Terms of service
Version 1.0
01.06.2024
THESE TERMS MAY HAVE CHANGED SINCE YOU LAST REVIEWED THEM
1. For a list of changes and when they were made, see https://palmako.co.uk/policies/terms-of-service
WHERE TO FIND INFORMATION ABOUT US AND OUR PRODUCTS
2. You can find everything you need to know about us, Gardenlife Products Ltd (company number: 07852294 having our registered office at: Wilson House, 48 Brooklyn Road, Seaford, East Sussex, BN25 2DX) and our products on our website before you order. We also confirm the key information to you in writing after you order by email.
WHEN YOU BUY FROM US YOU ARE AGREEING THAT:
• We only accept orders when we've checked them.
• Sometimes we reject orders.
• We charge you when you order.
• We pass on increases in VAT.
• We're not responsible for delays outside our control.
• Products can vary slightly from their pictures which can be illustrative.
• You're responsible for making sure your measurements are accurate, that the location is suitable for the building or structure purchased and that all necessary consents and licences have been obtained.
• We charge you if you don't give us information we need or do preparatory work as agreed with us.
• If you bought online or over the telephone, you have a legal right to change your mind.
• You have rights if there is something wrong with your product.
• We can change products and these terms.
• We can suspend supply (and you have rights if we do).
• We can withdraw products.
• We can end our contract with you.
• We don't compensate you for all losses caused by us or our products.
• We use your personal data as set out in our Privacy Notice.
• You have several options for resolving disputes with us.
• Other important terms apply to our contract.
WE ONLY ACCEPT ORDERS WHEN WE'VE CHECKED THEM
3. We contact you to confirm we've received your order and to confirm we've accepted it. We will also contact you to provide details of the anticipated delivery date and the date of construction or assembly (if required).
SOMETIMES WE REJECT ORDERS
4. Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside our delivery areas (e.g. if you are located outside of the UK mainland or as otherwise stated as our delivery areas on our website), because the site is not suitable for the building / structure ordered or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
WE CHARGE YOU WHEN YOU ORDER
5. We charge you when you place your order. If there is any reason we are unable to fulfil your order (including if the ground is unsuitable for the type of building ordered), we will contact you as soon as possible and we will return your full payment in the manner it was received.
6. Any discounts or promotional offers advertised are only available while stocks last and are subject to any conditions and time limits applicable to the relevant promotion, offer or discount.
WE PASS ON INCREASES IN VAT
7. If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
WE'RE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL
8. If our supply of your product is delayed by an event outside our control, such as a shortage of building materials, any restrictions on export or import or shipping or logistics delays, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact us at: https://palmako.co.uk/pages/contact or by e-mail to uk-support@palmako.co.uk to end the contract and receive a refund for any products you have paid for in advance, but not received.
PRODUCTS CAN VARY SLIGHTLY FROM THEIR PICTURES
9. A product's true colour / wood texture / overall finish may not exactly match that shown on your screen, device or in our marketing materials.
YOU'RE RESPONSIBLE FOR MAKING SURE YOUR MEASUREMENTS ARE ACCURATE, THAT THE LAND IS SUITABLE AND FOR OBTAINING ANY CONSENTS AND LICENCES REQUIRED
10. If we're making or supplying the product to measurements you provide, you're responsible for making sure those measurements are correct. Find information regarding the sizes of the products on our website or contact us at: https://palmako.co.uk/pages/contact or by e-mail to uk-support@palmako.co.uk.
11. You are responsible for making sure the land where the building is intended to be installed / assembled is suitable for the type, weight and size of the building ordered. We (or our authorised sub-contractors) will undertake a remote / virtual assessment of the land to assist you in this regard but you are ultimately responsible for determining that the size and type of land is suitable.
12. You are responsible for determining whether any consents, building warrants, planning permissions or any other consents or licences are required for the building you have ordered. You are also responsible for ensuring any such consents, building warrants, planning permission or any other consents or licences are obtained prior to installation.
13. We charge you additional sums if you don't give us information we've asked for about how we can access your property for delivery, installation or to provide services or if you don't do preparatory work for installation (including obtaining any required permissions or consents). For example, we might need to re-deliver on another vehicle or with extra manpower, reschedule services or have the structure collected if it is unable to be constructed.
