Terms & Conditions | Fen Farm Supplies

General

1. Fen Farm Supplies Terms and Conditions apply to every Order between Purchases from the Seller to the Buyer for all Orders unless agreed in writing by the Seller.
2. All Orders placed will be regarded as an Offer from the Buyer to Purchase Goods from the Seller and are only classed as an Order by Fen Farm Supplies once accepted verbally in store, over the phone or in writing via letter or email.
3. By Collecting or accepting Delivery of Goods the Buyer gives acceptance of Fen Farm Supplies Terms and Conditions.
4. Please be aware that product images on our website are for illustrative purposes only, sizes are approximate, colours and styles may vary.
5. The Buyers specification for custom made products must be correct at time of Order. If for any reason the Buyer has made an error in the specification, they are to contact Fen Farm Supplies as soon as possible that will deem if they can amend the Order specifications or rectify the Order already in production (please note, this may incur an additional Charge which will be discussed with the Buyer).

Quotations, basis of sale and payment

1. The cost of Goods sold will be that stated on the Price list, website, via individual Quotation in writing or in store. This cost is inclusive of VAT unless otherwise stated.

Quotations are valid for 14 calendar days

1. Pricing is exclusive of any Delivery Charges. If a Delivery Charge is applicable this will be shown on the Quotation as a separate line. We will notify the Buyer if there is a Delivery Charge to pay.
2. All Orders must be paid for in full before or at time of Collection. If Goods are being delivered, the Order must be paid for in full before Delivery. Failure to do so may result in your Order being delayed or being deemed as Cancelled.
3. If for any reason there is a discrepancy between Prices, the Seller has to right to void the product in question or Cancel the Order. If the Product(s) were delivered the Buyer must discuss the cost(s) of delivery with Fen Farm Supplies to agree a way forward.
4. It is the Buyers’ responsibility to ensure the product is used for its intended purpose and the product specification is correct for the Buyers’ needs.
5. The Buyer is responsible for ensuring the Order is complete and accurate.
6. We accept the following methods of payment, Bac’s, major credit or debit cards, cash or card over the phone. Card over the phone is only accepted if items are being delivered and the cardholders address match the address we are delivering to.
7. If the Buyer needs to alter an Order for any reason, we request that you notify us as soon as possible. We will confirm if these alterations can be made.
8. Collections of Orders are to be made within Fen Farm Supplies opening hours. Before loading the Buyer must see a member of staff and pay for Goods in full.
9. If the Buyer wishes a member of staff to assist in loading vehicles the team are happy to help, however we take no liability for accidental damage caused by loading or offloading any Order. The Buyer is to inform Fen Farm Supplies if they wish to load the vehicle themselves. Where, if possible, we will assist by placing the Order next to the vehicle for the Buyer to load themselves.

Warranty

1. Any Warranty or Guarantee when Offered is that of our Suppliers. It is up to the Buyer to visit the Supplier’s website and fill in the Warranty/Guarantee form if applicable. If a Buyer wishes to claim on the Warranty/Guarantee, they must follow the Terms laid out by our Supplier.
Delivery

1. We will liaise with the Buyer once all Goods are available to arrange a convenient Delivery date. Payments are generally requested in full before the date of Delivery. Failure to do so will result in the Delivery being delayed or Cancelled.
2. Please be aware we are unable to deliver items that require a chemical license. If the Buyer wishes to Purchase a chemical base product, they must make arrangements to Collect the product.
3. Deliveries of heavy Goods, where a product exceeds 25kg, will require an abled bodied person present to help the driver off load. If this is not possible for any reason, please get in contact with us the day before Delivery at the latest so we can make arrangements for a two man team to attend. This may result in alterations to your date of Delivery. If we are not informed that there will not be an abled bodied person to help off load, or we require a two-man team, the heavy product may be taken back to our store, in which instance the Buyer will either have to make arrangements for Collection or a second Delivery attempt. Please note this may incur an additional Delivery Charge.
4. All deliveries are kerb side only. It is up to the driver’s discretion if there is a request for an alternative Delivery point. Orders are neatly stacked, and we will not be held responsible for any theft or damages once stock has been delivered.
5. We operate our deliveries via Van or Hiab lorry where needed. If access is an issue, please get in contact to inform us of the best access route to the property. Failure to be able to access the property may result in your Order coming back to the shop, in which instance the Buyer will either have to make arrangements for Collection or a second Delivery attempt. Please note this may incur an additional Delivery Charge.
6. Fen Farm Supplies will endeavour to meet the agreed upon Delivery date. In the event a Delivery date cannot be met we will inform the Buyer as soon as possible and will not be held responsible for any damages, losses, costs, expenses inflicted on the Buyer or any third party.

Cancellations and return policy

1. The Buyer has the right to Cancel without penalty prior to Collection or loading for Delivery. This excludes custom made products or products special Ordered in for the Buyer.
2. If the Buyer wishes to return excess or unsuitable products Ordered incorrectly, we accept returns within 14 working days. Returns may be subject to a 10% handling fee, with a minimum fee of £5 + VAT. If the products were previously delivered the Buyer must arrange transportation of the products back to the shop at their own expense. Alternatively, Fen Farm Supplies can Offer a Collection service at an additional Charge. Delivery Charges are not Refunded.
3. A handling fee way be waived if the Buyer exchanges Goods at the same or higher value of Goods returned.
4. Returns are not accepted for custom made products or products special Ordered in for the Buyer.
5. Returns will not be accepted on discounted or products on sale.
6. If the Order is delivered, the Buyer has the right to inspect Goods and Cancel the Order within 14 days, after which an additional 14 days to return the completed Order. The Buyer is liable for returning the Order. Alternatively, we can Quote for Collection. Fen Farm Supplies will then Refund the complete Order, plus Delivery costs, within a 28 day period using the same method as original payment.
7. A proof of payment is necessary for all Goods returned.
8. All items returned must be in sell-able condition with any original unopened packaging.

