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NI Climbing Frames Terms & Conditions

NI Climbing Frames Terms & Conditions
Please read these Terms of Business carefully before using this website or purchasing from us. By accessing, using or purchasing from our website you agree to be legally bound by these Terms and Conditions.
 
BUYING PRODUCTS ON OUR WEBSITE
To order a product you will need to follow the ordering procedures. Details of Procedures, Products, Prices, Payment and Delivery are displayed on our website.
You will be given clear instructions on how to navigate our simple on-line order process and you shall be required to provide us with your accurate personal details. By completing all details on our order form, confirming your order and making payment you are consenting to our Terms and Conditions. If you have a comment, concern or complaint about a product you have purchased from us, contact us via email at info@niclimbingframes.com.
 
CANCELLATION, RETURNS AND REFUND POLICY
We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us in accordance with the returns policy described in this section.
 
Right to cancel
Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a legal right to cancel the contract between you and us within 14 days of delivery without giving a reason unless the product is a custom order/ bespoke order.
The cancellation period will end after 14 days starting the day after you or a third party acting on your behalf (excluding the company that delivers the Product to you) takes physical possession of the Product you ordered. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will end after 14 days starting the day after you or a third party acting on your behalf (excluding the company that delivers the Product to you) takes physical possession of the last Product, part, lot or piece that makes up your order.
 
To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email). The easiest way to do this is to contact our Customer Services team.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
 
Effects of cancellation
If you cancel your contract with us, we will reimburse you all payments received from you, including the cost of delivery.
We will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
You are only liable for any diminished value of the Products resulting from the unfair/unreasonable wear and tear of the Product which is not necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
 
Faulty or mis-described goods
If you are returning the Products to us because they are faulty or mis-described, we will refund: the price of the Product in full; any applicable delivery charges. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy or these terms and conditions of sale.  We will refund you only through the payment method used by you to pay.
How to return the Products
You must return Products to us as soon as reasonably practicable. We will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
You will be responsible for the return costs of the products. We are happy to arrange collection but you can also use any carrier you want to return the items.
You must take care when opening packaging that the Products were delivered in and carefully re-pack the Products in the original (or similar) packaging prior to returning the Products to us. If any damage occurs from the point of collection from you and re delivery to us then you are liable for the cost of damage.
If the item is sent to you boxed then for us to be able to accept the return it must be returned in the same box it was sent to you in or we cannot accept the return.
PRICES
All prices listed are in £GBP and are inclusive of VAT. Delivery costs can vary per product and for each postcode but will be clearly displayed during checkout before you make payment.
We can change the advertised price of an item at any time. The price you pay will be the price in force at the time of your order. The price on your order will be validated by us as part of the acceptance procedure. We try to ensure prices displayed on our website are correct at all times.
Should a pricing error arise, we will inform you if a product's correct price is higher than that stated on your order and you can choose to either proceed with or cancel the order.
If you find the same product cheaper elsewhere, contact us and ask for a price match. We will always try to match the price of any identical product you find online subject to a comparable product being in stock & available.
 
PAYMENT
Payment is usually by credit or debit card or Paypal and is taken when the order is placed in line with the price featured at the time of purchase.
 
TERMS OF BUSINESS APPLICABLE DELIVERY CHARGES.
This is to protect us from card fraud. N I Climbing Frames is entitled to refuse any order placed at our discretion. If your order is accepted, we will confirm acceptance to you by online electronic means to the email address you have given us during the order process. The order will then be fulfilled within 14 days unless we advertised the item being out of stock. If you do not receive a confirmation email, please contact us to ensure your order has been accepted.
You undertake that all details you provide to us for the purpose of purchasing products or services which may be offered by us on our website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any products or services. We reserve the right to obtain validation and verification of the authenticity of your credit or debit card details before providing you with any products or services.
You can pay for your shopping in a number of ways, whether it is on-line or over the telephone. We accept MasterCard, Visa, Switch, Solo, Delta, Paypal or Maestro. On-line and telephone order payment is processed via our secure payment system. Please note we do not accept American Express.
 
AVAILABILITY
All products depicted on this website are available for standard delivery to mainland UK and Ireland and by special arrangement to the Channel Islands, Republic of Ireland, Isle of Wight, Isle of Man and the Scottish Isles, Highlands, Mainland Europe or other destinations. All Products are subject to availability.
If the product you order is unavailable we will inform you immediately. In the unfortunate event that we are unable to supply the product to you, we shall notify you as soon as possible and shall offer an alternative or reimburse your payment in full.
 
