Terms and Conditions
WE ROSBOROUGH LTD
TERMS AND CONDITIONS
TERMS AND CONDITIONS FOR THE USE OF ROSPAL WEBSITE
Welcome to our terms and conditions of use and sale. These terms and conditions apply to sales and the use of this website. By accessing this website and/or placing an order with us you agree and are agreeing to be bound by these terms and conditions.
We sell: Timber sheds, garden buildings, playhouses, summer houses, workshops, garden storage structures, fence panels, garden gates, artificial grass, composite decking, Ironmongery, fixings and accessories.
This website is managed by 2-Magpies
You can contact us on:
Through our contact form within the site.
Tel No:01942 245531
A. Introduction and Interpretation
A.1 Introduction the Buyer should read these terms and conditions carefully before using this website and purchasing products and/or services from Rospal – WE Rosborough LTD.
By purchasing from us using this website, the Buyer agrees to be legally bound by these terms and conditions. The Buyer should note that these terms and conditions may be modified and posted on the website from time to time.
A.2 In these conditions:
“BUYER” means the person who places an order for Goods or whose order for the Goods is accepted by the Seller.
“GOODS” means the goods (including any instalment of the goods or parts for them) which the Seller is to supply in accordance with these Conditions. The Buyer should note that all Goods depicted on this website (as from time to time modified.)
“SELLER” means Rospal – WE Rosborough LTD Limited (registered in England under number 037 799 23), VAT number GB153 2160 04.
“Consumer” is the meaning attributed in the unfair contract terms act 1977
“List Price” is the list of prices or goods maintained by the “seller” as revised from time to time
“CONDITIONS” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Buyer and the Seller.
“CONTRACT” means the contract for the purchase and sale of the Goods.
“WRITING” means email or post.
A.3 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
A.4 The headings in these Conditions are for convenience only and shall not affect their interpretation.
B.Product & Planed Timber Treatment Colours, Photographs and Images
B. The colours we provide with our planed unseasoned products are light brown, dark brown, grey and clear. These treatments and preservatives are purchased from a 3rd party paint, tint and treatments supplier/manufacturer and are not manufactured, altered or added to by us, therefore, we accept no liability in the change of colours or colour variations. The treatments we use/purchase are delivered to use in large 500-litre IBC tote containers so colours can, will and may vary due to the volumes involved. Also due to photography and image some actual product colours may appear different in “real-time” than that of their photographed counterpart on our website due to various factors but not limited to light, shade, sunlight, external conditions & absorption rates if this is an issue please call into or show and sales site to view products in real-time.
Some of our products on our sales and show site may be entering their 2nd or 3rd season of show, therefore, may appear a different colour to newly purchased, treated and sold product as we treat our products in accordance with our own treatment recommendations & conditions of guarantee i.e treating our timber & show products annually to maintain appearance and to protect and prolong the life of the timbers * this means that some products may have had 2 or 3 “extra” coats giving them a deeper colour than that of a newly treated product counterpart. Timber is also a natural changing product that absorbs treatments at different absorption rates within different areas depending on which part of the tree/log it has been milled from therefore and as such timber products are liable to colour change and variations.
Due to all the above reasons, we cannot guarantee the exactness of our colours*colours variations is liable to occur. *
B.1 Product pictures on this website are for illustrative purposes only, colours and styles may vary. Sizes are approximate and again may vary.
B.2 Acceptance of collection and/or delivery of goods will be regarded as conclusive evidence of the buyer’s acceptance of these terms and conditions.
Damaged or Faulty Goods
Rospal – WE Rosborough LTD undertake to provide products and services of the highest quality and value and will try to rectify any problems should they arise. We request that you read the general points listed below about timbers:
Timber is a natural product that absorbs moistures, paints and treatments at various absorption levels depending on which part of the tree it is milled from causing colour and shade variation when treated with but not limited to solvent, water, oil and PVA based treatments
Timber is a natural material and as such can and will vary in shades and colour and will change again with further weathering.
