delivery.

7.0: WARRANTIES

Due to the range of products we supply, there are varying warranties applied to different product ranges as set out below, and in all cases we reserve the right to request photo’s accurately detailing the problem if deemed appropriate by us:

7.1     All warranties and assistance provided by us is done so in addition to your statutory rights.

7.2     We supply a wide range of high quality garden & leisure products, many of which are of established brands. Each individual manufacturer provides their own warranty for the individual products and details of these can be found either within the product descriptions, from the manufacturer directly or with the delivered products. During the warranty period of a Product, should your Product develop any problems you are entitled to have the said Products inspected by the manufacturer’s agent. Before we are able to rectify problems we reserve the right to request a photo of the problem to verify the problem in hand – mainly to ensure correct parts are shipped.  In order to inspect the Product under warranty you may be required to take the said Product to your nearest manufacturer’s agent. Any fault deemed by the agent to be under warranty will be rectified by the manufacturing agent.

7.3     Works undertaken during this warranty/guarantee period are not necessarily free of charge and will be subject to the following limitations:

1. a)       If the problem is deemed by the manufacturer’s agent to be due to wear and tear or misuse (including commercial use of a domestic product) rather than a manufacturing fault, then charges may be made for rectification. Should there be any claim against this from you in this regard then your issue should be taken up with the manufacturer directly and not us.
2. b)        Many products come with a warranty registration card upon delivery, this must be completed and registered with the manufacturer for any warranty to be valid. Warranty registration can also be made through the manufacturer’s own websites where possible.
3. c)        Should the manufacturer’s agent conclude that the repair is your responsibility, you will in no way hold us responsible.  Where you have a guarantee/warranty issue we will use are reasonable endeavours to assist wherever practically possible.

8.0:     LIABILITY

8.1      If we fail to comply with the Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of our negligence but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

8.2      You agree not to use the Products for resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.0:     LICENCE

You are permitted to print and download extracts from this Site for your own use on the following basis:

1. a)       No documents or related graphics on this Site are modified in any way;
2. b)       No graphics on this Site are used separately from accompanying text.

9.1     Unless otherwise stated, the copyright and other intellectual property rights in all material on this Site (including without limitation photographs and graphical images) are owned by us or our licensors.  For the purposes of these terms and conditions, any use of extracts from this Site other than in accordance with that stated above for any purpose is prohibited.  If you breach any of the Terms in these terms and conditions, your permission to use this Site automatically terminates and you must immediately destroy any downloaded or printed extracts from this Site. No part of this Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

Any rights not expressly granted in these Terms are reserved.

10.0:   SERVICE ACCESS

While we endeavour to ensure that this Site is normally available 24 hours a day, we will not be liable if for any reason this Site is unavailable at any time or for any period.  Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

11.0:   LINKS TO AND FROM OTHER WEBSITES

Links to and from this Site are provided solely for your convenience.  If you use these links, you leave this Site and so we accept no responsibility.  We have not reviewed all of these third part websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk.

If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, this Site, and subject to the following conditions:

(a)     You do not remove, distort or otherwise alter the size or appearance of the patiolifestyle.co.uk logo
(b)     You do not create a frame or any other browser or border environment around this Site
(c)     You do not in any way imply that we are endorsing any products or services
(d)     You do not misrepresent your relationship with  us nor present any other false information about us
(e)     You do not otherwise use any patiolifestyle.co.uk trade marks displayed on this Site without our express written permission
(f)      You do not link from a website that is not owned by you
(g)     Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

11.1   We expressly reserve the right to revoke the right granted in this clause for breach of these Terms and to take any action we deem appropriate.  You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of this link liability clause.

12.0:   REGISTRATION

To register with patiolifestyle.co.uk you must be over eighteen years of age.  Each registration is for a single user only.  We do not permit you to share your user name and password with any other person nor with multiple users on a network.  Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.  We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

13.0:   DISCLAIMER

While we endeavour to ensure that the information on this Site is correct, we do not warrant the accuracy and completeness of the material on this Site.  We may make changes to the material on this Site, or to the products and prices described in it, at any time without notice. The material on this Site may be out of date, and we make no commitment to update such material.  The material on this Site is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Site.

With regards to the use of products obtained via our Site all products should be used and operated as specified in the accompanying instructions and advice. Always ensure users of machinery are competent and using the appropriate safety/protective clothing.

 14.0:   LIABILITY ASSOCIATED WITH USE OF OUR SITE

We, any other party (whether or not involved in creating, producing, maintaining or delivering this Site), and any of our group companies and the officers, directors, employees,  shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Site in any  way or in connection with the use, inability to use or the results of use of this Site, any websites linked to this Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Site or your downloading of any material from this Site or any websites linked to this Site.  In addition, any assistance given to the delivery driver i.e. helping lift items off the lorry, is done so at your discretion and we accept no responsibility for any injury sustained.

14.1    Nothing in these terms and conditions shall exclude or limit our liability for:

(i) Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977)

(ii) Fraud

(iii) Misrepresentation as to a fundamental matter

(iv) Any liability which cannot be excluded or limited under applicable law.

14.2    If your use of material on this Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.  You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Site, or the use by any other person using your registration details.

15.0:   GOVERNING LAW AND JURISDICTION

15.1    These terms and conditions shall be governed by and construed in accordance with the lawns of England and Wales.  Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

15.2   We do not warrant that materials/items for sale on the Site are appropriate or available for use outside the United Kingdom.  It is prohibited to access the Site from territories where its contents are illegal or unlawful.  If you access this Site from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

16.0:   MISCELLANEOUS

16.1    You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.  If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.  Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

16.2    We may transfer our rights and obligations under this Contract to another organisation but this will not affect your rights or our obligations under these Terms.

16.3    Each of the paragraphs of these Terms operate separately.  If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.4    If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.  If we do waive a default by you, we will only do so in writing, and that will not mean that we automatically waive any later default by you.