YOU ARE RESPONSIBLE FOR DISPOSING OF ANY PACKAGING
14. The building / structure you have ordered will come packed securely ready for assembly / construction. We will not dispose of the packaging (which may include but is not limited to crates, pallets boxes and plastic wrap) and it is your responsibility to dispose of all packaging in a safe and responsible manner.
MANUFACTURER WARRANTY
15. Most of our buildings / structures come with a manufacturer warranty. We will provide details to you of any manufacturer warranty that is applicable to your building / structure and the details of how to exercise such warranty .
IF YOU ARE A CONSUMER AND IF YOU PURCHASED ONLINE OR OVER THE TELEPHONE, YOU HAVE A LEGAL RIGHT TO CHANGE YOUR MIND. THIS SECTION DOES NOT APPLY TO BUSINESS CUSTOMERS
16. Your legal right to change your mind. For most of our products bought online or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
| Your legal rights: |
| • 14 days to change your mind online or telephone, sales only.; • You pay costs of return. |
17. When you can't change your mind.
You can't change your mind about an order for:
• services, once these have been completed (i.e. the construction of the building);
• goods that are made to your specifications; and
• goods which become mixed inseparably with other items after their delivery.
18. The deadline for changing your mind. If you change your mind about a product or service you must let us know no later than 14 days after:
• the day we deliver your product. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery; and
• the day we confirm we have accepted your order, if it is for a service.
19. How to let us know. To let us know you want to change your mind, contact our Customer Service Team: https://palmako.co.uk/pages/contact or by e-mail to uk-support@palmako.co.uk, fill in the online form at https://palmako.co.uk/pages/contact.
20. You have to return the product at your own cost. If your product is goods, you have to return it to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. You can send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price. For help with returns, contact our Customer Service Team: https://palmako.co.uk/pages/contact or by e-mail to uk-support@palmako.co.uk.
21. We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.
22. You have to pay for services you received before you change your mind. If you bought a service (such as assembly or construction) we don't refund you for the time you were receiving it before you told us you'd changed your mind.
23. If you ask for services to be provided during the 14 day cancellation period, your right to cancel will be lost in respect of services fully provided. Where you request and/or agree to construction of the building / structure prior to the end of the 14 day cancellation period, you will lose your right to cancel in respect of the services fully provided at your request or with your agreement.
24. Products must be in the original condition and in their original packaging. If you have changed your mind, you must ensure that the products are packaged in the same manner as when they were delivered to you and include all component parts.
25. We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", the packaging is damaged, any parts are missing, the product has been assembled or installed and is unable to be disassembled without damage being done. In some cases, because of the way you have treated the product, no refund may be due.
Our Customer Service Team: https://palmako.co.uk/pages/contact or by e-mail to uk-support@palmako.co.uk can advise you on whether we're likely to reduce your refund.
26. When and how we refund you. If your product is a service (i.e. assembly), or goods that haven't been delivered (i.e. cancelled before delivery) or that we're collecting from you, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.
YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT
27. If you think there is something wrong with your product, you must contact our Customer Service Team: https://palmako.co.uk/pages/contact or by e-mail to uk-support@palmako.co.uk. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us (as detailed in clause 35-36 below).
| Summary of your key legal rights (if you are a consumer) |
| If your product is goods, for example a building / structure / log cabin, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: • Up to 30 days: if your goods are faulty, then you can get a refund. • Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. • Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. If your product is services, for example assembly or installation services, the Consumer Rights Act 2015 says: • You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. • If a price hasn't been agreed upfront, what you're asked to pay must be reasonable. • If a time hasn't been agreed upfront, it must be carried out within a reasonable time. |
WE CAN CHANGE PRODUCTS AND THESE TERMS
28. Changes we can always make. We can always change a product:
• to reflect changes in relevant laws and regulatory requirements; or
• to make minor technical adjustments and improvements, for example to address a safety issue. These are changes that don't affect your use of the product; and
29. Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the product or these terms, but if we do so we'll notify you and you can then contact our Customer Service Team: https://palmako.co.uk/pages/contact or by e-mail to uk-support@palmako.co.uk to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but not received:
• changes to the date of installation;
• changes to the date of delivery; or
• changes required due to the suitability of the area on which construction should take place.