Pressure-treated products will vary in shades and colour depending on the size/shape of timbers, absorption rates and external factors such as but not limited to materials being manufactured 1,2 (etc) weeks after tanalisation as opposed to 3 weeks and so on. Colour may initially seem a darker/deeper tanalisation these differences will balance out over time and weathering and eventually appear the same.
Shrinkage, expansion and contraction may occur due to seasonal changes and weather.
Heat and humidity may naturally cause splits and cracks (these are called “shakes”) and warping to possible appear. These do not affect the longevity of the product and is not a valid reason for returning products or replacing parts.
Knotts in timber is a natural occurrence, these will vary in size and shape, sometimes they may also dislodge. As stated, this is a natural occurrence and is not a valid reason for returning products or replacing parts.
The green or white marks or “spotting” sometimes appear on a pressure treated, tantalised product is caused by salt resin leaving the timber during and after the pressure treatment process. It will vanish, fade and dissipate over time and does not affect the quality or durability of the product.
All products are handmade or manufactured with the aid of jigs or machinery, small differences may occur.
C. Basis of Sale
C. Once the order is accepted the contract is formed, we may refuse to accept your order after confirmation where:
1. goods are not available; in which case we may provide a substitute for the same type and quality. You will be notified of this substitution by post or e-mail or telephone. You will have an opportunity to return the substitute goods if they are not acceptable. We will bear the cost of returning the substitute goods to our offices.
2. we cannot obtain authorisation for your payment.
3. there has been a product description error; or
4. it is logistically impossible for us to deliver the goods to that location; or
5. delivery surcharges are applicable and have not been paid; or
6. through error, we have under-priced an item; we will not be liable to supply that item to you at the stated price. We will notify you of this before dispatching the item to you. In those circumstances, we will also notify you of the correct price, so that you may decide whether you wish to continue with the purchase. If you decide not to order the goods, we will give you a full refund on any amount paid in accordance with our Cancellations and Returns Policy set out below.
C.1 To order Goods the Buyer must follow the procedures set out in these conditions.
Details of procedures, products, prices, payment and delivery are set out on this website. The Buyer will be given clear instructions as to how to navigate the telephone or e-mail order process. The Buyer will be asked to provide accurate personal details * Please note all calls are recorder for training and monitoring purposes. *
C.2 These terms combined with the pricing policy, order and payment method instructions form the total agreement between Seller and Buyer.
C.3 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering the Contract, the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
C.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
C.5 Any typographical, clerical or other error or omission on this website or in any other sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. All advertised sizes and measurements are an approximation only. The Seller will endeavour to make sure that sizes and measurements are as accurate as possible, but no guarantees can be given. Buildings, fence panels, gates and other goods may differ to images shown.
D. Orders and Specifications
D.1The Buyer is obliged to follow the procedure set out in these terms and conditions when placing an order i.e telephone and E-mail by using these methods the Buyer consents to the terms and conditions. The Seller is not obliged to accept any order. If the Buyer’s order is accepted the Seller will confirm acceptance to the Buyer by online electronic means (“Confirmation”) to the email address provided by the Buyer and / or verbally via telephone. The Buyer should contact the Seller if he or she does not receive Confirmation of order.
D.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including name, full delivery address, contact details and any applicable specification i.e delivery instructions etc ) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms and also for ensuring that all information provided by the Buyer is accurate.
D.3 The Buyer warrants that the credit or debit card used by him in connection with the transaction belongs to him and that there are sufficient funds or credit facilities to meet the cost of any Goods ordered. The Seller reserves the right to obtain validation and verification of the authenticity of the credit or debit card before supplying the Goods.
D.4 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Seller’s specification, which does not materially affect their quality or performance.
D.5 All orders are subject to availability of the Goods. If the Goods are unavailable the Seller will be at liberty to supply to the Buyer a substitute of equivalent quality and price without notice (“the Substitute Product”).
