Terms and Conditions
LEISUREBENCH TERMS AND CONDITIONS OF SALES
These terms and conditions do not affect your statutory rights as a consumer. The consumers statutory rights are not excluded or limited in any way in accordance with the Sale of Goods Act 1979 (as amended).
These terms and conditions may be changed at any time and will be posted online. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website i.e. certain product warranties.
2.0: ORDERING FROM US
You are deemed to have placed an order with us by ordering via our online checkout process or via telephone or email. As part of our online 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 and the pricing to the email address provided during the ordering process. The order is only accepted by LeisureBench Ltd upon dispatch of the ordered goods and confirmed via a dispatch confirmation e-mail, even if your payment has been processed immediately. Payments made via email or telephone will also be followed up with an order acknowledgement detailing the products you have ordered and the pricing, to the email address provided during the ordering process, unless you have specifically stated that you do not require one or you are an accounts customer. We will notify you by phone or e-mail if we cannot accept your order, as soon as we are aware of any issues.
2.1: We may refuse to accept an order:
- Where goods are not available
- Where we cannot obtain authorisation for your payment
- If there has been a pricing or description error
- If you do not meet any eligibility criteria set out in our terms and conditions
3.1: Where we charge separately for shipping, the appropriate rates are set out in accordance with our selected couriers’ rates. Unforeseen extra costs may be incurred with courier charges, for which we would call the customer to discuss in order to proceed with delivery.
3.2: Should an incorrect price be displayed, LeisureBench Ltd reserves the right to refuse orders as set out in ‘Ordering From Us’ (above).
3.3: All prices quoted by the Company 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: The Company reserves the right to revise the quoted price in the event of unforeseen and extraordinary expenses for the Company appertaining the goods
3.5: VAT - All prices stated show VAT at the applicable rate. For orders made outside of the UK all orders will be charged including the applicable UK rate of VAT. Where appropriate, any UK VAT paid can then be claimed back through your home country.
3.6: Pro-Forma Invoices and Quotes are valid for 30 days from the date stated on the invoice. If cost prices change, the invoice or quote may become void.
4.1: Delivery is deemed to be successful once the products have arrived at the address provided for delivery.
4.2: If a signature is required, you should check the number of parcels and inspect the state and contents of the goods before signing. Should there be any issues, these must be notified to LeisureBench Ltd by email – email@example.com.
4.3: If an item is incorrect, delivery should be refused.
4.4: If an item is delivered to the wrong address due to an entry error, it will be the responsibility of the customer to retrieve the item.
4.5: Other products may be left at the recipients address without a signature, except where the customer has specified that it must not be left in their absence. If this option is requested, and goods are left unsupervised LeisureBench Ltd will not accept liability for the goods.
4.6: Once delivered, the responsibility for the product is deemed to be the cardholder’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: In some areas such as the Scottish Highlands, UK islands and Northern Ireland, additional shipping fees may be incurred after your order has been placed. These are unforeseeable and are instructed by the courier on a case-by-case basis, and therefore, are not foreseen within the delivery price given at the first instance. In these cases, we will contact you first, in order to confirm that you still wish to continue the order. Any additional fees due will be charged at cost.
4.8: The company will not accept any liability for late delivery of the goods and delivery time will not be of the essence of the contract.
4.9: The Company will not accept liability for non-delivery, where this is caused by circumstances beyond its 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: White glove orders with failed pre-booked deliveries will be quoted for re-delivery. A delivery date will be booked in to allow time to accept the delivery.
4.12: Please note, all garden furniture deliveries are kerbside only unless otherwise stated. At the sole discretion of the driver, they may help carry/move the item(s) 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 the delivery person and the customer. Following on from this, certain products are delivered on a free pallet with packing to protect. It is the customer’s responsibility to dispose of this 'packaging' and not that of LeisureBench Ltd.
4.13: In all cases, we strive to deliver goods within 30 days from date of order. If it is apparent at the time of order that the delivery period will take longer than 30 days, we will advise the customer before accepting and completing the order processing (if taken via email or telephone).
4.14: Pre-arranged deliveries with account customers are recorded and any failed deliveries where the agreed party is not in attendance to receive the item, will result in a charge.
5.0: CANCELLATION AND RETURNS POLICY
We aim to offer a no hassle returns policy. These general terms and conditions apply to all purchases from LeisureBench Ltd, unless specifically expressed below. You have the statutory right to cancel your order for any reason within 14 days from the day that you receive the item.
5.1: If you wish to cancel your order, please email your details and order reference to firstname.lastname@example.org or call 01949 862 920. Any order cancellations must be confirmed by email prior to despatch and once despatched the returns policy is as set out below in for the various product categories. Please note that most orders are picked and packed before 11:00am the next working day, so urgent notification is appreciated in order to intercept shipping in a timely manner. If shipping is not intercepted in time, the cost may be deducted from your refund.
5.2: So as to comply with the UK Consumer Contracts Regulations, all orders (except custom made or bespoke products) have a ‘14 Day Cooling Off Period’. The cardholder is liable for all return shipping costs under this right.
5.3: Unless confirmed in writing from LeisureBench Ltd, 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 LeisureBench Ltd. Any shortage of payment will result in the products not being dispatched and LeisureBench Ltd reserves the right to charge associated costs incurred in time, carriage (including aborted deliveries), and for the custom-made product ordered.
