Terms & Conditions

Welcome to the elbec website Terms and Conditions.

Please read them carefully as they contain important information.

These Terms and Conditions set out the use of this site. By accessing this Website and/or placing an order you are agreeing to operate strictly in accordance with these conditions and are therefore agreeing to be bound by the Terms and Conditions set out below. If you do not agree to be bound by these Terms and Conditions you may not use or access this Website.

We encourage you to save a copy of these Terms and Conditions of Use using the 'save as' function of your browser or to print a copy using the 'print' function of your browser.

If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.

1. Definitions

'Conditions' means these Terms and Conditions and the Special Conditions;

'The Company' elbec limited t/a elbec garden buildings aka elbec;

'The company address' elbec limited -

elbec garden buildings, at Brookfields Garden Centre, 431 Mapperley Plains, NOTTINGHAM NG3 5RW

'Product' means a product displayed for sale on the Website;

'Product Description' means that part of the Website where certain terms and conditions in respect of the individual Product are provided;

'Special Conditions' means the terms and conditions in the Product Description;

'Users' means you or the users of the Website collectively;

'Personal Details' means the details provided by you on registration;

'We/us' means elbec;

'Website' means any elbec website located at www.elbec.co.uk or any subsequent URL which may replace it;

'Cookies' means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer;

'United Kingdom' means England, Wales, Scotland, Northern Ireland and the Channel Islands

'UK Mainland' means England, Wales and Scotland excluding offshore locations (e.g Isle of Wight, Isle of Man and Scottish Isles)

'You' means a user of this Website.

2. General terms and conditions

This site is owned and operated by elbec limited t/a elbec garden buildings of

elbec garden buildings, at Brookfields Garden Centre, 431 Mapperley Plains, NOTTINGHAM NG3 5RW.

If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at customercare@elbec.co.uk or 0115 965 9900 or write to "the company address".

"Special conditions" and the product description form part of these terms and conditions.

3. The Contract between us

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.

4. Acknowledgement of your order

To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.

5. Amendments

elbec may update these Terms and Conditions from time to time. Any such changes will be announced on the website (see date at the top). You will be responsible for reading the Terms and Conditions on each occasion you use this website and your continued use of the website shall signify your agreement to be bound by the new Terms and Conditions.

6. Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

7. Registration

To register with elbec you must be over eighteen years of age.

You are responsible for keeping your password and actions relating to your account details confidential at all times. elbec shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

The Personal Details that you provide elbec with when you register as a customer is true, accurate, current and complete in all respects. elbec must be informed immediately of any changes to your personal details either by you accessing ?Your Account? or emailing our Customer Care Team at customercare@elbec.co.uk.

8. Security and Privacy

Your right to privacy is very important to us at elbec and we treat it very seriously. We recognise that when you choose to provide us with information about yourself, you trust us to act in a responsible manner and we will do all we can to make you feel comfortable about using our site and protecting your privacy.

elbec is committed to protecting your privacy. This Privacy Policy explains our data processing practices and your options regarding the ways in which your personal data is used. If you have any requests concerning your Personal Details or any queries with regard to our processing please email our Customer Care Team at customercare@elbec.co.uk or telephone 0115 965 9900 between 9am and 5pm (Monday - Friday) Please note emails will receive priority over telephone messages and we endeavour to answer all queries within 24 working hours.

We store the contract's content and will send you the details of your order as well as our general terms via e-mail. You can find the terms here at all times. The details about your recent orders can be found in your customer login.

We will treat all your Personal Details as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation.

We pledge that we will not release your Personal Details to any company outside elbec for mailing or marketing purposes.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Details and / or User Information, we are entitled to do so.

When entering any of our contests or prize draws, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or prize draw, you are also included in our Newsletter list to receive notice of promotions, special offers and new lines on the Website. You may unsubscribe from this news list by following the unsubscribe instructions in any email you receive from us.

9. Proof of Indentity

Where a customer makes payment by credit card or debit card and does not use the 3d secure card validation; if the cardholder's address does not match the billing address given and or where the delivery address is different to the cardholder's address, you authorise elbec to check and search credit reference files, electoral roll, telephone directory including ex-directory, sanctions and peps, mortality database and passport and driving licence algorithms, so we can verify the identity of the person making the transaction.