ARRANGING AND ANTICIPATING DELIVERY
Our Standard Delivery refers to deliveries within most of mainland UK (England, Scotland and Wales) destinations. Deliveries to the Highlands, Islands and other countries will incur an additional delivery fee and will normally incur an extended lead time. (Please note that certain items may not be deliverable to these areas).
Some postcode areas may also incur an additional delivery charge due to remoteness or accessibility restrictions. You will be informed of any additional charges during checkout before you make payment. For further information regarding delivery please contact our customer services team. Deliveries can take between 2-14 working days. This time frame can very in our busy periods, and may depend on your product, i.e. custom and larger items may take longer.
 
N I CLIMBING FRAMES TERMS OF BUSINESS
Any times or dates stated on our website or confirmation emails regarding Delivery are estimates only. N I Climbing Frames attempts to deliver within 14 days, but does not accept liability for any failure to deliver within that time. Orders received on Saturdays, Sundays or public holidays and orders received after 12pm on weekdays, will be processed the next working day.(This time frame can very in our busy periods, and may depend on your product, i.e. custom and larger items may take longer.) Our delivery service does not include delivery on Saturdays, Sundays or public holidays.
Whilst we agree to use all reasonable endeavours to ensure that delivery is made on the day offered, you will acknowledge that delivery is made via third party suppliers and is therefore beyond our control. We therefore cannot accept responsibility for any personal costs incurred for delays or missed deliveries. Incorrect personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate postcode of the delivery address and your daytime contact telephone numbers and e-mail address so we can notify you in the event of a delivery problem.
 
WHEN THE DELIVERY ARRIVES
Delivery will be deemed as successfully made once the Product has arrived at the address specified and the POD has been signed. A signature will be required as proof of delivery. All goods must be signed for by an adult aged 18 years or more.
Should delivery be refused at the delivery address (for any reason other than damages/missing items), and re-requested for another date, we may charge for the second delivery, since we met our delivery obligations with the initial delivery attempt. It is the recipient's responsibility to sign for the correct number of packages as shown on the carrier's delivery consignment note. Shortages and damages must be noted on the consignment note. If products arrive in a damaged condition you must make a note on the carrier's delivery consignment note and inform us within 24 hours of the delivery.  Please note if you have a slide delivered which is not boxed, it is imperative that the slide bag is opened and checked for damages prior to signing the POD from the driver.
 
Deliveries will often consist of multiple items. You should notify us of the shortages within 7 days of delivery. If boxes look damaged on delivery we recommend clearly marking the POD as "damaged". Often it will only be the outer carton that is damage and the wood included will be fine so we would normally advise to accept the delivery; however it is within your rights to reject the delivery. We request that you either accept or reject the whole consignment. Please contact us whilst the delivery driver is with you if you are unsure of what to do.
You have 30 days to report missing or damaged parts from your product. Products will be deemed your responsibility once they have been accepted by you, your agent or the intended recipient. Any loss or damage to the Products shall then be at your own risk.
 
TERMS OF BUSINESS - WOODEN FLAT PACK PRODUCTS (DISTANCE SELLING REGULATIONS)
Our wooden flat-pack products including climbing frames, playsets, swingsets, playhouses and sandpits are exempt from Distance Selling Regulations - Regulation 13 (c) and the right to cancel goods which "by their nature cannot be returned?. The construction process involves drilling and screwing into wooden components which makes irreparable and permanent damage unavoidable. This does not affect the safety or structural integrity of the products, but does affect your rights to return the item. Due to the fact it is impossible and unavoidable to construct the item without causing irreparable damage we request that you carefully inspect the item before beginning the assembly process. You should contact us with any concerns immediately as we will not be able to accept and fully refund a returned product that has been assembled or part assembled. This does not affect your other statutory rights.
 
CANCELLATIONS
We endeavour to provide the best Customer Service possible. Should anything go wrong, you have missing or damaged items, we will make every effort to resolve the issue. However, should the problem be unsolvable, or you prefer to amend or Cancel your Order, please email us. You may cancel your order at any point up to the delivery day. If you cancel your order via telephone your order will be put on hold until we receive written confirmation of the cancellation. You must confirm your wish to cancel the order in writing via email, fax or post. Your order will not be considered cancelled until notification in writing is received. Charges will be incurred upon dispatch of your order so if you have concerns or wish to cancel we request you contact us before the goods are dispatched for delivery.
 
RETURNS
You may cancel your order and return the product at any point up to 7 days after delivery (starting the day following the delivery day). Please note it is your responsibility to return the good to us at your cost. If you wish we can arrange for our third party courier to collect the goods from you, but it will be your responsibility to cover these costs.
 
30kg+ (Oversized) products
These items are covered by our 7 day "No-quibble? returns policy. Should you take delivery and change your mind about the product any time up to 7 days from delivery please inform us and we will arrange to collect the item and refund your payment. The "No Quibble? return is subject to the following conditions: The refund will be subject to a reduction costs incurred by us for the collection, the items must be returned unused, in original packaging and be fit for resale. You have a duty of to take reasonable care of goods so damages or missing items will be chargeable and any replacement costs will be deducted from the refunded amount.
Sub 30kg products
We do not accept any returns (oversized or sub 30kg) without notification. Please contact to notify of the return and request collection for oversized items. Items returned without notification may not be accepted. Any items returned that have damaged caused through lack or care or attempted build and disassemble will be subject to charges for repairs/replacements.
 
