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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
This policy applies on and from 25 May 2018
Keeping your data safe
elbec limited t/a elbec garden buildings are committed to keeping your personal data safe and secure, and handling it in accordance with our legal obligations. This Privacy Policy sets out in detail the purposes for which we process your personal data, who we share it with, what rights you have in relation to that data and everything else we think it's important for you to know.
Who are we?
elbec limited is a privately owned retail company. We sell garden buildings, garden structures and fencing online at www.elbecgardenbuildings.co.uk (the elbec website) and at our showsite at Brookfields Garden Centre in Nottingham NG3 5RW.
We aim to provide customers with the highest quality garden products at all price points making us one of the most competitive in the UK in the garden building market. We have an ongoing program to invest in the latest technology and systems to provide our customers with the best possible shopping experience.
When you use www.elbecgardenbuildings.co.uk we collect information about how you use the elbec website, so that we can improve the customer experience, our products and services to you in the future.
8.1 Who's in control?
8.1.1 It is important that you understand who is responsible for keeping your data safe. We are the "controller" of all personal data collected and used for the purposes of the elbec website and for any other purposes set out in this Privacy Policy. This means that we are responsible for deciding how and why your data is used and for ensuring that your data is handled legally and safely.
8.1.2 We have appointed a Data Protection Officer (DPO) who has ultimate responsibility within elbec limited for making sure your data is treated in accordance with this Privacy Policy and the law. Our DPO can be contacted by emailing dataprotection@elbec.co.uk.
8.2 What data do you hold on me?
8.2.1 We collect some data directly from you when you register for an account with the elbec website or make an order through the Guest checkout (Account Data).
If you have bought something from elbec we will have your
8.2.1.1 your full name
8.2.1.2 your title (if you choose to provide it)
8.2.1.3 your email address
8.2.1.4 the password you set up to access your account
8.2.1.5 your telephone number
8.2.1.6 your billing postcode and address
8.2.1.7 your delivery postcode and address.
If you choose to deliver items to a third-party (such as a friend) we will have their name and address. Your personal data will be used to provide the information, goods and services offered through our website to you, for billing and order fulfilment. We may also collect information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ('User Information'). We may collect this information even if you do not register with us.
We also maintain an order history of your purchases. This allows us to track your deliveries and review your past purchases. We may offer you a gift for purchases or make an offer we think you might like based on your order history.
We also monitor customer traffic patterns and site usage that enables us to improve the service we provide.
If you are concerned about your data, you have the right to request access to the personal data which we may hold or process about you. You have the right to require us to correct any inaccuracies in your data free of charge.
This data includes the following:
8.2.2 We also collect information that you voluntarily provide to us when you contact us with queries, complaints, comments or praise, or information that you voluntarily post about yourself on public areas of our platform (Voluntary Data).
8.2.3 We collect information about how you use the elbec website cookies and similar technology. This includes your viewing history, IP addresses, device identifiers and information about how long you have stayed on certain pages or what pages you have clicked on (Behavioural Data). You can find more detailed information about this in our cookies policy. We also log and use information about any service errors or interruptions that you have experienced in order to help us create fixes and to make technical improvements to the elbec website. We also collect some data about you from third parties (Third Party Data). This includes:
8.2.3.1 other companies who have obtained your permission to share data with us, such as the elbec website payment gateway providers, postcode address finders and finance credit providers.
This may include data such as:
8.2.3.2 your full name
8.2.3.3 your title (if you choose to provide it)
8.2.3.4 your email address
8.2.3.5 your telephone number
8.2.3.6 your billing postcode and address
8.2.3.7 your delivery postcode and address.
8.2.3.8 your payment card details but nor including your card number (excludes postcode finders)
8.2.3.9 your payment authorisation code (excludes postcode finders)
8.2.3.10 your payment method (excludes postcode finders)
8.2.4 We collect information from online marketing and search engine companies such as Google and Bing when you use the elbec website.
8.2.5 We collect information about you when you participate in competitions, such as your contact information (Competition Data). This data is only used for the purposes of the relevant competition and will be subject to the terms and conditions of that competition, which will be notified to you when you enter the competition. Please see our terms and conditions for our competition conditions.
8.2.6 We also collect anonymised publicly available information from social networking sites such as Facebook and Twitter, for example likes, shares, tweets and posts about elbec. This information is used for internal analysis purposes.
8.3 What do we use your data for?
It is important that you understand how and why we use the personal data that we collect about you. This section sets out the different purposes for which we process personal data and which types of personal data we need for each purpose.
8.3.1 We use your Account Data to set up, manage and administer your orders with us, which will include passing information to third parties essential to fulfilling your order such as manufacturers and distributors.