10. Our Rights

All rights, including copyright, in this website are owned by or licensed to elbec.co.uk. Therefore you (also you agree not to assist or facilitate any third party) cannot copy, store and/or distribute its contents in whole or part, other than for your own personal or non-commercial use.

elbec reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website. Whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

And/or

Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

11. Third Party Links

To provide further value to our customers, we provide links to other websites and services for you to access at your sole discretion. elbec do not vet these websites, are not responsible or liable, directly, or indirectly and do not have any control over their contents. elbec cannot accept any liability in respect of the use of these websites.

12. Price

The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.

Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.

13. Order Process

Please refer to the 'How to Shop at elbec? page for information on how to place an order. All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions.

When you register with elbec you can subscribe to our newsletter while ordering online. You will receive information from elbec by e-mail about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you untick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word ?unsubscribe? in the subject line. Alternatively, you can e-mail us at customercare@elbec.co.uk or by telephoning our customer care team on 0844 8466640 between 9am and 5pm (Monday ? Friday).Please note emails will receive priority over telephone messages.

Your Personal Details may be disclosed to reputable third parties who will help process your order. Our policy requires all such third parties to treat your Personal Details as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation.

All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available.

All accessories, including any items offered for free, must be selected at the time of ordering to be eligible for free delivery.

The ?Confirmation of Order Detail? stage sets out the final details of your order. After this we will send you an online confirmation and email you details of the products you have ordered. Please note that this email is not an order confirmation or order acceptance from elbec.

A full Sales Invoice can be sent by e-mail upon request, a hard copy is also available for a £5 fee.

It is the responsibility of 'The Customer' to notify any access concerns to 'The Company' at point of order.

All products are sold and supplied for self-assembly only by 'The Customer', unless otherwise stated.

Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in the ?Terms and Conditions section below on ?Order Cancellation? or ?Returns and Refunds? section.

Non-acceptance of an order may be a result of:

Out of stock
Our inability to obtain authorisation for your payment
The identification of a pricing or product description error
You do not meet the eligibility to order criteria.
The contract will be concluded in English. The Terms and Conditions has been governed by and construed in accordance with the laws of England and only the English courts will decide any disputes.

14. Order Cancellation

14.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items. Refer to section 15).

14.2 Should you wish to cancel your order, you must notify us in writing by any durable medium (for example letter sent by post, fax or e-mail to customercare@elbec.co.uk)

14.3 There are certain products which carry a levy for the collection of goods which have been cancelled. Where this applies they are direct costs for the collection of the goods which may include re-packaging costs. If there is a charge for the collection you’ll be notified as soon as possible. Any charges are deducted from the refund returned to customers.

14.4 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our nominated address at your own cost and risk as soon as possible.

14.5 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum agreed as due to you by the method that you paid for your order ie from your credit or debit card or paypal or cheque or bank transfer within 14 calendar days.

14.6 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary or excessive handling by you (for example using or assembling the goods prior to cancellation). Such a deduction will be made once the goods have been inspected on return to warehouse.

If you wish to cancel your contract prior to your order being despatched or if your order has already been despatched, please follow the procedure set out in our 'Returns and Refunds? section.

15. Cancellation of Orders 'Made to Order / Bespoke / Specially made for you?

This applies to Shire Log Cabins, Goodwood Professional Range, Goodwood Gold Range, None Branded Playhouses, Elite Greenhouses, Swallow Greenhouses, Bespoke Metal Fencing and/or Railings, Pre-painted fencing panels, Action Playcentre Climbing Frames and any order made to your own specification. If you decide to cancel such an order at any time after production has commenced you will be liable for the cost of work in progress to date of cancellation.

If you cancel such an order after it has been despatched you will be liable for the cost of the building and the cost of return unless the item is incorrect, faulty or substantially damaged on delivery. Substantially damaged means an item that is damaged that renders the item unfit for purpose. New parts will be sent out for minor damage.

16. Cancellation by us

16.1 We reserve the right not to process your order if:

16.1.1 We have insufficient stock to deliver the goods you have ordered;

16.1.2 We do not deliver to your area; or

16.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

16.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.

17. Description and Accuracy of Content

elbec take all reasonable care in the preparation of the content of this website, in particular to ensure that details, descriptions and prices of products on elbec?s website are correct at time of publishing and all products have been fairly described. Although we aim to keep the website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy within the Order Process section of the Terms and Conditions.