TAKING REASONABLE CARE OF THE GOODS
You agree to take reasonable care of the goods from the time that they are delivered to you until the time that the returned items are accepted by us. Examples of a failure to take reasonable care of goods may include if you use the goods, if you assemble or part assemble the goods causing irreparable damage, if you destroy the goods original packaging, or if you unnecessarily damage or loose component parts. If your failure to take reasonable care of the goods means that they are damaged through abuse, misuse or attempted construction we may claim against you for a breach of your statutory duty.
If the goods are damaged whilst in your care (including damage caused in assembling or disassembling the goods), if you fail to return all part or all of the goods, you agree that we may withhold payment of the refund up to the value of the cost to replace the missing or damaged components.
 
REFUNDS
Refunds will be processed back onto the card used to purchase the product(s). Where exchange rates of currency are involved, the refund will be made in £GBP at the current exchange rate. We do not accept responsibility for any loss or gain caused by changes in the exchange rate between the time of ordering and the time of issuing the refund. These terms do not affect your statutory rights.
Any items that have been scheduled to be collected and are failed to be collected within 28 working days will incur a failed collection charge of £19.00. If a refund is due this will be deducted from the refund amount. 
 
All deposits are non- refundable in accordance with UK consumer rights law.
 
MISSING/DAMAGED PARTS
We appreciate that on occasion items may arrive damaged, or on rare occasions may have missing parts. We try to minimise these occurrences, and appreciate they are both frustrating and inconvenient for you. We aim to resolve these situations as quickly as possible and are happy to dispatch parts within a couple of days if submitted through our parts centre form. We will dispatch one consignment of parts for free. Additional consignments will be chargeable.
 
TERMS OF BUSINESS - GENERAL
These Terms and Conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and us.
 
These Terms and Conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court. Except in respect of a payment obligation, neither you nor N I Climbing Frames will be held liable for any failure to perform any obligation to the other due to causes beyond your or N I Climbing Frames respective reasonable control.
 
NOTICES
All notices shall be given:
To us via email, at info@niclimbingframes.com
To us via post at;
N I Climbing Frames 229 Ballynahinch Road, Anahilt, Hillsborough, BT266BH, United Kingdom.
 
MODIFICATIONS TO WEBSITE
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it at any time.
 Unless explicitly stated to the contrary, any new features including new content shall be subject to these Terms and Conditions. Please note that although we try to ensure that the content of our website is accurate, our websites may contain typographical errors or other inaccuracies. These Terms and Conditions replace all other Terms and Conditions previously applicable to the use of our website and/or sale of the Products.
 
NATURE OF OUR WEBSITE
Our website is a place for you to select and order garden, home and leisure products (the "Products"). Our website describes the Products in more detail.
Please note that our website is available only to individuals that can form legally binding contracts under applicable law. You must be over 18 years to purchase the Products, using the payment methods displayed on our website. If you do not qualify you may not use our website.
 
LIABILITY
Under law, we are obliged to meet the following obligations for any Product you purchase from our website:
We own the title and have the right to sell the Product to you
The Product will correspond with the description we have given The Product will be of satisfactory quality The Product is fit for purpose
 
TERMS OF BUSINESS
We also promise that any service we provide to you will be provided with reasonable skill and care. Subject to our Delivery statements, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control. If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permissible by applicable law.
 
INFORMATION YOU PROVIDE TO US
The following applies to any information you provide to us, for example during the registration or ordering process.
You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our suppliers, our partners, successors (including the purchaser of the whole or part of our business), associates, subcontractors or other third parties (together our "Partner Companies").
If you obtain or choose to buy Products from our website then we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters or other messages, then we may collect this information into a file specific to you. All such information collected by us shall be referred to in these Terms and Conditions as "Personal Information".
You must ensure that the Personal Information you provide is accurate and complete and that all Ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy. By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should email us at info@niclimbingframes.com.
The following applies to all messages, emails, ideas, suggestions, concepts and other material submitted by you to us ("Content"):
You must own or have the right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;
You must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection.  Terms of Business mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;
You must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for Products or services; and We have the right to monitor Content and may elicit, reject remove or change Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other Content if we believe that their content is, or may be inappropriate or otherwise does not comply with the above. You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us. You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these Terms and Conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these Terms and Conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these Terms and Conditions.
Applicability of online materials Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and noncommercial use. Our website is controlled and operated by us from our offices in England. Where content published on our website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content whether published on or offline) and the use of such content except for content which relates directly to Products you purchase.
 
