Terms & Conditions
MAKING A PURCHASE
By making a purchase from this website you agree to the following Terms and Conditions:
1.1 The acceptance of this catalogue includes the acceptance of the following 'Business to Business' terms and conditions. In the event of your official order forms containing special printed conditions, it is understood that such conditions are only binding in so far as they are not at variance with the terms and conditions contained herein. No variation to these terms and conditions of sale is permitted unless such variation has been authorised in writing by a GARDINER POLE SYSTEMS director. Reference herein to goods shall include all goods and services sold to you.
1.2 If purchasing from this website it is assumed that you are purchasing as a 'business' and these goods are for your use in your business for which you receive remuneration. If you are purchasing as a retail consumer then please email us for alternative terms and conditions. If you continue with any purchase from this webiste or over the phone it is assumed that as a business you have fully understood and accepted these terms & conditions.
1.3 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.4 Due to the changing nature of goods supplied and because of the technical differences in the equipment of our customers, product descriptions may not reflect current technical information, and we cannot be responsible for photographic differences in product size, shape and colour as shown on this website. We reserve the right to supply an item of similar technical performance, but of differing visual appearance.
1.5 Certain website services & facilities will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us as soon as is practicable.
2. ORDER PROCESSING & ACCEPTANCE
2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Gardiner Pole Systems Ltd.
2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.
2.4 The display of any product on our website is in no way an offer by us to sell to you. It is your response that is the offer. Accordingly, we are not liable to sell you any product that might be quoted at a price lower than that meant by us.
2.5 We do not accept back orders. If your item is not in stock you will always be emailed or phoned with the option to cancel your order if you would rather not wait for the item to come back into stock.
3. ORDER CANCELLATION
If you wish to cancel an item, you must call our Sales desk and confirm with an operator in person that the order has been cancelled. For the avoidance of doubt, items not listed in the Catalogue are non-cancellable and non-returnable. Requests to cancel an order for an ex-stock item can only be accommodated within one hour of the original order being received. Thereafter, the order will not be cancellable and any requirement to return the goods will be subject to the returns and handling charges policy outlined in the Terms & Conditions. Once an order for direct shipment from supplier is in process, we are unable to either amend or cancel the request.
4. SHIPPING AND HANDLING
Any times quoted for dispatches are from the receipt by us of an order to proceed. Elapsed times of dispatch are submitted without liability for delay however occasioned, but every effort will be made to achieve them. If you arrange to collect goods yourself it is your responsibility to collect these goods within 5 working days. If you do not, we reserve the right to send these goods by our carrier and you will be charged for that service.
4.2 FEDEX COURIER TRACKED DELIVERY
It is your responsibility to inspect the goods promptly on arrival. Any claims for damage, non-delivery, and loss in transit or late delivery must be made within 24 hours of the delivery date. When signing for your consignment, it is your responsibility to check that the number of parcels being delivered corresponds with the number of parcels stated on the consignment note. If not, the note should be amended accordingly before signature. If the consignment is being delivered later than specified, it is your responsibility to write the time of receipt on the consignment note. If there is any apparent damage to the parcel, it is your responsibility to annotate the consignment note accordingly.
4.3 ROYAL MAIL
Any items sent via Royal Mail that arrive damaged or are lost in transit are claimed for against Royal Mail. If goods delivered by Royal Mail are damaged on arrival, please email us immediately with a photograph of the damage. For lost in transit items, please inform the office if you haven’t received goods that were dispatched via Royal Mail after 5 working days – please ensure you have your original order reference when ringing to report a non delivery. Our staff will look into the issue on behalf of the customer. We cannot take any action of a loss in transit is reported over 60 days after the loss. Please remember that Royal Mail deliveries carry no time/date guarantee. If you wish to upgrade to FedEx courier delivery (insured and tracked delivery), please select the appropriate option at Checkout. Should you make the decision to choose Royal Mail as a cheaper alternative to a FedEx courier delivery, please be aware that should the shipment fail to arrive you will have to wait 10 days until we as a retailer can confirm loss of goods and will then send out a replacement shipment to you. We strongly suggest that all our customers use our FedEx courier delivery as it affords greater protection.