Orders will only be accepted if there are no material errors in the description of the goods or their price as advertised on this website. We have made every effort to display as accurately as possible the colours of our products that appear on the website. The actual colours you see will depend on your monitor; we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.

To the extent permitted by applicable law, elbec disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. All sizes quoted are approximate. elbec shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.

18. Materials

Some of the products may be made from wood or other natural materials unlike steel or plastic or other man made materials are affected by it's environment. Also each piece of timber will have grains and knots which will vary. These variations can absorb treatment and react to the atmosphere differently.

Some splitting of the timber may occur as it expands and contracts with changes in humidity and temperature, knots may also fall out, this is perfectly natural and does not effect the integrity of the product and does not class as a damage unless it makes the building unfit for purpose.

19. Payment

We take full payment from your card at the time you place your order, unless we state otherwise on the product page or in direct communication with you. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.

For payments methods see our section on ?Checkout and Payment?.

You confirm that the credit or debit card that is being used is yours.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

All prices include VAT (where applicable) at the applicable current rates. For delivery charges refer to our section on ?Delivery?

While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have

In the event of any cheques, standing orders or direct debits due from a Customer to the Company being dishonoured, a charge of £45 (or such other sum as the Company may from time to time advise the Customer) will be made on the Customer?s account to cover bank and administrative costs.

The Company may, at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Company to the Customer.

20. Late Payment

We ?the company? reserve the right to commence legal proceedings to recover any outstanding monies due to us. You agree to pay all legal and debt recovery costs should such proceedings be commenced.

You will be given reasonable warning of an intention to commence legal proceedings in writing; by post and by email..

21. Interest on Overdue Invoices

Interest on overdue invoices shall accrue from the date when payment becomes due from day to day if you do not pay on time. You must pay us interest on all amounts overdue for payment from you at the rate of 4% above the bank of England base rate, calculated from the date when payment becomes due up to and including the date of actual payment including all accrued interest, whether before or after judgment.

22. Delivery

This website is only for delivery of products to customers in the UK mainland. We may not be able to deliver to some offshore locations and there may be an additional delivery charge for some locations eg Northern Ireland, the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands. We cannot usually deliver to BFPO addresses.

Delivery charges and estimated timescales for delivery are shown against all products you will also be notified of delivery times when you place an order. We make every effort to deliver items within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. elbec shall be under no liability for any delay or failure to deliver the products within our estimated timescales. We reserve the right to charge for delivery in the event that incorrect information is provided by the customer to elbec resulting in a re delivery of your order or replacement parts.

Where an 'express delivery service' is selected (not available on all products) it is the responsibility of 'The Customer' to provide working daytime contact telephone number(s). Failure to do so may result in delays to the expected delivery. The 'Express delivery service' is subject to real-time stock levels at our manufacturers. Should 'The Company' be unable to provide the 'Express delivery service' due to low stock levels, the 'premium delivery service' fee shall be refunded to the customer.

On products where the customer is given the option of ?Requesting a Delivery Date?, the date is not confirmed until the customer is contacted by the delivery team to confirm the date of delivery.

We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

It is important that this address is accurate.

Please note that we are only able to deliver to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles.

It is the duty of 'The Customer' to make themselves available to be contacted prior to delivery. Should 'The Company' or its chosen agent is unable to contact 'The Customer' the delivery of the order will be adversely affected. Non-branded fencing products can be left without ?The Customer? being present on the day of delivery either by prior arrangement with ?The Company? or by ?The Customer? leaving a signed note for the delivery driver on the day of delivery.

The Company' shall aim to fulfil all orders at the earliest opportunity subject using the distribution infrastructure provided by the manufacturer of the branded product chosen, unless subject to other arrangement given to you in writing. 'The Company' delivery periods as published are given in good faith and are anticipated, based upon manufacturer guidance. Delivery can occur sooner or later than the anticipated timescales. If you do not receive goods ordered by you within 30 days of the date on which you ordered them we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.

If you notify a problem to us under this condition our only obligation will be at our option:

To make good any shortage or non-delivery.
To replace or repair any goods that are damaged or defective.
To refund to you the amount paid by you for the goods in question in whatever way we choose.
Risk of loss and damage of products passes to you on the date when the products are delivered on or on the date of first attempted delivery by us.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits business or goodwill) whatsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as stated in the Terms and Conditions. For more information about deliveries, please refer to our ?Delivery? section

'The Company' is not liable for delivery delays or failures caused by factors outside of 'The Company' control including "Acts of Nature", adverse weather conditions, road accidents, vehicle breakdown or personal illness.