If the seller is unable to supply the Product, or any substitute Product the Seller will notify the Buyer as soon as possible and reimburse any payment made. Any special offers are subject to availability and subject to change. The offer can be withdrawn at any time.
D.6.1 The Seller will endeavour to provide the best customer service possible. Should anything go wrong the Seller will make every effort to resolve the issue. However, should the problem be incapable of resolution, the Buyer may prefer to amend or cancel the order. In that case, the Buyer should email the Seller.
D.6.2 The Buyer may cancel the order within 7 calendar days
*Made to order bespoke/altered/custom items are not eligible for return or refund once manufactured. These include nonstandard products made to order, ordered in specially and or dipped/treated in preservatives or other treatments*
from the date of making the order. If the Buyer cancels the order via telephone the order will be put on hold. The Buyer must confirm his or her wish to cancel the order in writing via email or post within 7 calendar days. The order will not be considered cancelled until notification in writing is received.
D.6.3 If the Buyer decides to cancel the order after the Goods have been dispatched and commenced their carriage (whether by carrier or by post), the Seller may charge the Buyer for the carriage of the Goods. Buyers are advised to check the status of the order before requesting cancellation. Any changes will be communicated to the Buyer before the Seller confirms cancellation.
D.6.4 The Buyer should note that orders placed on Saturdays, Sundays or on public holidays and orders placed after 1.00 pm on normal working days will not be processed until the next working day
D.6.5 The Buyer should note that subject to the provisions of clause 6.2 the Seller will use endeavour to deliver any order placed before the agreed manufacture/delivery date *discussed via telephone or e-mail upon date of order* will be ready in time for Christmas, but the Seller cannot give any guarantee in this regard. Furthermore, orders placed after 1st December *upon arrangement and agreement with the seller will be delivered in January, but again this is subject to the provisions of clause 6.2
D.6.6 The seller reserves the right to change the specification of any items given away free, in a promotion.
D.6.7 With regards to bespoke products, the Buyer should be aware that in most cases it is impossible to find an alternative buyer for Bespoke Products and as such, if the Buyer rejects without good reason, then the Company can pursue the Buyer for its loss and expense.
E. Price of the Goods
E.1 The prices are listed in £GBP and are subject as stated and are inclusive of and VAT unless stated otherwise. The Seller reserves the right to change the advertised price of Goods at any time. The price payable by the Buyer shall be the price in force at the time when the order is placed.
E.2 The Seller reserves the right to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or the costs of manufacture). As already stated, the price payable by the Buyer shall be the price in force at the time when the order is placed.
E.3 Should a pricing error occur; the Seller will inform the Buyer if the price for the Goods is higher than that stated on the order. The Buyer may then choose either to proceed or to cancel the order. We cannot be held responsible for any pricing errors and any errors found will be rectified as soon as possible. If an error is discovered after the order, we will inform you as soon as possible. We will not be obliged to fulfil an order for products, goods or services priced incorrectly. If an item has been charged to you will receive a full refund or be liable for the difference.
F. Terms of Payment
F.1 Payment will be made by cash, BACS, credit or debit card and will be taken when the order is placed. This is to protect the Seller from card fraud. The cost of the goods will be specified in the Sellers current price list and on the Sellers website and or as contained in the Sellers quotation to the Buyer (as applicable) at the date of order or as agreed by both parties. The cost is inclusive of V.A.T at the current rate and unless stated or agreed excludes any delivery charge(s) which will be agreed, specified and added later.
F.2 Payment can be made in a number of ways whether online or over the telephone. The Seller accepts payment by Visa, Mastercard, Switch, Solo, Delta, Visa Electron or Maestro.
*Free Delivery Applies on Sheds,Playhouses, Tool Stores & Summer Buildings within 20 miles of our sales site 215 Manchester Road,Ince,Wigan WN2 2EA (any distances over 20 miles will incur extra costs to be arranged verbally and or by email prior to sale)
G.1 Delivery of Goods shall be made to the Buyer’s nominated address. All delivery lead times are quoted in working days.