4.4 GOODS SENT TO FORWARDING AGENT ADDRESS FOR ONWARD SHIPMENT OUTSIDE OF UK
These orders will not be accepted if the order is for a Pole longer than a CLX10 or weighs more than 20kg with the shipping address as a Freight Forward Agent's address (such as Address Pal) - if you place an order on our website with a UK shipping address that is for a pole or heavy order with a 'freight forwarder' then we will cancel the order and refund any money paid.
Any warranty issues for such orders would need to be dealt with on a Return to Base basis with the purchaser returning the goods to our UK base at their own expense. If an item is repaired or replaced under warranty, it would first of all need to be returned to our UK address and the purchasers expense and if it is repaired/replaced under warranty, it would then only be delivered back to a UK address.
In the event of goods being rejected or returned, no refund will be issued until the goods are physically in the building; no refund will issued on confirmation of return by tracking. Any refund will be minus any extra fees incurred by us in attempted deliveries, return carriage and handling costs.
Please note that all goods delivered to a UK address will have UK VAT charged on them.
5. DELIVERY SCHEDULE
We always use first class Royal Mail or FedEx for all of our shipping. However once a product is in the hands of the Royal Mail/Couriers we can make no guarantee about its delivery time.
FedEx courier service will deliver between Monday - Friday 09:00 and 18:00. FedEx delivery does not include Saturday delivery - if this is required please email our Customer Service Team on [email protected] who can arrange this for you with the associated extra FedEx charges.
6. SHIPPING ZONES
All areas listed below will need to pay a shipping surcharge in addition to our standard FedEx charge - this will be calculated during the checkout process:
Scotland: AB31-38, AB43-45, AB51-56, IV1-36, IV40-56, IV63, KA27-28, KW1-17, ZE1-3, PA20-38, PA41-78, PH5-9, PH15-50, FK18-21, HS1-9,
Isle of Wight: PO30-PO41
Channel Islands: JE & GY
Northern Ireland: BT
7. DAMAGE/LOSS IN TRANSIT/NON DELIVERY/LATE DELIVERY
It is your responsibility to inspect the goods promptly on arrival. Any claims for damage, non-delivery, and loss in transit or late delivery must be made within 24 hours of the delivery date. When signing for your consignment, it is your responsibility to check that the number of parcels being delivered corresponds with the number of parcels stated on the consignment note. If not, the note should be amended accordingly before signature. If the consignment is being delivered later than specified, it is your responsibility to write the time of receipt on the consignment note. If there is any apparent damage to the parcel, it is your responsibility to annotate the consignment note accordingly. Any items sent via Royal Mail that arrive damaged or are lost in transit are claimed for against Royal Mail. If goods delivered by Royal Mail are damaged on arrival, please email us immediately with a photograph of the damage. For lost in transit items, please inform the office if you haven’t received goods that were dispatched via Royal Mail after 5 working days – please ensure you have your original order reference when ringing to report a non delivery. Our staff will look into the issue on behalf of the customer. Please remember that Royal Mail deliveries carry no time/date guarantee. If you wish to upgrade to FedEx courier delivery (insured and tracked delivery), please select the appropriate option at Checkout. If an order being sent via FedEx does not arrive after one working day from when the tracking number is provided to the customer, 3 working days will have to pass for FedEx to ascertain where the order is and deliver as soon as they can. Re-delivery of a missing order will not be arranged until 3 working days have passed from the original delivery date.
8. DELIVERY COMPLAINTS
You are specifically required to examine the goods and any query relating to the delivery must be notified within 24 hours of receipt. We shall have the option of replacing or crediting the value of goods in respect of which we accept a complaint and thereby terminate our liability. We cannot be held responsible for charges incurred by you in attempting to rectify or modify goods without our written agreement. Any pricing or carriage queries must be reported within 4 days of the date of invoice. No credits will be raised outside of this time period. Any damages must be reported to us within 24 hours of delivery to be covered under our insurance. Claims for damages made after this time will be purely at our discretion and not guaranteed.
9. INCORRECT GOODS
We have high standards when it comes to packing your order, however mistakes do occur from time to time. Please accept our apologies if you have received an incorrect item. Normal practice would be that once the incorrect goods had been returned to us (we would pay agreed postage costs and give a returns number), we would send out the correct goods. Incorrect goods must be reported within 28 days of purchase and return of incorrect goods would need to be within 30 days of delivery. After this time, goods will be deemed to have been accepted by you.
