Terms & Conditions
In these terms and conditions of sale, the following meanings shall apply:
“Company Signatory” means a person authorised by Us.
“Consumer” means any natural person acting for purposes outside their trade, business or profession.
“Contract” means the contract for the supply of Goods incorporating these Terms.
“Defect” means the condition and/or any attribute of the Goods and/or any other circumstances which, but for the effect of these Terms would have entitled You to damages.
“Goods” means the goods or when the context permits services to be supplied by Us.
“Terms” means the terms set out in this document and any special terms agreed in writing between a Company Signatory and You.
“We” and “Us” means The Prop Factory registered number 08494316, trading also as Giant Deckchairs.
“You” means the person seeking to purchase Goods from Us.
“Your” means the person seeking to purchase Goods from Us.
2. The Contract
2.1 All orders are accepted by Us only under these terms and they may not be altered – other than with the written agreement of a Company Signatory. Any contrary or additional terms, unless so agreed, are excluded.
2.2 Orders may be cancelled only with the agreement of a Company Signatory and you will indemnify us against all costs, claims, losses or expenses incurred as a result of that cancellation.
2.3 You shall be responsible to Us for ensuring the accuracy of the terms of any order including any applicable design drawing/artwork or specification provided to Us by You and for giving Us any necessary information relating to the goods within a sufficient time to enable Us to perform the contract in accordance with its terms.
2.4 We shall not be liable in respect of any misrepresentation made by Us, Our employees or agents to You, Your employees or agents as to the condition of the goods, their fitness for any purpose or as to quantity or measurements.
2.5 Your payment of any money to us confirms your agreement with these terms.
2.6 The property of any goods shall pass to the You when, and not until, all monies on this or any other contract shall have been paid in full. Until such payment has been received then We shall be at liberty to remove the goods.
2.7 The Terms & Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.1 Full payment must be cleared before items are dispatched.
3.2 Quotes are valid for 7 days.
3.3 Full payment must be cleared before any non-stocked items are ordered i.e. fabric, logo.
3.4 All prices listed on Our website are excluding VAT. VAT registration number: 196 0993 60
4. Delivery Terms
4.1 Some particular products or ranges may have a longer lead time and need to be ordered in. If this is the case you will be notified on the product description page or via email
4.2 You are welcome to arrange Your own delivery. Risk in the Goods shall pass to You when the Goods have been signed over when they are delivered by Us or collected by You or Your appointed collection agent.
4.3 We accept no liability for any customs charges made in recipient countries. You are completely responsible for these.
4.4 We use specially appointed couriers who offer a kerbside delivery service. If the vehicle is invited onto Your property it is entirely at Your own risk. The Prop Factory, It’s drivers and couriers will not be liable for any damage to property. This service does not cover the driver to carry the item/s further than ten metres from the vehicle.
4.5 You will be advised of which date your item is likely to be delivered and this can be anytime between 08:00-20:00.
4.6 Should Your item not be successfully delivered to You for reasons outside of Our control then You will be liable to pay for a re-delivery if required. This may involve surcharges related to recovering the goods from the courier.
4.7 We reserve the right to flat pack products for delivery without warning. In which case, instructions for assembly will be supplied.
4.8 When Giant Deckchairs are delivered assembled, they are not packaged unless a packaging charge has been applied.
4.9 A person is to be present upon delivery to sign for the goods and help unload Giant deckchairs, as they require 2 people to lift. If someone is not present we may be unable to deliver the goods in which case you will be liable to pay for a re-delivery if required.
4.10 Help is required to unload due to the size. All liability for damage is waived if this is not the case.
4.11 Re-delivery is charged at 50% original charge, for wrong address given etc, this has happened a few times with your customers giving head office address rather than delivery.
4.12 15 minute drop off time allowed for, additional time is charged for at £35 inc vat per half hour. - On occasion your delivery points have delayed us by as much as an hour, either by not raising somebody to help, not knowing where they want them, or asking us to take them all over the site for multiple chairs.
4.13 Delays from traffic and other unknowns causing delivery times after closing time will not be charged for but will only be delivered on our next 'usual' visit to the area.
4.14 All deliveries are made following the most efficient route for the day and times can not be either specified or guaranteed under any circumstances.
4.15 Unless agreed in advance, returns may not be possible on the same day and if we have to fail a delivery as nobody is there to receive and there is nowhere safe to leave it, there may be a considerable charge if it impact on our other work for the day as well then as a redelivery fee of 50%.
4.16 Our customer (You in this case) indemnify us against everything relating to transport of your goods, so if the van is damaged due to one of your customers actions, you are legally responsible for this.
5.1 You shall inspect the goods at the place and time of unloading or collection, but nothing in these terms shall require You to break packaging and/or unpack goods which are intended to be stored before use.
5.2 You must advise Us by telephone immediately AND give Us written notice within three working days of unloading of any claim for short delivery.
5.3 If You do not give Us that notice within that time, the Goods will be deemed to have been delivered in the quantities shown in the invoice/delivery documents. You shall not be entitled, and irrevocably and unconditionally waive any rights, to reject the Goods or claim any damages whatsoever, for short delivery howsoever caused. Our liability for short delivery is limited to making good the shortage.