If you miss the delivery of your order and it is no fault of ours then you may incur a re-delivery charge as we have met our original, agreed delivery obligation with our 1st attempted delivery.
G.2 The seller aims to contact the customer to arrange for delivery of the Goods within the lead time specified in the agreement of Order or at the time of purchase or if no time is specified in the Confirmation within a maximum of 30 working days (depending on the product & specified lead times) from the date upon which the Order is placed please contact us. However, any dates quoted for contact or delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence. Deliveries do not generally occur on Saturdays, Sundays or public holidays. Damages or expenses incurred by the buyer or any 3rd party arising directly or indirectly out of any failure to meet any estimated delivery date or time will not be passed over or made liable to the Seller.
G.3 Some goods, materials and components may not be in stock when the order is placed, expected date of delivery of said goods and materials will be provided (*please note we have no control of external milling, shipping or raw material lead times.) In the event that the Seller is unable to deliver the goods after this date the Seller will contact the buyer to advise of the situation and the buyer will be entitled to a cancel his order if the order is a none bespoke item (*please see our policy on bespoke items) and receive a full refund or agree to wait and defer delivery to a later date.
G.4 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) the, without prejudice to any other right or remedy available to the Seller, the Seller may:
G.5 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage and re-delivery; or
Goods title and risk pass to the Buyer upon delivery of goods.
G.6 Delivery will be deemed to be completed once the Goods have arrived at the delivery address. Generally, the Buyer or his agent will be required to sign for the Goods by way of proof of delivery. In certain circumstances, arrangements can be made through email or written confirmation. All goods must be signed for by an adult aged 18 or over. Where Goods are being delivered to a business or some other institution such as a hospital, ship, airport or hotel, then arrangements must be made for an authorised signatory to deal with the proof of delivery. Special arrangements can be made for the Goods to be left at the delivery address without a signature (unless a third-party supplier requires otherwise). Buyers should note the provisions of clause 7.1.
G.6.1 Lead Times
Any delivery or manufacture lead times agreed are estimates only and may have to be increased due to outside factors such as but not limited to: Shipping, Milling, Freight and Ferry Crossings, Delivery (to us) of Raw Materials, Mechanical and Motor Problems. We will always endeavour to deliver goods on time but we do not accept liability whatsoever or offer compensation for circumstances and instances out of our control.
H. Risk and Property
H.1 Risk of damage to or loss of the Goods shall pass to the Buyer in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
H.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
H.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
H.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the buyer or any third party where the Goods are stored and repossess the Goods.
H.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all amounts of money owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
I. Warranties and Liability
I.1 Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from reasonable defects in material and workmanship for a period of 12 months from the date of their initial use or 6 months from delivery, whichever is the first to expire.
I.2 The above warranty is given by the Seller subject to the following conditions:
I.2.1the Seller shall be under no liability in the event that the Seller in its absolute discretion makes any change to the specification of the Goods which are required to comply with any applicable safety or statutory requirement or otherwise or which do not materially affect the quality and fitness for purpose of the Goods
I.2.2 the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval
I.2.3 the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.
I.2.4 the above warranty does not extend to parts, paints, treatments or materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
I.3 Subject as expressly provided in these Conditions and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and/or the Unfair Terms in Consumer Contracts Regulations 1999), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
I.4 Where the Goods are sold under a consumer transaction the statutory rights of the Buyer are not affected by these Conditions.
I.5 If the Goods delivered are not the Goods ordered by the Buyer (including any substitute product) the Buyer shall be entitled to reject the Goods. Subject to this, any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date of delivery (save in the case of shortages or other defects discoverable on inspection which must be notified to immediately on delivery and be noted on the consignment note) or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. Furthermore, the Buyer will lose the right to reject the Goods if the Buyer takes any step whatsoever to accept the Goods (such as in the case of a shed installing electrical fittings or in all cases doing any act consistent with the Buyer having acknowledged the fact that it accepts the Goods and has no intention of returning the Goods to the Seller)
I.6 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
I.7 Except in respect of death or personal injury caused by the Seller’s negligence the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other terms, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit of otherwise), which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
I.8 The Seller shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
I.8.1 Act of God, explosion, flood, tempest, fire or accident.