Damaged and faulty Goods

1. Fen Farm Supplies endeavour to supply the highest quality materials and check for any unnatural faults. We ask the Buyer to be aware that timber is a natural product, and natural flaws may be present such as:
  1. Variation in shades
  2. Warping, splits, as well as shrinking and expanding
  3. Sap including sap which may appear to seep out of the timber
  4. Green spotting/staining
  5. Knots
  6. Timber sizes are approximate, and small differences can occur within the cutting process.

1. The Buyer is asked to inspect Goods and deem them acceptable upon Collection or Delivery, for any shortages in quantity or faulty Goods the Buyer has 48 hours to notify the Seller in writing to [email protected] or call 01353 776126.
2. When submitting a claim of a faulty product, a photo clearly showing the fault will be required to be sent to [email protected]. Fen Farm Supplies will then deem if the product requires replacing or if the item is suitable for purpose, replacement parts or a replacement of the complete product, if a product requires replacement parts these will be fitted by the Buyer.
3. If a complete replacement is necessary, the Buyer will be entitled to a full Refund or an exchange of Goods. Larger items (if delivered) will be the responsibility of Fen Farm Supplies to Collection, whereas for smaller items the Buyer is to return to store.
4. Fen Farm supplies will take no liability for any products used for unintended purposes or which have been altered by the Buyer.

Force Majeure

1. In the case of Force Majeure, the Seller or Buyer will not be held responsible for the delay or failure of previously confirmed time frames of Delivery or Collection. The Buyer or Seller will be entitled to a reasonable extension of obligations for circumstances beyond anyone’s control e.g., Fire, plant machinery failure, war, natural source of supply shortages.

Governing Law, Jurisdiction and Complaints
1. Our Sales Contracts (including any non-contractual matters) is governed by the law of England and Wales.
2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
3. We try to avoid any dispute, so we deal with complaints as follows: If a customer is unsatisfied with the services we have provided they should contact us within 5 days of delivery so we can discuss potential solutions.

Definitions

In these Terms and Conditions, the following words and expressions shall have the meanings set out below unless the context otherwise requires:

“Buyer” means the individual, company or other legal entity purchasing Goods from the Seller under these Terms and Conditions.

“Cancel” or “Cancelled” means the act of terminating an Order prior to Delivery or Collection, whether by the Buyer or the Seller, in accordance with the terms of this Agreement.

“Charge” means any fee, cost or expense payable by the Buyer to the Seller in relation to the Order, including but not limited to Delivery Charges, handling fees, or amendment fees.

“Collection” means the Buyer or their representative taking possession of the Goods from the Seller’s premises.

“Delivery” means the transfer of possession of Goods by the Seller to the Buyer at the Delivery address or kerbside, as specified in the Order, including by Van or Hiab lorry.

“Delivery Charge” means the fee payable by the Buyer to the Seller for the transportation and Delivery of the Goods.

“Force Majeure” means any event or circumstance beyond the reasonable control of either the Seller or the Buyer which prevents or delays the performance of their obligations, including but not limited to fire, flood, storm, accident, machinery failure, war, strikes, natural disasters, shortage of materials or transport, or acts of government or public authority.

“Goods” means any products, materials, or items supplied by the Seller to the Buyer pursuant to an Order.

“Offer” means the Buyer’s request to purchase Goods from the Seller, whether made verbally, in writing, or electronically, which shall only become binding upon acceptance by the Seller.

“Order” means the confirmed agreement between the Buyer and Seller for the sale and purchase of Goods, as accepted by the Seller.

“Price” or “Prices” means the amount payable for the Goods as stated in the Price list, website, Quotation, or in-store, inclusive or exclusive of VAT as stated.

“Purchase” or “Purchases” means the act of buying Goods from the Seller by the Buyer under these Terms and Conditions.

“Quotation” means a written or verbal statement issued by the Seller specifying the Price and terms upon which the Seller is willing to supply Goods to the Buyer, valid for a specified period.

“Refund” means the repayment by the Seller to the Buyer of any sum previously paid under an Order, subject to these Terms and Conditions.

“Sellable Condition” means that the Goods are returned unused, undamaged, unaltered, clean, and complete, in their original packaging (including all parts, accessories, and manuals), with any seals or labels intact, and in a condition suitable for resale by the Seller without the need for repair, repackaging, or discounting. Goods that are damaged, soiled, defaced, incomplete, or otherwise not in original condition shall not be deemed to be in Sellable Condition.

“Seller” means Fen Farm Supplies, trading as The Fencing Place, or any authorised representative thereof.

“Supplier” means any third-party manufacturer, wholesaler or distributor who provides Goods or components of Goods to the Seller for resale.

“Terms and Conditions” means this document, including all clauses, sections, and definitions, as amended or updated from time to time.

“VAT” means Value Added Tax as charged under the Value Added Tax Act 1994 or any equivalent tax applicable from time to time.

“Warranty” or “Guarantee” means the manufacturer’s or Supplier’s warranty offered with certain Goods, providing for repair, replacement, or refund subject to the terms specified by the Supplier.