Terms & Conditions – Garden Play

These terms and conditions, together with our Legal Notices, set out the basis on which you can visit and use our website. Please read them carefully as they contain important information: when you agree to these online terms and conditions you shall be deemed also to have read, understood and agreed to our Legal Notices in their entirety.

This site is owned and operated by Caledonia Play (referred to as “Caledonia Play/we/us/our“), Drumbog House, Drum, Kinross, Scotland, KY13 0UN.

‘Caledonia Play’ is the trading name of Radway Continental Limited, whose registered office is 1 Exchange Crescent, Conference Square, Edinburgh, EH3 8UL.

Our company registration number is SC150409, our VAT Registration number is 652019362.

If you would like to ask us anything about these terms and conditions, our Legal Notices, or have any comments or complaints about our website, order process, products or services please email info@caledoniaplay.com or use the online contact form. Alternatively you can contact us by telephoning our office on 01577 840570. National telephone rates apply.

We reserve the right to change these terms and conditions from time to time and you should look through them whenever you shop at this website.

It is your responsibility to retain a copy of the terms and conditions applicable when the goods were acquired.

Order Process and Contract Formation

When you place an order to purchase items from Caledonia Play, we will send you an email confirming receipt of your order and containing the details of your order. This email will not constitute an acceptance of your order. Acceptance of your order and completion of the contract between you and us will take place when we dispatch to you the ordered products unless we have advised you that we do not accept your order or you have cancelled it.

If we are unable to provide you with the items, for whatever reason, we will email you advising you of the position. A full refund will be made for the order if you have already paid for it.

You are able to correct any details or information on your order up to the point at which you click on “proceed to payment” on the final page of our ordering process.

Price

All prices are inclusive of UK Valued Added Tax at standard prevailing rate (20% as of 4th January 2011) but exclude delivery charges. We reserve the right to amend prices, to correct errors or to rectify any omissions at any necessary time: we will inform you of any changes prior to conclusion of the transaction and you will have the opportunity to withdraw from the contract.

Payment

Caledonia Play is partnered with WorldPay for online purchases. WorldPay only provide our customers with the ability to submit online payments. They do not own or hold information about the goods/services you have ordered or their delivery status, and cannot provide refunds or cancel your order for you.

If you have a query regarding your order, please contact Caledonia Play and include your transaction confirmation email with your query.

Delivery

For online orders from our Garden Range:

Once your order has been accepted, we will endeavour to deliver within 14 days providing we have it in stock at time of order

For other orders from our Garden Range:

For smaller items and those products be available via our online shop which are ordered over the telephone or at a show, we aim to deliver within two weeks of placing the order providing we have it in stock at time of order.

For our larger products and those not normally available online, please allow up to four weeks for delivery.

All goods must be signed for by an adult aged 18 years or more unless arrangements have been made to leave the goods in a safe place.

We reserve the right to charge you with any costs reasonably incurred in the event that we are unable to successfully deliver an order due to inadequate address details provided by you or unreasonably restricted access at the delivery address.

Delivery Charges

Product prices do not include delivery charges, these are specified within the “Delivery Charges” webpage. Charges for deliveries to addresses on mainland UK are weight and cost based and are therefore dependent on the size of the order. For ease of calculating charges our delivery charges are banded according to the value of your order. You will be informed of delivery costs prior to completion of your order.

Non-mainland UK addresses incur higher rates, and as these can fluctuate, we are unable to offer our online ordering facility for these areas at present. Instead, please place your order by phoning our office on 01577 840570. Alternatively use the online contact form or email info@caledoniaplay.com.

Cancellation and Returns

If for any reason you are not happy with your purchase you may cancel your order by writing to us by post or email before delivery or within 7 working days of your receipt of our product. You are responsible for taking reasonable care of the goods while they remain in your possession.

You must return the goods to us at your own expense in an undamaged, resalable condition, with all instructions and parts and securely packaged (properly repacked in their original packaging if they were removed from it.) We will refund to you the cost of your order, which includes the original delivery charge, within 30 days of receipt of your cancellation.

Your right to cancel and return the order does not apply where you have commenced construction of the goods to the extent that they cannot be returned in a resalable condition. This proviso is due to the nature of the goods in that certain parts, once built, physically cannot be dismantled or rebuilt.

Damaged or Defective Items

Damaged or defective items will be replaced at our expense, failing which a full refund will be made. This is subject to Caledonia Play being satisfied that the damage has been caused during transit and that it has been signed for “damaged” upon receipt, or by faulty workmanship and is not the result of customer abuse.

Guarantees

All products are sold with a one year guarantee. There is also a one year guarantee against manufacturing faults. There is an extended guarantee of seven years against rotting timber and damage by insects. Proof of purchase must be provided by you.

However because timber is a product of nature it will be affected by the influences of nature. Timber absorbs and releases moisture to stay in balance with its surrounding environment. This process of expansion and contraction will naturally cause cracks and splits to occur and will in no way reduce the quality and structural capability of the timber. As such, cracks and splits are not considered a legitimate cause for complaint or warranty action.

After some time the colour of the timber can acquire a silver-grey patina. This is a normal reaction to sunlight and other weather conditions. Cracks and splinters are normal and do not shorten the life of the product or affect the structural integrity of the equipment. Warranty is specifically excluded in these respects.

Damage caused by vandalism, incorrect assembly, unless the construction of the goods has been carried out by Caledonia Play, or fair wear and tear are not covered by the guarantee.

No warranty is offered on products subjected to abuse, negligence, improper use, acts of God, adaptations, or attachments to equipment other than our own.

Non-residential use of the products is prohibited as the equipment is designed for residential use only. Use of the products in this manner is excluded from warranty.

Warranty does not cover the costs of removal or reinstatement of such components or consequential costs or loss due to failure of the component. Warranty is no longer valid for any timbers moved from their original installation and re-used at a new location.

Direct Mailing and Privacy Policy

We do not currently operate a direct mailing list. We do not use customer’s details for any purpose other than the fulfilment of orders. In particular we will not disclose customer’s details to any third parties. Our full Privacy Policy can be found in the “Legal Notices” section of our website.

Choice of Law

This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with Scottish law.

Limitation of Liability Clause

Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

Subject to the foregoing, the aggregate liability of Caledonia Play in contract (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of this contract shall be limited to the price paid by you for the product(s). Under no circumstances shall we be liable for any form of indirect or consequential loss, costs or expenses as a result of this agreement or contract.

Caledonia Play shall not be liable in any way if the products acquired are used for anything other than private use.

We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.

Intellectual Property

Caledonia Play or its suppliers, partners or content and technology providers, owns all rights in the designs, images and information held on this website. Permission is granted to our customers to copy, print or download extracts of material on this site, only providing that this is for the purpose of placing an order with us or for any other non-commercial or personal use. Any other use of material on this site, including modification, distribution or reproduction, without prior written consent from Caledonia Play, is strictly prohibited.

Miscellaneous

If any part of these terms and conditions is held to be invalid or unenforceable in whole or in part, the validity or enforceability of the other parts of these terms and conditions shall not be affected.

These terms and conditions do not affect your legal rights as a consumer.