Terms and Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern www.james-bird-landscaping.co.uk’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘James Bird Landscapes Ltd’  or ‘us’ or ‘we’ refers to the owner of the website whose registered address is 1-5 Buttermere Road, Sheffield, S7 2AX.  Our company registration number is 0513140. The term ‘you’ refers to the user or viewer of our website.The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice. 

This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, personal information may be stored by us for use by third parties.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. 

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. 

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. 

All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.  Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. 

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). 

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England. 

Cancellation of online orders 

We reserve the right to cancel online orders for any of the following reasons: 

  • Payment authorisation has been declined 
  • Any product being discontinued or no longer in stock 
  • A product or pricing description error has occurred 
  • We are unable to deliver to your area / or you do not agree to additional costs should a third party logistics company be necessary for us to fulfill a delivery

Definitions

 “Conditions” means these terms and conditions; “Product” means a product displayed for sale on the Website; “Product Description” means that part of the Website where certain terms and conditions in respect of the individual Product are provided; “Users” means the users of the Website collectively; “Personal Information” means the details provided by you on registration; “We/us” means www.james-bird-landscaping.co.uk; “Website” means the website located at www.james-bird-landscaping.co.uk or any subsequent URL which may replace it; “Cookies” means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer; “United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands and “You” means a user of this Website.

Limitation of Liability

The information contained in this website is for general information purposes only. The information is provided by www.james-bird-landscaping.co.uk and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of www.james-bird-landscaping.co.uk. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, www.james-bird-landscaping.co.uk takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Severance 

If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.

Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or 

Any loss of goodwill or reputation; or 

Any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions. Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration

In order to use this website we require that you warrant that:

Any personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and that

You will notify us immediately of any changes to your personal information by contacting us via e-mail or by post at James Bird Landscapes Ltd, 1-5 Buttermere Road, Sheffield, S7 2AX. 

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. 

Placing an Order

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. 

Contract creation and electronic contracts

The process required creating the contract between you and us are as follows: –

You place the order for your products on the website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the web-site.

We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from James Bird Landscapes Ltd.

We will contact you when the goods arrive in our warehouse confirming that delivery arrangements need to be made.Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the our terms & conditions. 

Non-acceptance of an order may be a result of one of the following:

The product you ordered being unavailable from stock.

We are unable to obtain authorisation for your payment.

We have found a pricing or product description error.

Your failure to meet the eligibility to order criteria set out in the main Terms & Conditions.

The contract will be concluded in English.

Description of products

Each product purchased is sold subject to its description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery times and after-sales service. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Images are for illustration purposes only and should not be relied on for colour and size.

Payment

All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products ordered plus delivery charges as set out in the delivery section of this Website. Payment can be made by any of the methods specified in the payment section of this website and payment will be debited and cleared from your account upon order. You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery. 

Refusal of transaction

We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this website whether or not that product has been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. To be eligible to purchase products on this website and lawfully enter into and form contracts on this website under English law you must: – Register by providing your real name, phone number, e-mail address, payment details and other requested information. Be over 18 years of age.Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable. E&OE Excepted.

By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Deliveries

Our national delivery service across our main UK routes is included although parts of England which are further afield along with Wales, Scotland & Northern Ireland will usually incur an additional charge and will involve working with a trusted third party delivery partner. Delivery may be carried out by our own expert team or one of our trusted delivery partners.

*Assembly, if required, may be charged at an additional cost. 

Unfortunately we can not deliver outside mainland UK.

It is your responsibility to advise us at the time of ordering your furniture of difficulties that may be encountered when delivering to your property ensuring this information is sent to us prior to making delivery arrangements. 

Save where damage results from Our negligence or Our employees’ negligence We will not be liable for any damage to Your property or that of third parties or of any premises occurring in the course of Our delivery of the Goods to You. All Goods must be inspected on delivery by You (or an adult representing You) and You (or an adult representing You) shall sign a delivery note to confirm the delivery and inspection of the Goods.  

We will not be responsible for any additional costs, other than normal transport costs, in effecting a delivery, and cost of delivery will be added if we are unable to deliver for any reason that we deem to be reasonable and outside of our control.  We will endeavour to place your items in the location of your choice, but James Bird Landscapes Ltd are only responsible for delivery to the front of your property. 

All delivery times given by us are approximate. We always give delivery times in good faith but cannot be held responsible for any direct or indirect loss due to any reasonable delay or delays due to unforeseen circumstances outside of our reasonable control.

Guarantee

All items for sale on our website are subject to the standard manufacturers standard 12 month guarantee, on condition that each item is cared for in accordance with the manufacturer’s guidance. 

Cancellations & Returns Policy 

Please ensure you read and understand this policy so that you understand your consumer rights.  We are a limited company and endeavour to provide excellent customer services.

Faulty Items 

In the unlikely event you have a problem or a fault with your purchase please contact us immediately and we will arrange to inspect the goods or have them inspected by the manufacturer.  This is in accordance with your statutory rights set out in the Consumer Rights Act 2013.  We will always do our best to resolve any issues you may have.

Orders placed online via our website

Orders placed on our website are covered by your statutory right to cancel your purchase.  Cancelling an online order can be done anytime from the date of placing your order up until 14 days after you receive the goods.  

If you decide you want to cancel your order you must return the goods to us at your cost and ensure they are packaged in their original packaging.  When the goods have been received back to our warehouse we will inspect them to make sure they have not been used and in a resalable condition.  If the goods have been used or damaged we may make a deduction from your refund.

We can arrange a courier to collect your order, the cost will vary due to the nature of the goods you purchased.  Please contact us in this instance and we will happy to provide you with quote.

Should we arrange the collection from you please be aware that the cost of collection and shipping must be paid in full before the date of collection.  You must make arrangements for someone to be in on the date arranged for collection.  A failed collection will incur further charges for a repeat visit

If you chose to use an independent carrier, it is advisable to ensure you are able to track your delivery back to us and have adequate insurance against damage during transit.

If the goods are unused / undamaged we will provide you with a refund which includes the initial outward shipping cost.   Once we acknowledge receipt of your returned goods, you will receive a full refund within 14 days using the same payment method as your original order.

We endeavour to do our best to resolve any issues.  If you need any assistance regarding these terms and conditions please contact us and we will do our best to help you.  

Further InformationIf you’re unsure about any aspect of our cancellation & returns policy then please contact us on 0114 2589290 or e-mail enquiries@jabird.co.uk