I.8.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition.
I.8.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
I.8.4 import or export regulations or embargoes.
I.8.5 strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party)
I.8.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery i.e. import or milling lead times.
I.8.7 power failure or breakdown in machinery.
I.9 The Seller will not accept any responsibility for any third-party costs incurred for late deliveries, failed deliveries or incomplete deliveries. It is the Buyers responsibility to check that the delivery is complete and in good order before arranging any third-party contractors to assist in installation.
J. Returns & Refunds
J.1 The Buyer may return any delivered Goods:
*Made to order bespoke/altered/custom items and or Garden Buildings are not eligible for return or refund once manufactured. These include nonstandard products made to order, ordered in specially and or dipped/treated in preservatives or other treatments*
within 14 days of delivery for any reason whatsoever including simply a change of mind. The Buyer must notify the Seller in writing or via email to Rospal – WE Rosborough LTD, [email protected] Rospal Fencing Sheds and Gates 215, Manchester Rd, Ince, Wigan, WN22EA
J.2 The Seller will not accept returns or cancellations if the Goods have been altered by applying chemicals or paints to the surfaces or by altering or customising the Goods in any way or doing anything that could be deemed to be an act of the Buyer accepting the Goods as his or her own. The Buyer must keep any Goods he or she intends to return to the Seller in good condition. The Goods must be returned in the same condition as the condition in which they were delivered. If Goods are delivered flat-packed they must be returned in the same condition including complete disassembly. Care must be taken to ensure that Goods returned are packed well to avoid damage or loss in transit. Goods returned which cannot be sold as new due to damage or wear and tear may be subject to a reduction in the refunds given.
J.3 The Seller will process refunds within 30 days. If a refund has been requested once the product has left for delivery or has already been delivered, the 30 days commence from the time that the product has been returned to Rospal – WE Rosborough LTD premises. Where exchange rates of currency are involved, the refund will be made in £GBP at the current exchange rate. The Seller does not accept any 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.
RETURNS & REFUNDS CONTINUED
J.4 Here at Rospal Fencing Sheds and Gates – WE Rosborough LTD, we guarantee your satisfaction. All our products come with a no-fuss guarantee. Therefore, if you are unsatisfied with the product that you have purchased (subject to conditions below), you are able to return the product and we will supply you with a refund or an exchange. *Subject to Conditions*
Please be aware that you, as the customer, must cover the cost of returning any unwanted materials back to Rospal – WE Rosborough LTD. If Rospal – WE Rosborough LTD have sent the incorrect product, we will cover the cost of the return postage/collection. A refund or exchange will only be granted subject to the materials being undamaged/unaltered/unused having undergone an internal inspection. We may ask for you to provide photographic or video graphic evidence in the 1st instance.
*Made to order bespoke /custom or altered items are not eligible for return or refund once manufactured. These include nonstandard products made to order, ordered in specially and or dipped/treated in preservatives or other treatments*
Please Note: – For returns on products ordered incorrectly, surplus nor unsuitable, you may receive a refund less 20% handling and restocking charge and a £3.50 administrative fee will apply if the goods are returned in a saleable condition including all packaging and components. We reserve the right to reduce or refuse a refund if goods are not returned in a saleable condition due to lack of care or if goods have been damaged or used.
Goods returned must clearly show the relevant invoice number on the returned package/unit and include a contact number, name and address so a card refund can be issued and processed.
In accordance with the EU Distance Selling Directive, you are entitled to cancel your order at any time within 7 days of receiving your goods* please see info above RE made to order and/or bespoke items**undamaged/unused*. The cancellation period ends on the expiry of the period of 7 working days beginning with the day after the day on which you received the goods. If you wish to cancel an order under these terms, first contact us and then return your products unopened/unused within 7 days of receiving your goods. We only accept written cancellation confirmation via post or e-mail.