23. Inspection of goods, Shortages and Damages

'The Customer' shall inspect the goods and notify 'The Company' within 14 (fourteen) days after the day of receipt of any shortages or damage to the said goods. Failure to report damages or parts missing may result in a charge to you for any such parts requested.

You must inspect and check all parts prior to assembly which includes checking that all parts listed on the parts list supplied have been received and that all parts received are at the correct measurement as per the parts list. If the parts list cannot be found, you must contact customercare@elbec.co.uk.

Any incorrect parts or items, shortages or damaged parts and items must be reported with detail in writing to 'The Company' address, or by email to customercare@elbec.co.uk.

We reserve the right to request digital photographs to be supplied to elbec limited for damaged parts and the customer must do all they reasonably can to supply these .

Upon approved claims within the period defined, the manufacturer will forward the replacement parts free of charge usually within 5 to 10 working days, subject to stock level. Some parts made need to be manufactured which may increase the delivery time.

Guarantee claims made by 'The Customer' after the period as defined, shall only be considered at the discretion of the manufacturer and not 'The Company'.

All statements made relating to guarantee periods are to be honoured by the relative manufacturer. 'The Company' shall assist with any guarantee claim but shall not bear responsibility.

We reserve the right to decline any replacement request should damage or miss-use of the product have occurred upon 'The Customer' property or during assembly.

'The Company' will not be liable for any costs incurred by 'The Customer', should they fail to inspect and satisfy themselves that the product is sound and complete prior to assembly.

Replacement(s) for shortages or damage reported on 'Express delivery service' orders would be arranged using the 'Standard' delivery. The initial service charge will be retained to account for the initial delivery service.

24. Risk and Ownership

Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier.

Once the goods are delivered to you; you owe a duty of care to look after those goods. If the goods are subsequently lost or stolen, elbec will not be liable for any economic losses or claims (including without limitation loss of revenues, data, profits,expenses, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses due to any fitters and contractors not being able to continue installation as a result of missing, damaged, non delivery or incomplete delivery of goods ordered from Elbec.

You will only own the goods once they have been successfully delivered and paid for in full.

25. Availability

All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.

26. Substitution of Product

We reserve the right to substitute goods or packaging of equal quality and value. We will reimburse you for the cost of returning substitute goods that you do not wish to accept.

27. Installation of Product

For supply only orders, the customer should not arrange or commence any erection service privately until they have received their product and have fully checked that their product is both complete and sound.. Elbec will not be liable for any economic losses or claims (including without limitation loss of revenues, data, profits,expenses, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses due to any fitters and contractors not being able to continue installation as a result of missing, damaged, non delivery or incomplete delivery of goods ordered from Elbec.

Where elbec provide details about installers or where you use your own installer the contract is between you and the installer. Therefore we cannot accept any liability for claims arising from installation of products purchased from us, and in the event of any queries or problems arising from work carried out by the installers, customers must contact the installer concerned

An extended leadtime of up to 10-20 working days will apply to those customers requiring their buildings to be fitted. In exceptional and unavoidable circumstances, these periods may be extended.

This service is currently offered to limited postcodes only - please consult the relevant product page on the elbec website.

Customers will be contacted prior to the anticipated fitting date.

Installations are carried out weekdays only, typically between the hours of 7.00am and 8.00pm. In unavoidable circumstances these times can be extended.

It is the responsibility of 'The Customer' to provide a firm concrete or paved level base with part hardcore, free and unobstructed access for product delivery and entry to the fitting site. Any failed, abortive or return delivery charges shall be recovered from 'The Customer' if the base is deemed unsuitable for assembly or assembly is not possible due to access restrictions. We only recommend concrete bases for Log Cabins and larger workshops and summerhouses.

Elbec will not bear any abortive costs arising from 'The Customer' due to a failed delivery / installation.

Failed Installation(s) on Shire/Goodwood Products and Selected Non Branded Products - If the assembly team have to leave the site before completion for reasons beyond our control including the reasons stated above then the assembly charge will not be refundable.

