Updated 12th March 2013

Welcome to the elbec website Terms and Conditions.

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 recommend you also read our Privacy policy.

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.

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

'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.

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.

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.

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.

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 0844 8466640 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.

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.

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.

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.

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.

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.

Under the distance selling regulations you have the legal right to cancel your order within seven working days from the day after the receipt of the goods (with the exception of items made to your specification 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 and Action Playcentre Climbing Frames.) 'The Customer' has no right to cancel at any time should their order include a personalised requirement i.e; optional fixtures, adaptations or preferences. Where goods are delivered to a third party (e.g. a gift) you will only be able to exercise this right if you are able to return to us the goods you ordered. For details of how to exercise this right please see our ‘Returns and Refunds’ section.

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.

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.

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.

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’. There will be 2% charge for payments made by PayPal.

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.

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, or the Republic of Ireland.

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.

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 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.

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.

'The Customer' shall inspect the goods and notify 'The Company' within seven days after the day of receipt of any shortages or damage to the said goods.

Shortage or damage should be reported with detail in writing to 'The Company' address, by email to customercare@elbec.co.uk.

Upon approved claims within the period defined, the manufacturer will forward the replacement parts usually within 5 to 10 working days, subject to stock level.

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 self-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 self-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.

We offer a money back guarantee. Refunds and returns must be made in writing by email/fax or post to elbec Limited. Refunds and returns must be made in writing by email/fax or post to elbec Limited. Please refer to our ‘Returns and Refunds’ section for Terms and Conditions.

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.

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.

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.

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 7 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.

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.