These terms and conditions do not affect your statutory rights as a consumer. The consumer’s statutory rights are not excluded or limited in any way in accordance with either the Sale of Goods Act 1979 (as amended) or the Consumer Rights Act 2015
These terms and conditions may be changed at any time and will be posted online. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website.
Monkton Elm and our suppliers are continuously developing product and therefore reserve the right to amend the specifications of any goods or products without prior notice in relation to future sales. Please email ahead to check exact sizes or potential changes as on occasions minor adjustments may have been made by our supplier
Ordering From Us:
You are deemed to have placed an order with us by ordering via our online checkout process.
As part of our checkout process, you will be given the opportunity to check your order and to correct any errors prior to confirming the order. Once completed, we will send you an order acknowledgement detailing the products you have ordered and the pricing to the e-mail address provided during the ordering process. The order is only accepted by Monkton Elm upon dispatch of the ordered goods and confirmed via a dispatch confirmation e-mail.
We may refuse to accept an order:
a) Where goods are not available
b) Where we cannot obtain authorization for your payment
c) If there has been a pricing or description error
d) If you do not meet any eligibility criteria set out in our terms and conditions
e) If you refuse to provide requested proof of identity where it is required to confirm your address.
Prices listed are in £GBP and are inclusive of delivery costs and VAT.
Monkton Elm may change the advertised price of a product at any time. The price you pay will be the price in force at the time of your order.
Monkton Elm try to ensure prices displayed on the website are correct at all times. However, should a pricing error arise, Monkton Elm will inform you if a product’s correct price is higher than that stated on your order and you may choose to either proceed with or cancel the order. Where a mistake has been made with prices online, we have the right to cancel your order in full and process a refund.
Monkton Elm reserves the right to revise the quoted price in the event of unforeseen and extraordinary expenses for the Company appertaining the goods.
Payment is usually by credit or debit card and is taken when the Order is placed in line with the price featured at the time of purchase and any applicable Delivery charges. This is to protect Monkton Elm from card fraud.
Where we charge separately for shipping, the appropriate rates are set out in our pricing structure shown on our website.
All prices stated include VAT at the applicable rate. For orders made outside of the UK, all orders will be charged including the applicable UK rate of VAT. Any UK VAT paid can then be claimed back through your home country
Delivery is deemed to be successful once the products have arrived at the address provided for delivery.
Signatures are not necessarily required as proof of delivery. If a signature is required you should check the number of cartons and condition of the inspected contents before signing. Should there be any shortages or damages, these must be notified to Monkton Elm by e-mail within 1 working day of delivery.
Once delivered the responsibility for the product is deemed to be the cardholder’s and any loss or damage to the product is then at your own risk. This is particularly notable when deliveries are made to public/workplaces such as hospitals, hotels etc where the signature of any authorised body is deemed to be proof of delivery.
Free delivery offer is available to our list of specified postcode sectors only, which is subject to constant review, and is only available online. If delivery will attract an additional shipping fee then we will contact you first in order to confirm that you still wish to continue the order. Any additional fees due will be charged at cost.
Monkton Elm will not accept any liability for late delivery of the goods and delivery timings will not be of the essence of the contract.
Monkton Elm will not accept liability for non-delivery, where this is caused by circumstances beyond its control. In the case of delivery being refused or aborted at the delivery address, we reserve the right to charge for a second delivery as our delivery obligation only stands for the first delivery attempt.
In all cases, we strive to deliver goods within 7 days from the date of order. If it is apparent at the time of order the delivery period will take longer than 10 days, we will advise the customer before accepting and completing the order processing.
If you refuse delivery of an order you will be subject to a return delivery fee deemed reasonable in accordance with the order. These fees will be deducted from the refund amount which shall be issued once the goods are received back in our warehouse and fully inspected.
CANCELLATION, RETURNS POLICY
We aim to offer a no hassle returns policy however our cancellation and return policy varies slightly between our many varied products ranges as set out below:
If you wish to cancel your order please email our customer services team at firstname.lastname@example.org. Any order cancellation must be confirmed by email prior to despatch and once despatched the returns policy is as set out below in for the various product categories.
So as to comply with the UK Consumer Contracts Regulations, all have a ‘14 Day Cooling Off Period’. The cardholder is liable for all return shipping costs under this right, please contact our team for advice if you wish to exercise this right.
Unless confirmed in writing from Monkton Elm, all orders must be paid for before delivery. In the event of a custom-made item being ordered, this must be paid for in full prior to delivery. Any shortage of payment will result in the products not being dispatched and Monkton Elm reserves the right to charge associated costs incurred in time, carriage (including aborted deliveries), and for the custom made product ordered.
In addition, all returned/exchanged products including the boxes must be in their ORIGINAL CONDITION i.e. NOT WORN, ALTERED or WASHED, and they must be in their ORIGINAL PACKAGING. N.B. – DO NOT TAPE UP, OR WRITE ON BOXES. Any damage to goods/boxes, or sign of use may result in a reduced refund to the customer.