All refunds may be subject to a £3.50 base administrative fee.
Rospal Fencing, Shed’s and Gates / WE Rosborough LTD
K. General (Section I)
K.1 The Seller may alter these terms and conditions from time and time and post a new version on the website following which all use of the website will be governed by the new version. It is the Buyer’s responsibility to check the terms and conditions on the website on a regular basis.
K.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
K.3 The Contract shall be governed by the laws of England.
K.4 We recommend that you print out a copy of these terms and conditions for your future reference.
Please also inspect the Goods on delivery and notify us of any shortages or defects which are apparent at that point. Please also note damages or shortages on the consignment note and call our Customer Service/Sales Team on 01942 245531to to advise.
If you have any questions regarding this website, please contact our customer service/sales team for more information and full contact details.
L. Changes to This Site
L.1 We reserve the right to make changes to this site, the disclaimers and these terms and conditions at any time.
M. General (Section II)
M.1 All information provided by the Buyer must be accurate and complete.
M.2 The Seller relinquishes all responsibility for any product that is delivered as a port, to be forwarded on by a third-party delivery company. This includes damages and spares.
N. Intellectual Property
N.1 The material and content contained within this website are made available to the Buyer for his or her personal non-commercial use only. Any other use of the material and content is forbidden and the Buyer must not copy, reproduce, transmit, publish, display, distribute, commercially exploit or create any works of such material and content or suffer or allow the copying, reproduction, transmission, publishing, display, distribution, exploitation or creation of derivative works of the material and content.
O. The Seller’s Undertakings Regarding the Content and Material on this Website
0.1 The Seller will take all reasonable precautions to keep the details of the Buyer secure. In the absence of negligence on the part of the Seller, the Seller will not be held responsible for any losses caused as a result of unauthorised access to information provided by the Buyer.
P. Planning Permission
This is in no way binding and is dependent on Local Authorities, but may be used as a guide
Applications for approval normally involve a fee, normally related in some way to the value of the development.
Where the development is more than just a simple extension, it is worth considering employing an architect to draw up the plans, submit them to the Local Authority, obtain the approval and then to oversee the work. A professional architect will have professional insurance in case anything should go wrong and should know the Local Officials and their particular foibles.
Every application for Planning Permission or Building Regulations is, to an extent, unique. While the following are general rules, it is impossible to define all the regulations applying to a specific development – Local Authorities have some thick books of rules rather than just these few pages. It is always good advice to consult your local planning/building control officers early to avoid any costly abortive work. If work is carried out without the necessary approvals, the local authority can issue an enforcement notice requiring (at best) retrospective approval or (at worst) demolition of the work completed.
Although the functions of Planning Officials and Building Inspector are separate, the two will often be found in the same building; they are normally very helpful and offer authoritative guidance.
Normally Planning Permission or Building Regulation approval is not required provided that:
Sheds and greenhouses do not cover more than half of the area of the garden; not including the area occupied by the house.
It contains no sleeping accommodation and the floor area does not exceed 15 square metres.
No point is less than one metre from a boundary.
It is not more than 3m high for a flat roof, or 4m with a ridged roof.
Overall height from ground level to ridge must not exceed more than 2.5 metres within a 2-metre range of any boundary. A building with overall height exceeding 2.5 metres in height and placed within 2 metres of any boundary will require planning permission.
Height of the eaves must not exceed 2.5 metres
No part projects beyond any wall of the house that faces a road.
The outbuilding is for use only by those who occupy the house.
A Log Cabin should be more than 5 metres from the main dwelling and up to 50% of the remaining garden can be utilised with this type of building.
No verandas are higher than 30cms from ground level.
Building Regulations do state that structures built of combustible material (i.e. a wooden shed) must be at least 2 metres from the main house.