This may include data such as:
8.3.1.1 your full name
8.3.1.2 your title (if you choose to provide it)
8.3.1.3 your email address
8.3.1.4 your telephone number
8.3.1.5 your billing postcode and address
8.3.1.6 your delivery postcode and address.
8.3.2 We use your Account Data to contact you occasionally with newsletters which may include details of new products and services; our latest offers and impending offers; activities and events happening on our showsite and at Brookfields garden centre.
8.3.3 We use your Voluntary Data to enable us to respond to queries, complaints or comments that you have and to make sure that these are appropriately dealt with, for example when you contact customer services or sales. If Voluntary Data you provide includes any special categories of personal data (such as information about your health, race or religion), you must make sure before you provide this that you are happy for us to use that Voluntary Data for the purposes set out in this Privacy Policy. We will never request special categories of personal data, such as information about your health, race or religion.
8.3.4 Competitions and surveys
8.3.4.1 We use Competition Data for the purposes of allowing you to participate in competitions and to carry out any activities required in relation to those competitions, for example contacting you to let you know you have won a prize and using your address to send your prize to you.
8.3.4.2 We use Survey Data for the purposes of analysing insights and information to enable us to improve our services.
8.3.5 Improving our services
We use Account Data, Behavioural Data, Voluntary Data and Survey Data to help us monitor, analyse and improve the elbec website and services. We use this data to help us understand which products and services are of most interest for our customers and to help us identify errors and test features. This helps us to make sure that we are providing you with the best possible products and services.
8.3.6 Marketing and advertising
We use Account Data, Behavioural Data, Survey Data and Third Party Data for marketing and advertising purposes.
8.3.7 Profiling
We may use and combine all the data that we hold about you in order to build up a picture of you and the types of products and services which might be of interest to you.
8.3.8 Search engines e.g. Google, Bing
We use a number of search engines to help advertise our products and services.
We use the data from these search engines to:
(a) enable us to assess our performance and to improve our products and services including advertising;
(b) inform our marketing and promotional activities;
Our search engine data is shared with our trusted third party advertising, marketing consultants and web developers who will use this data to assess and improve our performance.
8.4. Archiving
elbec limited captures a copy of the elbec website regularly to archive data that may be of historical or statistical value and to use this data in the future for internal purposes or to allow trusted third parties such as our advertising consultants and web developers access to this data for research and development purposes. Occasionally this may include copies of Voluntary Data that you have provided on public areas of the platform. We will only ever capture personal data that has already been made publicly available in this way and for these purposes. Where possible, when the sites are archived we anonymise or remove personal data.
8.4.1 We periodically review the data that we keep in our archive and we will delete or anonymise your data held in the archive where we consider it is no longer of value or interest.
8.4.2 How we use anonymised data
We use aggregated and anonymised data for certain purposes, to help us understand what type of products, consumers like and to share with trusted third parties. When used for these purposes, this data does not enable you or any other individual user to be identified.
8.5 How do we use your data for marketing and advertising purposes?
This section sets out the various different types of marketing and advertising that we carry out and how your data is used for each type of activity.
8.5.1 Email marketing
8.5.1.1 We will use your email address to send you email marketing including our newsletter, information about new products and services, events and competitions where you have signed up to receive this from us.
8.5.1.2 You can opt out of receiving marketing emails at any time by either following the instructions to unsubscribe in any of our email marketing communications. It may take up to 48 hours for your change in preference to take effect and the change will not affect any marketing emails which have already been scheduled to be sent in the future.
8.5.1.3 If you opt out of email marketing, we will still need to send you service communications by email from time to time, such as information about changes to our products.
8.5.2 Targeted advertisements
If we build a Profile about you (as set out under the section called Profiling) above, we will use this Profile to predict what products and services you will be interested in and to target advertisements for these types of products and services to you. These will only be our own products and services.
8.5.3 Promoting our services on other platforms
8.5.3.1 We also promote our own content and features via third party platforms, such as social media sites.
8.5.3.2 Our content might appear on third party sites based solely on your behaviours on these sites (for example, after liking our brand or its content on Facebook), or the behaviours of those within your networks for example, a friend within your Facebook network likes our brand or its content on Facebook, so it appears in your News Feed. These branded messages are controlled by the third party site, but you may be able to update your preferences to stop these messages appearing in future for example, you can customise your News Feed in Facebook via ‘News Feed Preferences’.
8.6 What is our legal basis for using your data?
8.6.1 Data protection law says that we have to tell you the legal basis that we rely on to process your personal data for the purposes that we have notified to you. This section tells you what that legal basis is in relation to each of the purposes set out above.