5.4 Where it is, or would have been, apparent on a reasonable inspection that the Goods are not in conformity with the Contract or (where the Contract is a contract for sale by sample) that the bulk does not compare with the sample, You must advise Us by telephone immediately AND give Us written notice within three working days of inspection.
5.5 If You fail to give Us that notice within that time, the Goods will be deemed to have been accepted and You shall not be entitled, and irrevocably and unconditionally waive any rights, to reject the Goods.
5.6 We shall not be liable to pay damages but subject to the conditions set out in Clause 5.7 below shall at our sole discretion, either repair the Goods at our own expense, or supply replacement Goods free of charge or refund all (or where appropriate part) of the price of the relevant Goods.
5.7 We shall not be liable under Clause 5.6:
5.7.1 if the Defect is caused by the natural shrinkage, warping, splitting or discolouration of the wood.
5.7.2 if the Defect is caused when the timber is milled.
5.7.3 if the Defect arises from wear and tear.
5.7.4 if the Defect arises from wilful damage, negligence, abnormal working conditions, misuse, alteration or repair of the Goods, or storage of the Goods in unsuitable conditions.
5.7.5 unless after discovery of the Defect We are given a reasonable opportunity to inspect the Goods before they are used, or in any way interfered with.
5.7.6 if the Defect would have been apparent on a reasonable inspection under Clause 5.1 of these Terms at the time of unloading, unless You advise Us by telephone immediately AND written notice of any claim is given to Us within three working days of the time of unloading.
5.8 If the Goods are not manufactured by Us, or have been processed or milled by a third party – whether or not at your request – our liability, in respect of any Defect in workmanship or materials of the Goods, will be limited to such rights against the manufacturer or the third party as We may have in respect of those Goods.
5.9 We take no responsibility whatsoever in the assembly or the final product of flat packed items that are not assembled by Us.
6.1 You must advise Us by telephone within 3 days AND give written notice within 7 days of receipt to arrange a return.
6.2 Items must be returned in the condition and packaging they were sent to you in within 14 days of receipt. Returns may be subject to a re-stocking fee.
6.3 Used or customer damaged goods cannot be refunded or exchanged. Faulty or incorrectly sent items must be returned in the condition they were sent in. We will cover the costs of returning any faulty or incorrectly sent items. Bespoke or branded items cannot be returned.
6.4 Upon satisfactory receipt of any returns We will make a refund of the purchase price paid for the item/s minus any re-stocking fees that may be applicable. We will not refund either the cost of delivery, charged by Us to get the item/s to You, or the cost for You to return the item/s.
7.1 You agree that where the Goods become a waste, to bear the responsibility for ensuring and financing all costs of collection, treatment, recovery and environmentally sound disposal of the Goods in accordance with EU regulations. In addition You also agree to bear responsibility for compliance with such requirements and financing all such costs in respect of any which are being replaced by Goods as a new equivalent product or as a new product fulfilling the same function. Additionally You agree to indemnify and hold harmless Us and any other person who is the producer of the Goods within the meaning of EU regulations from all such costs referred to in this clause.
8. Promotions (12/10/16 - 05/11/16 Winter 2016 Offer)
8.1 Discount is per Giant Deckchair and is limited to one voucher per chair.
8.2 Discount does not apply to replacement slings.
8.3 No additional discount can be applied
8.4 Order must be paid for in full before 05/11/16 and dispatched when built.
9.1 You will unconditionally, fully and effectively indemnify Us against all loss damages, costs on an indemnity basis and expenses awarded against, or incurred, by Us in connection with, or paid, or agreed to be paid, by Us in settlement of any claim for infringement of any patents, copyright design, trademark, or any other industrial or intellectual property rights of any other person.
9.2 We shall not be liable for any delay or failure to perform any of our obligations in relation to the Goods due to any cause beyond our reasonable control, including industrial action.
8.3 We’ve made every effort to ensure our products are built to a high standard, though as there are a lot of variables out of our control we can’t offer any guarantee how long our products will last.
9.4 We do not accept liability for any third-party work carried out on the Giant Deckchair purchased from Us. We do not advocate changing or replacing the sling unless safety is a concern. Our products must only be fitted with Our approved parts & fixings.
9.5 It is Your responsibility to read and follow the’ Maintenance and Safety Advice’ document, which can be found at http://www.giantdeckchairs.com/safety/GDSafety.pdf. These are guidelines only and You will unconditionally, fully and effectively indemnify Us to any damages that occur by following these guidelines.
9.6 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Us shall be subject to correction without any liability on the part of Us.
10.1 All reasonable efforts shall be made to obtain the best possible colour reproduction on Your work but variation is inherent in the print process and it is understood and accepted as reasonable that, We shall not be required to guarantee an exact match in colour or texture between Your electronic graphic file,or any other materials supplied by You and the printed article the subject of the Your order.
10.2 The images of the products on our website and via email are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% tolerance.
These terms do not affect your statutory rights.
All images and wording on our website, Facebook page and other social media are copyrighted to us. Our company name and logo are trademarked and may not be used by anyone other than us.
© The Prop Factory 2017.
Giant Deckchairs is a trading name of The Prop Factory Ltd which is a limited company registered in England and Wales. Company Registration No. 08494316 Registered Offices: Unit 2, 8 Marsh Green Road North, Exeter, EX2 8NY.