We have used our best endeavour to ensure that our website complies with UK laws.
However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws.
N I Climbing Frames Terms of Business If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately. N I Climbing Frames makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you.
You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. N I Climbing Frames accepts no liability, to the extent permitted by applicable laws, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
 
COPYRIGHT AND MONITORING
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is N I Climbing Frames, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an Order with us or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in Order to complete any test or questionnaire.
 
LINKED SITES
N I Climbing Frames makes no representations whatsoever about any third party websites which you may access through our website or which may link to our website. When you access any other third party website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that N I Climbing Frames endorses or accepts any responsibility for the content, or the use of, such a website and N I Climbing Frames shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use or reliance on any content, Products or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
N I Climbing Frames Terms of Business Availability of our website We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an 'as is' basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
SPECIAL OFFER's:
Please note terms and condition’s may apply on certain climbing frames. Any offers cannot be used in conjunction with Christmas and must be delivered and installed within 3 weeks of the offer. Other Terms and conditions may apply. 
COMPLAINTS PROCEDURE:
NICF views complaints as an opportunity to learn and improve for the future, as well as a chance to put things right for the person (or organisation) that has made the complaint.
A complaint is any expression of dissatisfaction, whether justified or not, about any aspect of our operation.
All complaint information will be handled with strict confidentiality. This is done by only telling those who need to know, who will be involved in generating the options and coming to the final solution.
OUR AIM
Our aim is Four-fold:
To provide a fair complaints procedure that is clear and easy to use for any customers wishing to make a complaint.
To make sure that all complaints are investigated fairly and in a timely manner
To publicise the existence of our complaints procedure so that customers know how to contact us in the event of a complaint.
To gather information which helps us to improve what we do
 
OUR PROCEDURE
Our procedure is as follows:
We will note the complaint and begin the process to manage it.
It will be passed onto our customer services personnel.  (inc evidence, if and where applicable)
It would then be reviewed and assessed (normally in 1-3 working days)
Appropriate action would be taken. Disciplinary if needed. Problems would be rectified if needed
We would try to leave whoever or whatever has brought the issue to light as pleased as possible
 
RESOLVING COMPLAINTS
In many cases, a complaint is best resolved by the person responsible for the issue being complained about. If the complaint has been received by that person, they may be able to resolve it swiftly and should do so if possible and appropriate.
 Whether or not the complaint has been resolved, the complaint information should be passed to NI Climbing Frames management as soon as possible.
 
On receiving the complaint, we will record it in the complaints log. If it has not already been resolved, we delegate an appropriate person to investigate it and to take appropriate action. If the complaint relates to a specific person, they should be informed and given a fair opportunity to respond.
 We will acknowledge the complaint and contact the relevant person to let them know when they can expect a reply (Timescale is usually 1 to 2 weeks)
NB: this contact will include a copy of our complaints procedure document.
 
we then document the investigations carried out into the complaint and findings. We conclude the investigation and describe any action taken.
 
Ideally complainants should receive a definitive reply within 4 weeks. If this is not possible because for example, an investigation has not been fully completed, a progress report should be sent with an indication of when a full reply will be given (Maximum of 2 further weeks).
Whether the complaint is justified or not, the reply to the complainant should describe the action taken to investigate the complaint, the conclusions from the investigation, and any action taken as a result of the complaint.
 
A copy of our complaints procedure document is automatically supplied to the relevant person/party when we acknowledge a complaint. The FOS leaflet “Your complaint and the Ombudsmen” is also provided with our final response letter.
If the matter cannot be resolved, the customer can refer the complaint to the Financial Ombudsman Services (FOS). The full contact details can be found at the end of this document.
 
REVIEW
This policy is reviewing on a regular basis and updated as required to make sure that we are constantly dealing with the complaints procedure as best we can.
 
Complaints are reviewed annually to identify any trends which may indicate a need to take further action.
CORRESPONDANCE
NICF Complaints can be received verbally, by telephone, email or in writing:
 
In writing: NI Climbing Frames at 26 Halfway Road, Banbridge, County Down, BT32 4ET.
Email complaints can be sent in to info@niclimbingframes.com.
Phone complaints can be made to 0044 28 40626150.
SPECIAL OFFER's:
Please note terms and condition’s may apply on certain climbing frames. Any offers cannot be used in conjunction with Christmas and must be delivered and installed within 3 weeks of the offer. Other Terms and conditions may apply. Ie. 

TERMS OF BUSINESS APPLICABLE DELIVERY CHARGES.

On occasion some larger or and bespoke items/ climbing frames may need parts ordered in, this can take slightly longer and is typically upto 30 days. On occasion this will be more, but we will let you know and endeavour to get this out to you as soon as possible!