8.6.2 With the exception of email marketing, we process your personal data for all of the purposes identified under What do we use your data for? and How do we use your data for marketing and advertising purposes? above on the basis that it is in our legitimate interests, or the legitimate interests of third parties with whom we share your data, to carry out these activities. Further information about what those interests are is set out below.
Purpose: The elbec website and showsite
Legitimate interests: To ensure that our users enjoy the best experience possible, to help us deliver our remit as a retailer of garden buildings and structures leading to increased traffic and therefore increased investment to continually improve our users and customers experience.
Purpose: Improving our services
Legitimate interests: To make sure that we continue to improve our service and provide consumers with the best product and service available.
Purpose: Advertising
Legitimate interests: To provide advertising that is relevant to you to ensure that you have the best experience possible of using the elbec website and showsite.
8.6.3 You have the right to object to us processing your personal data for the purposes set out above. Unless we can show that we have a compelling legitimate reason to continue processing your personal data, we will stop processing it.
8.6.4 All incoming and outgoing telephone calls are recorded for training and monitoring purposes.
6.4 In respect of the use of your email address for email marketing purposes, we process this on the basis that we have your consent to do so. You can withdraw your consent at any time by following the instructions to "unsubscribe" in any email marketing communications.
8.7 Freedom of information
8.7.1 We are required under the Freedom of Information Act 2000 to provide certain information in response to Freedom of Information requests. You can make a request by emailing customercare@elbec.co.uk or by using our website form. in order to respond to requests, we will need to collect your name, address, email address, phone number and information about your request, including any additional personal data you choose to share with us when you make your request. We will use this personal data to respond to your request and will retain it for administrative purposes in line with the section headed How long do we keep your data for? below.
8.8 Who do we share your data with?
8.8.1 We will not sell your data onto third parties.
8.8.2 We do need to share your personal data with some third parties in some circumstances. This includes where we use third party suppliers to perform various services for us. The third party suppliers we share your personal data with are as follows:
8.8.2.1 third party service providers e.g manufacturers and distributors who help us to manage and deliver our products and services
8.2.2 third party service providers who help us to manage the elbec website
8.8.2.3 third party service providers who help with our advertising campaigns.
8.8.2.4 other service providers such as information security service providers who help us to manage our IT systems and ensure that they are secure; and
8.2.5 third party marketing and advertising agencies to ensure our marketing and advertising is delivered effectively in accordance with this Privacy Policy.
8.8.3 We will also share your personal data with third parties in the following circumstances:
8.8.3.1 where you have specifically consented to us sharing your data with a particular third party; and
8.3.2 where we are required or permitted to do so by law or to protect or enforce our rights or the rights of any third party.
8.8.4 We do not transfer or store your personal data outside the European Economic Area (EEA). If we do carry out any further transfers of your data outside the EEA, we will inform you and we will ensure that the recipient provides an adequate level of protection of your personal data.
8.8.5 You should also be aware that if you choose to share the elbec website content on social media via the Facebook and Twitter share buttons on the elbec website, the relevant social media platform will know what page you are on in order to share that page. The use of that information will be governed by the social media platform's own privacy policy and clicking the "share" buttons does not result in any other personal data being shared between the elbec website and the platform.
8.8.6 (updated 06.02.2021) We have partnered with “Trustpilot” an open, online review platform for them to collect reviews on our behalf. We pay “Trustpilot” for the service which allows us to have access to more services than the free plan including but not limited to automated invites and the ability to learn from detailed analysis. We forward your order number, name and email address to them so that an invite may be sent to you. If you want to opt out of receiving review invitation emails from “Trustpilot”, you may click unsubscribe when you receive an invite which will unsubscribe from all merchants using “Trustpilots” invitation service.
8.9 How long do we keep your data for?
8.9.1 We will keep all your personal data for as long as your elbec website account remains open. You can close your account at any time using the "Close account" section of your Account Settings. If you do this, we will anonymise all your Account Data as soon as we can after you have closed your account. All other information about you, such as Behavioural Data, will also be fully anonymised.
8.9.2 We may need to keep your data after account closure for limited purposes, for example if we need your data in order to respond to any complaints or claims that you make. If this is the case, we will only keep the data for as long as we need to in order to fulfil those purposes.
8.10 What rights do you have?
8.10.1 (updated 07.09.18) You have a number of rights under data protection law. These rights and how you can exercise them are set out in this section. We will normally need to ask you for proof of your identity before we can respond to a request to exercise any of the rights in this section and we may need to ask you for more information, for example to help us to locate the personal data that your request relates to. An administration fee of £10 will be charged before we respond to a request to exercise any of your rights under data protection law.