We review each case individually when considering the return of a product; in some cases we may require further information such as pictures so we can choose the best course of action. Our aim is to provide the best solution for you as quickly as possible.
Please get in touch with our Customer Service team and let us know. Either via email [email protected] or by phone 01726 66400 (please leave a message if you get an answer machine – we will get back to you). Our Customer Care team are available Monday to Friday 9.00am to 4.45pm.
10. RETURNS POLICY
Items sent out incorrectly cannot be used before being returned - if they are used it is deemed that the customer has accepted the goods and must pay in full for such goods.Requests by the customer to return catalogue goods to us will be accepted without a handling charge if all of the following criteria are met:
i. the goods are unused and are sourced from the GARDINER POLE SYSTEMS catalogue,
ii. the goods are in original condition and are returned in original packaging,
iii. the goods were invoiced within 14 days of the date of return,
iv. carriage method is approved by us,
v. the return includes a completed goods return note with a Gardiner Pole Systems Returns Number.
vi. carriage to be paid by the returning customer - Handling charges will be levied as follows:
Goods returned within 14 days of receipt will be subject to no handling fees or restocking fees, Goods returned over 14 days after receipt will be subject to a 10% handling charge. In all cases customers will be responsible for return carriage fees. Please be aware that return of outsize items such as poles will incur a larger carriage fee and use of a specialized returns service such as Parcel Force or another courier. Customers have 28 days after receipt of goods to return them, returns will not be accepted after this time. All goods must be adequately packed and addressed to: GARDINER POLE SYSTEMS LTD, RETURNS DEPARTMENT, TREVARRICK MILL, TREVARRICK ROAD, ST AUSTELL, CORNWALL, PL25 5JN. For the avoidance of doubt, returned goods will only be accepted if the above requirements are met. If an item is returned that qualified the original order for free delivery, at the discretion of GPS Ltd, the original outgoing postage cost will be deducted from the refund for the returned item
Gardiner Pole Systems cannot accept responsibility for returns forwarded by customers using their own unapproved carriers. GARDINER POLE SYSTEMS is unable to accept any return of goods sourced on a customer's behalf, which are not listed within the GARDINER POLE SYSTEMS catalogue. Such orders for non-catalogue goods are non-cancellable and non-returnable and as such are accepted entirely at the customer's own risk.
11. PRODUCT GUARANTEE
Should any defects develop under proper use of the goods supplied within the warranty period (12 months unless specified otherwise on product page) after delivery, as a consequence of manufacturing fault, then we will make good by repair or replacement any such defect providing the defective goods are returned to us promptly at the following address: GARDINER POLE SYSTEMS LTD, RETURNS DEPARTMENT, TREVARRICK MILL, TREVARRICK ROAD, ST AUSTELL, CORNWALL, PL25 5JN.
You must obtain a Returns Number before sending back goods. If goods are received without a returns number, no action will be taken and the goods will be kept in storage for three months before being disposed of. All goods must be adequately packaged. Return carriage needs to be paid for by you, the client. Return carriage will be refunded if fault is deemed to fall within our guarantee. We can arrange collection of items but this will be charged to you until reason for fault is established. We shall not be liable in any way for consequential damage or loss or injury.
We reserve the right to return goods to the supplier for repair. This does not affect your right to a refund within 30 days. Any modifications or adaptations or fitting of non-approved accessories (brushes, etc) render the above guarantee null and void. 'Wear and tear' is not covered under this guarantee. On the telescopic poles regular cleaning and servicing needs to be carried out to maintain the full warranty - failure to keep clean, replace worn joint-stop tape or worn end-caps will invalidate any warranty claim
12. CREDIT CARD SECURITY
All credit card information inputted on this site is only seen and stored by Braintree. We do not ever get to see this information.
All orders from new client accounts over £250 in value can only be delivered to a Paypal verified account address or the address that a Credit or Debit Card is registered under.
13. ZERO TOLERANCE POLICY
We aim to deal fairly and consistently with all our customers and make every effort to provide a professional service and we do not view behaviour as unacceptable just because a customer is forceful or determined. However we take it very seriously if a member of staff is treated in an abusive or aggressive way. Unacceptable actions are detailed below:
Aggressive or abusive behaviour
- We understand that some customers can be angry about the issue they have raised in their complaint. If that anger leads to aggression towards our staff through phone calls, emails or social media comments, we consider this unacceptable and operate a “zero tolerance” approach.