If you wish the team to return to complete the assembly or re-deliver without assembly there will be a revisit charge of £120 + vat

If the buyer decides to cancel the assembly on the day of assembly there will be a cost to the customer of a minimum £120 + vat per item. The assembly charge will not be refundable.

Failed Installation(s) on Sheriff Products and Selected Non Branded Products - If the assembly team have to leave the site before completion for reasons beyond our control including the reasons stated above then we will retain the cost of the installation and either simply deliver the building to the site at the time to enable the customer to assemble the order themselves or return the product(s) to base and charge an additional 50% of the installation cost ( with a £75 + VAT minimum charge) to cover a second visit to complete the installation.

28. Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

29. Warranties/Guarantees

All warranties and guarantees advertised with our products are provided by our manufacturers and not by elbec.

All our manufacturer's wooden garden buildings are pre-treated with a water based timber treatment for protection during transit (excludes pressure treated garden buildings). In order to receive the manufacturer's full 10 year anti-rot guarantee, it is necessary that you treat the garden building with a high quality, water-based, timber preservative prior to or shortly after construction. This will protect the timber from weathering and will need to be repeated accordingly in relation to manufacturer’s instructions.

This guarantee covers fungal decay and insect attack. The guarantee does not cover movement, warping or splitting of the timber over time. This warranty is only valid in the UK.

Validity of Guarantee The guarantee is invalid if:
• The building has not been constructed on a firm level base
• The building has not been constructed or installed as per the instructions
• The building has been customised in any way
• The person claiming is not the original purchaser of the building
• The building has not been treated immediately once constructed and every 12 months there after
• The buildings has been touched by an external wall or in contact with a tree or a bush. As this would allow moisture to penetrate the building
• All of our products are sold for domestic use only

30. Indemnity

Any disclaimers and exclusions of liability in these Terms & Conditions shall not apply to any damages arising from death or personal injury caused by the negligence of elbec or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal details.

We pledge that we will not release your Personal Information to any company outside elbec for mailing or marketing purposes.

31. Liability

31.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.

31.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

31.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

31.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

31.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Sale of Goods Act 1979 (as amended)) relating to faulty and/or misdescribed goods.

32. Notices and changes to legal notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at ?the company address? and all notices from us to you will be displayed on our website from time to time.

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

33. Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

34. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

35. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

36. Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

37. General

If any part of these Terms and Conditions is found to be unenforceable as a matter of law, all other parts of these terms and conditions shall not be affected and shall remain in force.

If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.

You must observe and comply with all applicable regulations and legislation including obtaining all necessary customs, import or other permits to purchase goods from our site. Certain national laws may prohibit the importation or exportation of certain of our goods to you. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

38. Competition Terms and Conditions
Definition
38.1.1 In this Agreement the following words and phrases shall have the following meanings (and, where applicable, the singular shall include the plural):
“Competition” means any competition or promotion on one or more of areas relating to elbec;
“employee” shall include employees, freelancers and contractors;
“Entrant” means any person who enters a Competition;
“Family Member” means a spouse, partner, close blood relation or spouse of a close blood relation;
the words "include " and "including " shall not be interpreted as limiting the generality of any preceding words;
“Intellectual Property Rights” means any trade marks, copyright, moral rights, performer’s rights, confidential information, trade secrets and all or any other intellectual or industrial property rights, both registered and unregistered anywhere in the world, including any renewals and extensions and including any such rights discovered or invented after the date of this Agreement;
“Participant” means any person who is selected by us to participate in a Competition;
“Prize” means any prize or gift offered or awarded in a Competition;
“Specific Rules” means the specific rules, entry instructions and any other specific details or terms relating to the particular Competition or Prize published on this website or on any other media media which features the Competition;
“Terms” means these Competition Terms and Conditions together with any Specific Rules;
“we ”, “us ” and “our ” means Global including any successors in title and assigns;
“you” means an Entrant or Participant in or winner of (as the case may be) a Competition.

38.1.2 All of our Competitions will be subject to (i) these Competition Terms and Conditions and (ii) the Specific Rules and you will be bound by these Terms when you enter or participate in any Competition or accept any Prize. If these Competition Terms and Conditions differ or conflict with any Specific Rules then the Specific Rules will prevail.