8.10.2 Upon payment of the administration fee, we will respond to any requests to exercise your rights as soon as we can and in any event within one month of receiving your request and any necessary proof of identity or further information. If your request is particularly difficult or complex, or if you have made a large volume of requests, we may take up to three months to respond. If this is the case we will let you know as soon as we can and explain why we need to take longer to respond.
8.10.3 A right to access your information
8.10.3.1 You can access all of your Account Data through the "Personal details" section of your Account Settings.
8.10.3.2 You also have a right to ask us to send you a copy of your Account Data and all other personal data that we hold about you (subject to some exceptions). A request to exercise this right is called a "subject access request" and must be made in writing to: dataprotection@elbec.co.uk or to: Data Protection Officer, c/o elbec limited at Brookfields Garden centre, Mapperley Plains, Nottingham NG3 5RW.
8.10.4 A right to object to us processing your information
8.10.4.1 You have a right to object to us processing any personal data that we process where we are relying on legitimate interests as the legal basis of our processing. This includes all of your personal data that we process for all of the purposes set out in this Privacy Policy, with the exception of our use of your email address to send you marketing communications with your consent (but you can withdraw your consent to this at any time).
8.10.4.2 If we have compelling legitimate grounds to carry on processing your personal data, we will be able to continue to do so. Otherwise, we will cease processing your personal data.
8.10.4.3 You can exercise this right by emailing dataprotection@elbec.co.uk
8.10.4.4 Remember that you can always delete your account at any time through the "Close account" section of your Account Settings.
8.10.5 A right to ask us not to market to you
8.10.5.1 You can ask us not to send you direct marketing or advertising. You can do this by opting out of the advertising you no longer want to receive in the "My communications" and "Privacy settings" sections of your Account Settings. In relation to email marketing, you can also opt out by using the "unsubscribe" option in any of our email marketing communications.
8.10.5.2 Please note that it can take a short time for opt-out requests to take effect. The time taken to opt out of each type of marketing and advertising is detailed at How do we use your data for marketing and advertising purposes? above.
8.10.5.3 More information about opting out of marketing and advertising is provided at How do we use your data for marketing and advertising purposes? above.
8.10.6 A right to have inaccurate data corrected
8.10.6.1 You have a right to ask us to correct inaccurate data that we hold about you. If we are satisfied that the new data you have provided is accurate, we will correct your personal data as soon as possible.
8.10.6.2 You can update your own personal data at any time through your Account Settings, or emailing customercare@elbec.co.uk.
8.10.7 A right to have your data erased
8.10.7.1 You have a right to ask us to delete your personal data in certain circumstances, for example if we have processed your data unlawfully or if we no longer need the data for the purposes set out in this Privacy Policy.
8.10.7.2 We will fully anonymise any personal data we hold about you when you close your account, as set out under How long do we keep your data for? above. This means that it will no longer identify you and ceases to be “personal data”.
8.10.7.3 If you ask us to delete your personal data and you are happy for your account to be closed, we will close your account and fully anonymise your personal data as set out above. If you ask us to delete your personal data but you do not want your account closed, we may not be able or obliged to comply with this as we will usually need to keep processing your data in a personally identifiable form to keep your account open.
8.10.7.4 If you would like to make a request to exercise this right, please email dataprotection@elbec.co.uk. If we are required by law to comply with your request, we will fully anonymise your data it so that it is no longer personal data and cannot be used to identify you.
8.10.7.5 A right to have processing of your data restricted
8.10.7.6 You can ask us to restrict processing of your personal data in some circumstances, for example if you think the personal data is inaccurate and we need to verify its accuracy, or if we no longer need the data but you require us to keep it so that you can exercise your own legal rights.
8.10.7.7 Restricting your personal data means that we only store your personal data and don't carry out any further processing on it unless you consent or we need to process the data to exercise a legal claim or to protect a third party or the public.
8.11 How can you contact us?
11.1 If you have any questions or concerns about this Privacy Policy and/or our processing of your personal data, you can get in touch with our Data Protection Officer using: dataprotection@elbec.co.uk
8.12 What if you have a complaint?
8.12.1 You have a right to complain to the Information Commissioner's Officer (ICO), which regulates data protection compliance in the UK, if you are unhappy with how we have processed your personal data.
8.12.2 You can find out how to do this by visiting www.ico.org.uk.
8.13 What if this policy changes?
8.13.1 We may make changes to this Privacy Policy from time to time. Any changes we make will be posted on this page. We may also notify you by email if significant changes are made.
8.14 Privacy Policy pre 25 May 2018
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 0115 between 9am and 5pm (Monday to Friday excluding bank holidays).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-arra