If at all in doubt contact your local authority for clarification. No charge will be made if no planning permission is required.
Q. Supplied and Fitted Terms and Conditions
Q.1 An agreeable *via telephone or e-mail lead time will apply to those customers requiring sheds or buildings to be fitted. In exceptional and unavoidable circumstances, these periods may be extended.
Q.2 This service is currently offered to limited postcodes only – please contact the sales/customer service team for confirmation of serviced areas.
Q.3 Rospal – WE Rosborough LTD will endeavour to deliver & install customer orders at the earliest opportunity subject to the conditions outlined.
Q.4 Customers will be contacted *approx. 5/7 working days prior to the anticipated fitting date
Q.5 Installations are carried out weekdays only, typically between the hours of 7.00 am and 6.00 pm. A more accurate time of fitting can be given to customers calling the sales/customer service department the afternoon/morning prior to delivery dat19.6 Customers are encouraged to accept their first offered delivery date as stock availability and alternative delivery dates cannot always be guaranteed.
Q.6You do not have to be present at the time of fitting; however, we would require written permission to deliver in your absence and detailed instruction of your fitting requirements. Please send details to [email protected]
Q.7 It is the responsibility of ‘The Customer’ to provide free and unobstructed access for product delivery, erection and entry to the fitting site. We recommend that panel/unit sizes are checked prior to delivery installation to allow access through archways and doors. Any failed, abortive or return delivery charges shall be recovered from ‘The Customer’ at cost *please note most sheds, summerhouses and or garden buildings will NOT fit through houses, kitchens, garages, archways, internal/external doors it is your responsibility to check*
Q.8 Rospal – WE Rosborough LTD will not bear any abortive costs arising from ‘The Customer’ due to a failed delivery/installation
Q.9 Where an installation option is chosen/ selected, this service will be carried out in a competent and professional manner
Q.10 To ensure that installation can be completed, the customer must:
Provide a concrete or paved base, being firm, square (diagonals) and level (by spirit level) – no less than the size of their chosen product. See details on How to build a base
Ensure 600mm (2’) unobstructed access is provided all around the proposed site
No trees, branches or similar encroach upon the proposed site or working space
Provide clear external pedestrian access (not height or turn limited) to allow unimpeded passage of the product sections or components
The area should also be devoid of obstructions and not overly saturated with water. If the fitting team deem the ground is not suitable, the installation will be aborted. Subject to the conditions in point 9
Rospal – WE Rosborough LTD will not bear any abortive costs arising from ‘The Customer’ due to a failed delivery/installation.
Please be aware that it is the customer’s responsibility to install a suitable base prior to the installation.
Q.11 If on arrival, the base does not fully comply with the above and installation is abandoned, ‘The Customer’ will become liable for the installation service fee which is 100% of the original installation cost. This fee will be retained by Rospal – WE Rosborough LTD to cover the initial incurred labour costs. The product can be left on-site and ‘The Customer’ given the option of either:
Self-assembly and or self erection
Or, preparing an appropriate base upon which a return visit can be arranged subject to payment of an additional erection service fee
Q.12 If the buyer decides to cancel the order once the fitting team have finished the installation, the fitting charge will not be refunded, even if the customer wishes to return the building within the 7 days.
R. 12-month Guarantee
R.1 Our standard/dip-treated/spray applicated products carry a guarantee against rot. Anti-rot protection guards against fungal decay and insect attack. We offer a 12-month anti-rot guarantee timber is a natural product and should be re-treated every 12 months with a suitable treatment product if the timbers are not treated annually then the guarantee will be invalid. The application of further treatment and preservative and or the mixing of the treatments will be covered in the Buyers newly selected treatment guidelines and should be followed.
R.2 Wood and Timber is a natural product that is susceptible to changes in its external environment. Extremes of temperature and or weather conditions will cause a reaction in the timber(s) sawn timbers, PAR timbers and rough sawn timbers in particular. These timbers may split, or “shake” (in the timber industry any shrinkage, splitting, warpage or movement is known as a “shake” this guarantee does not cover movement, twisting or warping or splitting of timber products over time.