5.4: In addition, all returned/exchanged products (including the boxes) must be in their ORIGINAL CONDITION i.e. NOT USED, MARKED or ALTERED (stained, oiled, painted etc), and they must be in their ORIGINAL PACKAGING. Please do not tape up or write on boxes. Any damage to goods/boxes, or sign of use may result in a reduced refund to the customer. Goods must also be suitably packaged. Customers are advised to obtain proof of collection from their courier of choice. Responsibility of the goods remains that of the customer until safely received by LeisureBench Ltd and LeisureBench Ltd accepts no liability for goods lost or damaged in transit back to our warehouse.
5.5: All damages/defects must be reported within 30 days from the date of delivery. The damaged/defective items will be replaced within a reasonable period of time and at no cost to the customer. We will require photographic evidence of the damage/defect before any replacement/collection can be instigated.
5.6: A customer can exercise their right to return the product under the 14-day return procedure. LeisureBench Ltd will provide an address for the goods to be returned to, but the customer needs to arrange their own transport for the goods. Return costs will vary depending on the nature and location of the goods. Upon receipt, the goods will be checked and if not damaged or used, a full refund will be processed. Should there be any damage to the returned goods, LeisureBench Ltd will contact the customer to provide images to confirm the damage and an indication of the repair cost, before processing a partial refund. LeisureBench Ltd may be able to arrange collection of the goods, the cost of which will be debited from the original amount paid prior to any refund and will be quoted at cost, including VAT.
5.7: All returned garden furniture items must be suitably packaged in their original packaging and if delivered on a pallet, must be collected on the same size pallet.
Rattan Garden Furniture Note:
All of our rattan garden furniture has been carefully hand-woven and is crafted from synthetic all weather rattan weave. As the material is synthetic, woven table tops may move during hot weather which is due to the natural expansion of the material and is perfectly normal. As is cools down the weave will return back to the original taught finish. This is not a defect of the product and will happen with all brands of rattan garden furniture.
Wooden Items Note:
Timber is a natural product and will expand and contract with changing climatic conditions which may lead to slight cracking of your garden furniture. Splitting/cracking is perfectly normal and does not affect the longevity or structural strength of your furniture. Colours and designs are subject to change and may vary due to the natural materials. If the condition of the crack worsens, to the point where it is possible to fit a pound coin in it, please contact us with photographs and we will investigate.
Garden Furniture Cushions Note:
All cushions for garden furniture sets should be stored indoors when not in use unless expressly specified that the cushions themselves can be left outside. Even when covers are used to protect garden furniture the cushions must still be stored indoors.
All returns should be sent to:
Please contact our support team, who will assist with the above procedures.
LeisureBench Ltd reserves the right to request photographs accurately detailing problems or issues, if deemed appropriate:
6.1: All warranties and assistance provided by LeisureBench Ltd is done so in addition to your statutory rights.
6.2: LeisureBench Ltd provides a 90-day warranty on all goods, from the date of delivery. Any returns made where reimbursement is sought with a valid complaint will be strictly limited to the original purchase price of the goods.
6.3: Any goods delivered to a retail address will have a standard 12-month warranty applied for product defects. Any damages or incorrect product deliveries must be reported within 14 days of delivery.
You are permitted to print and download extracts from this Website for your own use on the following basis:
- No documents or related graphics on this Website are modified in any way;
- No graphics on this Website are used separately from accompanying text.
7.1: Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (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 Website 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 Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. No part of this Website 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.
8.0: SERVICE ACCESS
While we endeavour to ensure that this Website is available 24 hours a day, we will not be liable if, for any reason, this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance, repair or for reasons beyond our control.
9.0: LINKS TO AND FROM OTHER WEBSITES
Links to and from this website are provided solely for your convenience. If you use these links, you leave this website and so LeisureBench Ltd accepts no responsibility. We have not reviewed all of these third-party 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 Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, this Website, and subject to the following conditions:
- You do not remove, distort or otherwise alter the size or appearance of the https://www.leisurebench.co.uk logo
- You do not create a frame or any other browser or border environment around this Website
- You do not in any way imply that we are endorsing any products or services
- You do not misrepresent your relationship with us nor present any other false information about us
- You do not otherwise use any www.leisurebench.co.uk trademarks displayed on this Website without our express written permission
- You do not link from a website that is not owned by you
- 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.
9.1: 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.
To register with www.leisurebench.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 username 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.
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. The material on this Website 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 Website 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 Website.
With regards to the use of products obtained via our site www.leisurebench.co.uk, all products should be used and operated as specified in the accompanying instructions and advice.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), 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 Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website 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 Website or your downloading of any material from this Website or any websites linked to this Website. In addition, any assistance given to the delivery driver i.e. helping lift items off the lorry, is done so at the customers discretion. LeisureBench Ltd accepts no responsibility for any injury sustained.
12.1: Nothing in these terms and conditions shall exclude or limit our liability for:
- Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977)
- Misrepresentation as to a fundamental matter
- Any liability which cannot be excluded or limited under applicable law
12.2: If your use of material on this Website 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 Website, or the use by any other person using your registration details.
13.0: GOVERNING LAW AND JURISDICTION
13.1: 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.
13.2: We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
14.0: TRADE ACCOUNTS
Trade accounts are available under the condition that payments are to be received by BACS within 28 days of the of date of invoice. If an account remains unpaid 30 days after the date of invoice, we reserve the right to charge interest retrospectively at a rate equal to 3% per annum above Barclays Bank PLC base lending rate, from the date of the invoice, until payment is received. All deliveries will be suspended until outstanding payments are cleared.
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.