- Aggression or abuse includes behaviour or language, verbal or in writing, that may cause staff to feel afraid, threatened or abused. This includes threats, personal verbal abuse, offensive remarks and rudeness.
Managing Aggressive and Abusive Behaviour
- We operate a “zero tolerance” approach to aggression towards our staff.
- We will not accept any emails, texts or phone communication that is abusive to staff. We will tell the customer that we consider their language offensive, unnecessary and unhelpful and ask them to stop using such language. We will state that we will not respond to their communication if the action or behaviour continues.
- Our staff will end phone calls if they consider the caller aggressive, abusive or offensive. Our staff have the right to make this decision, to tell the caller that their behaviour is unacceptable and to end the call if the behaviour continues.
- We will take any other action that we consider appropriate to protect our staff from aggression and abuse moving forward.
Gardiner Pole Systems does not disclose buyers' information to third parties. Cookies are used on this shopping site, but only to keep track of the contents of your shopping cart once you have selected an item. Data collected by this site is used to: a. Take and fulfill customer orders b. Administer and enhance the site and service c. Only disclose information to third-parties for goods delivery purposes or for warranty repair purposes.
15. REMITTANCE TERMS
All goods supplied by us to you remain the property of GARDINER POLE SYSTEMS until the goods have been paid in full. As a result of our continued commitment to provide goods of the highest quality at the most competitive prices, it may be necessary on occasions to supply goods that will differ from those depicted in this catalogue. If the payment method supplied via this website or over the phone is refused, reasonable debt recovery schemes will be used to recover goods or costs incurred by Gardiner Pole Systems.
All orders from new client accounts over £250 in value can only be delivered to a Paypal verified account address or the address that a Credit or Debit Card is registered under
16. PAYMENT TERMS
Payment terms are strictly at point of sale unless otherwise agreed. If any sum is not paid on the due date for payment, all sums then outstanding from you will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date. In the case of default, you agree to allow us or our agent to enter your premises where the goods are kept and remove same. You will be responsible to us for all costs incurred in reclaiming the goods. To comply with the 2003 Money Laundering Regulations we are unable to accept cash payments of the equivalent of £15,000 for any single transaction.
17. LIMITED WARRANTY & LIABILITY
Information on this Website is believed to be accurate and reliable. However, GPS Ltd does not give any representations or warranties, expressed or implied, as to the accuracy or completeness of such information and shall have no liability for the consequences of use of such information.
In no event shall GPS Ltd be liable for any indirect, incidental, punitive, special or consequential damages (including, without limitation, lost profits, lost savings, business interruption, costs related to the removal or replacement of any products or rework charges) whether or not such damages are based on tort (including negligence), warranty, breach of contract or any other legal theory.
Please note that any goods purchased in the UK and then shipped overseas by the customer will not be covered by our standard Warranty terms and conditions. Any costs incurred for returning and maintaining goods will need to be covered by the customer, not by Gardiner Pole Systems Ltd.
18. TAX CHARGES
All orders exclude UK VAT at the current rate of 20% VAT Number: 865 1646 05
19. DRAWINGS AND SPECIFICATION
All drawings and specifications, dimensions and weights provided by us are approximate unless otherwise stated. Therefore, we accept no liability for damage or injury arising from any error or omission in the data provided.
Any performance details given by us are based upon our experience and are such as we expect to obtain on test. We accept no liability for any failure to achieve stated performance figures unless the performance data has been confirmed in writing by a GARDINER POLE SYSTEMS director. You assume responsibility for the capacity and performance of the goods being sufficient and suitable for your purpose.
All price lists, quotations and estimates are subject to alteration without notice, and goods will be invoiced at prices ruling on date of despatch regardless of any price quoted on any purchase order submitted. Carriage and packing will be charged in accordance with the specification of service shown in this catalogue. Prices and charges are listed exclusive of Value Added Tax, which will be added in line with prevailing legislation.
When special contract prices are agreed, we reserve the right to add 5% per month to the invoice price of any batch which is held on your instructions, or if payment is not made within the agreed period shown on the quotation.
22. LEGAL CONSTRUCTION
The contract shall in all respects be construed and operated as an English contract and in conformity with English Law.