R.3 Any warranty offered is only valid for goods sold and used within the United Kingdom.
R.4 All products sold are for domestic use only unless otherwise stated in the description and/or product pages.
R.5 Validity of Guarantee
To comply with the conditions of the Warranty:
The product build instructions which are supplied with each building must be adhered to.
If any part of pre-treated timber is cut, notched or drilled then an approved cut-end treatment must be applied.
A suitable timber treatment must be reapplied every 12 months to maintain the appearance and function of the timber. The application and/or mixing guidelines provided by the manufacturer of the timber treatment should be followed.
R.6 The guarantee is invalid if:
If the building has been customised or modified in any way.
The person claiming is not the original purchaser of the building.
The building has not been treated annually or as per the treatment manufacturers.
The building has not been erected, fitted or installed correctly as per the supplied instructions.
The building has not been erected on a suitable sized and solid base
The building is or has been placed within 2 feet (60cm) of any obstruction (walls, trees, fences etc) which can allow moisture to penetrate the timber.
The roofing felt has been incorrectly altered, fitted or damaged allowing water ingress.
R.7 General Information
We recommend that all glazing units are sealed with silicone or a similar alternative.
Roof coverings should be checked at least annually and in the event of suspected damage from an outside source. It is usual for roofing felt to be replaced on a regular basis, at least every 2/3 years approx. weather conditions/force majeure depending.
Wood is a natural product and susceptible to changes in the external environment. Extremes of temperature or prolonged wet/dry/freezing and or sharp variations weather conditions will cause a reaction in the timber. Timber may move, twist, warp and split. This will not affect the structural strength of the wood and is not covered by the product guarantee.
S. Garden Building and or Fence Panel/Gate Recycling Service
The building, or panels etc to take away, must be dismantled and left in panel sections at the front of the property. All panels must be sturdy enough to transport (i.e. and be in 1 piece. We cannot collect any panels larger than 14ft x 14ft, we can only accommodate a maximum of 30 panels. We will also be unable to take away any Glass, Plastics, Chipboard, Metal, Smashed Panels and Non-shed/Fencing material. Failure to adhere to this will result in the non-collection of material not meeting the above requirements the non-refund for the collection charge.
Making a complaint
We’re sorry to hear something is wrong. Please get in touch with us via email [email protected], or in writing to the address above. If your complaint is about an existing or previous order, please have your order number available when contacting us as it will help us find out your details much more quickly.
We don’t currently subscribe to an alternative dispute resolution (ADR) scheme, as we’re confident we will always attempt to resolve any complaint in a professional, courteous manner.
If you’ve been in touch with us and are unhappy with our resolution, please let us know.
As Previously Stated,
Wood is a natural product that is susceptible to changes in the external environment. Extremes of temperature and/or weather conditions will cause a reaction in the timber. There is no way of controlling this. This will not affect the structural strength of the wood/timber or the product or its the guarantee. Sawn timbers, rounded timbers and indeed all timbers may expand, swell, shrink crack and split, this is a completely natural expected occurrence.
We have tried our best to ensure that this website complies with U.K Law. We make no representations that our materials and those on our website are appropriate for use outside of the U.K.
You agree to indemnify us fully, defend or hold us, our offices, directors, employees and agents, harmless from and against all claims, liability, losses, costs (including reasonable legal fees) arising from any breach of the terms and conditions by you, or your use of this website, or by the use by any other person or 3rd party instructed by you using your details.
Modifications to Website
While we take every care and endeavour to ensure that the information on the website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes and amendments to the material on this website or to the products, prices and information described in.
If you are relying wholly on any content to complete your purchase decision then please contact the office 1st on 01942 245531 to clarify and confirm and detail (no matter how minor or trivial you may feel) prior to placing an order with us. This does not affect your statutory rights.