38.1.3 We may add to, amend or vary these Competition Terms and Conditions from time to time, at our discretion.

38.1.4 You agree to co-operate with and comply with all reasonable requests made by us in connection with any Competition and its broadcast.

38.2 Eligibility and Entry Criteria

38.2.1 In order to make a valid entry into a Competition you must enter as an individual using your legal name and make only one entry per Competition, unless the Specific Rules allow you to make multiple entries. The competition is only eligible for UK mainland only residents.

38.2.2 The Specific Rules will state if there are any age restrictions relating to the Competition.

38.2.3 Unless otherwise stated in the Specific Rules, you may not enter a Competition if you are an employee, or Family Member of an employee, of (i) any Global Company or (ii) any Competition sponsor or Prize giver or if you are directly or indirectly connected with the Competition.

38.2.4 So that we can ensure the fairness of our competitions, we reserve the right to prevent you, at our absolute discretion, from entering any of our Competitions for a period of six months if you have either (i) won a Prize valued at £100 or greater or (ii) won more than one Prize during the previous three months. If we choose to exercise this right we will notify you in writing.

38.2.5 You may not enter a Competition if you have been given the answer(s) or any other relevant information in relation to the Competition, either directly or indirectly, by any employee of any elbec, Competition sponsor or Prize giver.

38.2.6 No multiple, bulk, automated, machine assisted, third party, syndicate or other group entries will be accepted. We shall disqualify any entries which, in our reasonable opinion, appear to have used any of these entry methods including multiple entries from the same IP address or telephone number, unless the Specific Rules state that multiple entries are permitted.

38.2.7 We may ask you to provide us with proof of your eligibility to enter a Competition and we reserve the right, in our sole discretion, to decide whether or not eligibility criteria have been met. Breach of any of the criteria contained in this Clause 2 may result in your disqualification from a Competition and/or the withdrawal of a Prize.

38.3. Entering a Competition

38.3.1 Entries by text message (where text is required) must be sent to the applicable shortcode as advertised on-air or online. Please be aware that shortcodes may change from Competition to Competition. You may need to check with your service provider for details of phone network compatibility. You will pay any text messaging charges via your service provider.

38.3.2 Please take care to follow the exact Competition entry instructions. We cannot guarantee Competition entry for mis-spelt entries;

38.3.3 A text message or a telephone call will normally cost the standard rate for your service provider, please check with your service provider for more details. The cost of text messages and telephone calls via different service providers may vary.

38.3.4 If you are using a telephone which is not paid for by you, please ask for the permission of the bill payer before entering the Competition.

38.3.5 If you fail to answer your telephone when we phone you or you become disconnected for any reason before or during the Competition, we reserve the right to select another Entrant to participate in the Competition.

38.3.6 For Competitions involving online voting only one vote for each valid email address will be accepted and we reserve the right to disqualify any Entrant making, or attempting to make, multiple votes.

38.3.7 If a Competition requires you to enter by a deadline dependent on an item we cannot take into account any delay from via IP enabled device and the deadline will be as chosen by elbec, so please take this into account when entering a Competition.

38.4.4. Prizes

38.4.1 If you win a prize, we will notify you within 28 days of the end date of the Competition and you will then have 10 days within which to claim the Prize. If you fail to claim the Prize within the time-limit, or fail to comply with any other instructions or time-limits notified to you, you will forfeit your right to the Prize and your claim will be invalid.

38.4.2 We reserve the right, at our absolute discretion, to request certain evidence relating to your Competition entry including proof of identity, age and address. Please ensure you have given us your correct address so that we can send your Prize to you.

38.4.3 We may carry out an interview with you either by telephone or in person and we may record the interview;

38.4.5 Prizes cannot be exchanged for cash or other.

38.4.6 You will not be entitled to receive a Prize which, for any reason, you would be prohibited by law from purchasing, using or owning.

38.4.7 Unless otherwise stated in the Specific Rules, you may not win more than one Prize per Competition and we reserve the right to withhold or reclaim any second or subsequent Prize.

38.4.8 Where prizes are given no guarantee is given is given with the prize and you must comply with elbec’s terms and conditions together with those set out for the competition and the rules and regulations of the venue.

38.4.9 No fee is payable to you in respect of your involvement in the Competition.

 

These Terms and Conditions do not affect your statutory rights.

elbec thank you for your time to read the above Terms and Conditions and wish you an enjoyable Internet Shopping Experience.