WE CAN SUSPEND SUPPLY (AND YOU HAVE RIGHTS IF WE DO)
30. We can suspend the supply of a product. We do this to:
• deal with technical problems or make minor technical changes;
• update the product to reflect changes in relevant laws and regulatory requirements; or
• make changes to the product (see clauses 24 and 25 above).
31. We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we're going to suspend supply, for more than thirty (30) days you can contact our Customer Service Team: https://palmako.co.uk/pages/contact or by e-mail to uk-support@palmako.co.uk to end the contract and we'll refund any sums you've paid in advance for products you won't receive.
WE CAN END OUR CONTRACT WITH YOU
32. We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:
• you don't make any payment to us when it's due and you still don't make payment within seven (7) days of our reminding you that payment is due;
• you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, access to the premises (physical access and a virtual survey) to assess the land, terrain, size and suitability; any permissions, consents, warrants or licences to assemble or install the building; information regarding access to the property;
• you don't allow us to deliver the product to you on the agreed delivery date or you are unavailable to take delivery on the agreed date then (unless the product is made to your specifications or is clearly bespoke) we treat your order as cancelled and refund the purchase price;
• we assess that the proposed site for the building is not suitable or the land is not suitable for the building to be built / assembled; or
• if we are unable to build or assemble the building at the agreed delivery location due to a health and safety risk.
WE DON'T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR PRODUCTS
33. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section clause 8.
• Avoidable. Something you could have avoided by taking reasonable action. For example, providing adequate information about the nature of the land or obtaining all necessary consents, permissions or licences.
• A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.
WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE
34. How we use any personal data you give us is set out in our Privacy Notice: Privacy Policy of palmako.co.uk (iubenda.com).
YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US
35. Our complaints policy. Our Customer Service Team: https://palmako.co.uk/pages/contact or by e-mail to uk-support@palmako.co.uk will do their best to resolve any problems you have with us or our products.
36. You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you are a consumer and you live in Scotland, Wales or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer, we can claim against you in the courts of the country you live in. If you are a business, claims will be subject to the exclusive jurisdiction of the English courts.
OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT
37. We use third party suppliers in the provision of our services. We will notify you of the identity of the party who will deliver and / or install your building. Please note, your details will be shared with the third party who will deliver and install your building in accordance with our Privacy Policy.
38. We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll contact you to let you know if we plan to do this. If you're unhappy with the transfer you can contact our Customer Service Team: https://palmako.co.uk/pages/contact or by e-mail to uk-support@palmako.co.uk to end the contract within fourteen (14) days of us telling you about it and we will refund you any payments you've made in advance for products not provided.
39. You can only transfer your contract with us to someone else if we agree to this. We may not agree if the location of the proposed site where the building is to be assembled differs from the site assessed by us.
40. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
41. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
42. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
BUSINESS CUSTOMER TERMS – THESE TERMS DO NOT APPLY TO CONSUMERS
IF YOU ARE NOT A CONSUMER AND ARE PURCHASING OUR PRODUCTS AS A BUSINESS, THE FOLLOWING ADDITIONAL TERMS APPLY
OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS SECTION
1. References to liability in these Business Customer Terms include every kind of liability arising under or in connection with this contract including but not limited to liability in contract, tort, delict (including negligence), misrepresentation, restitution or otherwise.
2. We only supply the goods for internal use by your business, and you agree not to use the goods for any resale purposes.
3. Nothing in these terms limits or excludes our liability for:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation;
c. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
d. any other liability that cannot be limited or excluded by law.
4. Subject to clause 3 above in these Business Customer Terms, we will under no circumstances be liable to you for;
a. any loss of profits, sales, business, or revenue;
b. loss of business opportunity;
c. loss of anticipated savings;
d. loss of goodwill; or
e. any indirect or consequential loss.
5. Subject to clauses 3 and 4 above in these Business Customer Terms, our total liability to you for all losses arising under or in connection with this contract will in no circumstances exceed 50% of the price of the goods.
6. Except as expressly stated in these terms, we do not give any representations, warranties or undertakings in relation to the goods or services being provided. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the goods are suitable for your purposes.
7. These Business Customer Terms also apply to any repaired or replacement goods and /or services supplied by us to you.
8. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from this contract.
9. If you are unable to accept delivery on the agreed date and time, you shall be responsible for payment of the original delivery costs and any additional delivery costs, expenses, and compensation in arranging and performing delivery.