Should an item arrive damaged, the customer must inform Monkton Elm in writing via email within 1 working day of receipt. Monkton Elm will then advise if the customer if they are to return the goods for exchange (in which case we will advise the most efficient transit method for return and the appropriate cost we will reimburse) or if we are to arrange an exchange via our courier Or transports team. All damages/defects must be reported within 1 working day from the date of delivery.
CANCELLATIONS AND RETURN
If you are a UK/EU consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within seven working days following the receipt of your order. By law, Monkton Elm will process your refund as soon as possible and within 30 days at the latest in accordance with your legal rights.
If you wish to cancel a product you have ordered from us, please be aware of the following scenarios and the terms that apply:
“I want to cancel the order prior to dispatch:” by law, you are permitted to cancel your order prior to dispatch but please contact Monkton Elm as soon as possible so that we can minimize the overheads and inconvenience of any costs incurred. This should be by email.
“I want to cancel a custom-made order:” Unfortunately, by nature of the product being made to your specified requirements and tastes, we cannot offer refunds on these items.
“I want to return damaged or incorrectly supplied products:” If the products you receive are damaged or incorrectly supplied on delivery, you should notify Monkton Elm within 24 hours so that we can organise the collection and send out to you replacement without charge to you. We do not make exceptions for instances when the goods have not been opened and/or checked by the customer within the allocated time.
“I have changed my mind on products I’ve received:” If you wish to cancel products that are not damaged or incorrectly supplied, then you must inform Monkton Elm within seven working days following the date of receipt in accordance with the Distance Selling Regulations. You should be advised that cannot accept responsibility or cost for the organisation, collection and return of products. You are required to take reasonable care of the products and not use them while you organise return delivery. See Customer organised returns.
CUSTOMER ORGANISED RETURNS
If you have changed your mind and wish to return any products to us, please be advised that you have a statutory duty to take reasonable care of the products that you are returning. We reserve the right to bring an action against you in the event you breach this statutory duty. This will be reviewed on a case by case basis but examples include:
Returned products are damaged in transit: If products on the return are lost or damaged in transit, we reserve the right to seek direct costs from you.
Returned products are not suitable for resale: On receipt of the returned goods, Monkton Elm will inspect and assess the suitability of products for resale and reserves the right to seek payment for the direct cost should you have been negligent in your duty to care.
Please note, Monkton Elm will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service and with appropriate insurance.
PRODUCT SPECIFIC RETURN INFORMATION
Any returns due to defects or damages must be notified within 24 hours following from delivery. The damaged items will be replaced within a reasonable period of time and at no cost to the customer. We will require photographic evidence of the damage/defect before any replacement/collection can be instigated.
A customer can exercise their right to return the product under the 14-day return procedure Monkton Elm will provide an address for the goods to be returned to, but the customer needs to arrange their own transport for the goods. Typically, with furniture and garden furniture, the return cost could be £60-£120, but this is a guide only and will vary depending on the nature and location of the goods. Upon receipt, the goods will be checked and if not damaged, a full refund will be processed. Should there be any damage to the returned goods, Monkton Elm will contact the customer and provide images to confirm the damage and provide an indication of the repair cost before processing a partial refund. Monkton Elm may be able to arrange collection of the goods, the cost of which will be debited from the original amount paid prior to any refund and will be quoted at cost including VAT.
Due to the vast range of products Monkton Elm supplies, there are varying warranties applied to different product ranges as set out below, and in all cases, we reserve the right to request photo’s accurately detailing the problem if deemed appropriate by Monkton Elm.
All warranties and assistance provided by Monkton Elm are done so in addition to your statutory rights. Works undertaken during this warranty/guarantee period are not necessarily free of charge and will be subject to the following limitations:
a) If the problem is deemed by Monkton Elm to be due to wear and tear or misuse (including commercial use of a domestic product) rather than a manufacturing fault, then charges may be made for rectification. Should there be any claim against this from the customer in this regard then their issue should be taken up with the manufacturer directly and not Monkton Elm.
b) Many products come with a warranty registration card upon delivery, this must be completed and registered with the manufacturer for any warranty to be valid.
c) Should the Monkton Elm conclude that the repair is the customer’s responsibility, the customer will in no way hold Monkton Elm responsible. Where a customer has a guarantee/warranty issue we will endeavour to assist wherever practically possible.
d) Monkton Elm must be allowed the opportunity to view the goods and alleged fault by photographic evidence or returning the product, as appropriate.
e) Monkton Elm accepts no responsibility or liability for products damaged in adverse weather conditions including windy weather, this includes Glass tops and Parasols.
You are permitted to print and download extracts from this Website for your own use on the following basis:
a) No documents or related graphics on this Website are modified in any way;
b) No graphics on this Website are used separately from accompanying the text.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Monkton Elm. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with that stated above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. In addition, any assistance given to the delivery driver i.e. helping lift items off the lorry is done so at the customer’s discretion, Monkton Elm accepts no responsibility for any injury sustained.
Nothing in these terms and conditions shall exclude or limit our liability for
(i) Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977)
(iii) Misrepresentation as to a fundamental matter
(iv) Any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.