These Terms and Conditions apply to all orders for products placed with us via our website, over the telephone or by fax, post or email.
Please read them carefully before ordering products from us.
Nothing in these Terms and Conditions affects the statutory rights of consumers.
1. Acceptance of Your Order
We, Penntree, must receive payment of the price of the products and the delivery charges before we can accept your order.
If you place your order using our website you will receive an email from our payment provider, Sage Pay, using the email address you provided when placing your order. Please click here to visit the Sage Pay website to find out more about Sage Pay. We will also send you an email acknowledging your order. Both of these emails are sent automatically and do not mean that we have accepted your order. We will notify acceptance of your order by sending an email to you stating that your order has been accepted and dispatched. Otherwise, our acceptance of your order takes place upon delivery of the products. Only when we have accepted your order is a binding contract created between us.
Our prices are available over the telephone and are set out on our website www.penntree.co.uk and other literature. Prices are set out on our website in Pounds Sterling and are inclusive of United Kingdom-rated VAT at the prevailing rate where applicable.
You are responsible for the disclosure and payment of any import duties or other taxes which apply in the country to which the products are delivered.
Prices remain in force until we publish new prices on our website. Delivery charges may apply and, if applicable, will be displayed during the order process.
Whilst we try to ensure that all prices on our website, in our literature and given over the telephone are accurate, mistakes can sometimes occur. If we discover an error in the price of products you have ordered we will contact you as soon as possible and give you the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as being cancelled. If the order is cancelled, we will refund any money which we have taken from you.
All images and descriptive matter contained in our website or other literature are for the sole purpose of giving an approximate idea of the appearance and characteristics of the products described and should not be used or relied upon for any other purpose.
The product dimensions supplied are intended to give an approximate indication of the size of individual products. The images of products may not show their actual size. If you wish to inspect a product before purchasing it, please contact us so that we can make arrangements at one of our stores.
All orders are subject to availability of products. If we are unable to deliver products ordered by you we will notify you (where practicable) and, if we have received the price and the delivery charges of the unavailable products, we will refund them to you within 30 days unless you agree to a longer period.
Our aim is to get your orders dispatched within 3 working days but please allow up to 30 days for delivery of your order. We will deliver products ordered by you to the UK address you provide to us. You will not become the owner of the products until they have been delivered to you, at which time they will also become at your risk and we will not be liable for any subsequent damage, loss or destruction to them.
The delivery lorry is contracted to deliver to kerbside only and will offload using a tail-lift and pallet truck. Please note that delivery drivers are not expected to manoeuvre the pallet beyond the rear of the vehicle but will always be as helpful as possible where conditions allow. Good access and hard level ground is required, please see our Further Bulk Delivery Information pdf for further guidance.
In the event that you have agreed a delivery day and then are not at home to accept delivery, a charge of £15 per pallet will be made for re-delivery.
6. Right of Cancellation
The United Kingdom’s Consumer Protection (Distance Selling) Regulations 2000 provide you with a right to cancel your order for products at any time up to the end of the seventh working day following the day after the day on which you received the products. You do not need to give us any reason for cancellation.
If you wish to cancel your order please write to us at Penntree, Unit 1, Bristol Mineral Works, Lime Kiln Road, Rangeworthy, Yate, Bristol, BS37 7QB, UK or email us. If you have already received the product you must return it to us unopened & undamaged at your own expense. If you do not do so, we will charge you our direct costs of recovering the product. We recommend that you use an insured courier service when returning a product to us.
If the product is faulty, please contact us before returning the item so that we can make arrangements for the return of the product. Until you have returned the product to us, you must keep it in your possession and take reasonable care of it. We will credit the price of the product and our delivery charges to your credit/debit card.
All products bought from us are guaranteed against defects in materials and workmanship for 12 weeks from the date of purchase.
If within that period after having opportunity to inspect a product we are satisfied (acting reasonably) that it is faulty as a result of a defect in materials or workmanship you may return the product to us for an exchange or refund of the price of the product. You must provide us with the original invoice, dispatch note or other proof of purchase.
If we supply a replacement product this warranty shall apply to the replacement product for the balance of the warranty period for the original product.
Nothing in this condition 7 affects your statutory rights as a consumer.
This warranty does not apply where the defect is due to the product not being cared for in an appropriate manner or the product has been modified, misused, neglected or willfully or accidentally damaged.
This warranty is not transferable to a new owner of the product.
8. Pre-owned Products
Pre-owned products are products which have previously been sold by us or somebody else to another person and shall be as described on our website, in our literature, or by our customer services representatives over the telephone.
As pre-owned products have previously been owned and/or used by somebody else, they may contain markings and surface damage resulting from wear and tear consistent with their age and use.
The warranty in condition 7 applies to the extent that defects which have been notified to you before buying the product in this condition 8 or otherwise are not deemed to be defects for the purpose of the warranty.
9. Complaints and Liability
All complaints should be addressed to Customer Services, Penntree, Unit 1, Bristol Mineral Works, Lime Kiln Road, Rangeworthy, Yate, Bristol, BS37 7QB, UK.
If products that we deliver to you are not as described or are damaged, defective or of incorrect quantity you should contact us within 7 days of delivery. We will replace the incorrect, damaged or defective products or make good the shortfall in quantity or, at our option, credit the price and delivery charges of those products to your credit/debit card or send you a cheque for the amount to be refunded.
If you do not receive the products you have ordered you should notify us within 42 days of the date of your order (please remember to allow at least 30 days from the date of your order for delivery). We will deliver the products ordered or, at our option, credit the price and delivery charges of the non-delivered products to your credit/debit card or if we have not accepted your order and have been unable to contact you, we will notify you of the reason for non-acceptance upon request.
Our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the products the subject of the claim.
This condition does not include or limit in any way our liability for any of the following: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
Subject to the exclusions listed in the immediately preceding paragraph of this condition, if either of us fails to comply with these Terms and Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms and Conditions.
Neither of us shall be responsible for losses that result from our failure to comply with these Terms and Conditions including, but not limited to, losses that fall into the following categories:
- Loss of income or revenue;
- Loss of business;
- Loss of anticipated savings;
- Or any waste of time.
As we use a 3rd party haulier to deliver orders, any liability arising from the delivery process lies strictly with the haulier.
We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused by circumstances beyond our reasonable control.
We are committed to protecting your privacy and guarantee that we will not sell, trade or rent your personal information to other companies. When you order, we request your name, email address, mailing address, telephone number, credit card and expiration date; this allows us to process and fulfil your order. By ticking the box to accept these terms and conditions you consent to us informing the 3rd party delivery company your name, address and contact details to enable convenient delivery to be arranged.
If any of these Terms and Conditions are unenforceable it shall not affect the enforceability of the rest of these Terms and Conditions.
12. No Variation or Representation
Other than as provided in these Terms and Conditions, nothing said by our sales personnel shall amount to a variation of these Terms and Conditions or a representation about the nature or quality of our products.
13. Third Party Rights
Nothing in these Terms and Conditions shall give any person who is not a party to the contract any benefit or any right to enforce any of the terms of the contract.
14. Governing Law and Jurisdiction
The contract shall be deemed to have been formed under and shall be governed and interpreted in accordance with English law. The English Courts shall have jurisdiction to hear disputes between us.