Terms and Conditions for Horizontal Sundials
Please ensure that you read the terms and conditions of sale carefully prior to purchasing from Border Sundials. Any purchase made or registration of personal details is deemed acceptance of these terms.
TERMS OF SALE
All prices are quoted in Pounds Sterling. Prices include standard delivery costs, call us directly if you would like to arrange express delivery, express delivery will be charged separately. We will not be liable for any export or import duties or taxes.
We will take all reasonable care, in so far as it is within our power to do so, to keep the details of your order secure. However, if we are not negligent, we cannot be held liable for any loss you may suffer if a third party gains unauthorised access to the data you provide when accessing our site. On rare occasions, order confirmation emails are misdirected as spam by incoming mail servers. Therefore, if you do not receive an order confirmation email within 24hrs, please check your junk folder. We are of course happy to resend confirmation via a non-automated email. Please contact our customer service team on +44 1873 840 297.
PRODUCT INFORMATION
All products are subject to availability and we reserve the right to withdraw products at any time and/or remove or edit content on this website. Despite our very best efforts to ensure product information is current and correct, we cannot guarantee the absence of errors. If there is a clear error or omission in the product description, we will notify you prior to dispatch of your order and refund you in full if you wish to cancel your order once the information has been corrected and applied to your order.
Product imagery is offered as good representation of the product but, for reasons beyond our control, we cannot be responsible for the colour accurateness of products viewed online or on printed media. Made to order/fully personalised products may differ slightly from product imagery but are a result of the handmade nature of these products. Please note that due to the bespoke nature of made to order products, we are unable to offer refunds on these items unless they are found to be faulty. In this rare circumstance, you will be offered a full refund or the chance to receive a replacement.
STOCK SHORTAGES
If stock is unavailable and your order cannot be fulfilled, we will notify you with the option to claim a full refund or agree to wait until the product becomes available.
DELIVERY
Orders of Brass sundials, under normal circumstances and circumstances within our control, will be dispatched within 5 working days of receipt of order.
Orders of Bronze Verdigris sundials, under normal circumstances and circumstances within our control, will be dispatched within 10 working days or receipt of order. You will be advised of any delay or if the item is not available. Please note that we are mostly able to track the orders with our courier, but can not be held responsible for their service.
RETURNS
Due to the personalised nature of all orders, items may only be returned if they are found to be faulty or damaged in transit. If for any reason you are unhappy with your purchase, please let us know. We ask that you contact us within 7 working days of receipt on +44 1873 840 297 or by email office@bordersundials.co.uk All items should be returned within 14 working days. Where possible, we would ask that you return the item in the original packaging. Border Sundials will pay for these returned items. Return items to BORDER SUNDIALS, CHAPEL FARM, CLYTHA, ABERGAVENNY, MONMOUTHSHIRE, NP7 9BW unless otherwise advised. Please contact us to arrange return delivery method.
WARRANTY
Border Sundials offers a Lifetime Warranty (“Lifetime” is defined as 25 years) on the Work with the following exceptions in respect of a Work: failure of a Work resulting from negligence, vandalism, inappropriate or unreasonable use, incorrect installation.
Where appropriate, a maintenance schedule will be supplied. Where one is supplied, any damage to or degradation of the Work which in Border Sundials reasonable opinion results from untimely or poor maintenance of the Work shall not be covered by the warranty.
Border Sundials will not be liable for:
◦ a) any minor variations in colour between the Work and any samples or illustrations; or
◦ b) natural ageing processes that affect the look and colour of bronze and brass both of which will darken with age.
SECURITY & PRIVACY
We respect your privacy and will treat all your personal information as confidential. We promise not to sell, disclose or distribute information about you as an individual other than for the sole interest of administering your order and ensuring that we provide the very best service to you. All information is stored on a secure server and we respect the terms of the UK Data Protection Act 1998. We do not store credit card details nor do we share customer details with any 3rd parties.
COPYRIGHT
This website and its content are copyright of Border Sundials. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: (i) you may print or download to a local hard disk extracts for your personal and non-commercial use only; (ii) you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
DISCLAIMER
The information contained in this website is for general information purposes only. The information is provided by Border Sundials and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Border Sundials. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Border Sundials takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
We reserve the right to amend these terms and conditions at any time. This does not affect your statutory right.
Vertical Sundial and Armillary Sphere
1. Definitions
In these Conditions the following definitions apply:
‘Contract’ means the agreement between Border Sundials and the Customer for the sale and purchase of the Works, incorporating these Standard Terms and Conditions, the Order Confirmation Letter and Engraving Previews;
‘Customer’ means the customer identified in the Order Confirmation;
‘Deposit’ means 50% of the list price of the ordered Work;
‘Order’ means the order for a Work issued by the Customer, including as appropriate the completed Order Confirmation Letter and Engraving Preview; and
‘Work’ means the works to be purchased by the Customer as identified in the Order Confirmation Letter and Engraving Preview.
2. Quotations and Orders
• 2.1 Quotations issued by Border Sundials are valid for 30 days from the date of issue.
• 2.2 For mainland UK, prices quoted include curbside pallet delivery, personal delivery, installation and alignment will be an additional charge.
• 2.3 Lead times for Works are typically 6-8 weeks. Border Sundials will provide the Customer with an anticipated date for delivery once the Order has been placed, the Deposit paid and the Order Confirmation Letter and Engraving Preview have been agreed by email.
• 2.4 On placement of an Order, the Customer shall pay to Border Sundials the Deposit for the ordered Work. The Customer shall provide the information specified in Condition 4 below at the time the Order is placed.
• 2.5 Should any change be required to the Engraving Preview after the Customer has been notified that production of the Work has commenced (but before completion of the production of the Work), Border Sundials will be entitled to make a reasonable charge for changes to the Work, which will be subject to a minimum of £500 plus VAT.
• 2.6 If the Customer gives written notice of withdrawal of an Order before confirming the Order Confirmation Letter and Engraving Previews, Border Sundials will refund the Deposit less reasonable administrative and preparatory costs and expenses incurred in processing the Order to the date of notice of withdrawal. The Deposit becomes non-refundable once the Customer has confirmed the Order Confirmation Letter and Engraving Previews.
• 2.7 In the event of a shipment of the Work being received by the Customer in a damaged condition, the delivery agent’s paperwork must be signed and marked to record that the shipment was damaged. Under no circumstances should the delivery crate be discarded. Photographs of the damaged sundial and or plinth and crate should be sent to Border Sundials as soon as reasonably practicable after delivery and where possible within 24 hours.
3. Border Sundials responsibilities
• 3.1 Border Sundials shall use all reasonable endeavours to provide the Work and any installation services within 8 weeks of receipt of the completed Order Confirmation Letter and Engraving Preview.
• 3.2 Any electrical connection on site must be arranged by the Customer and must be undertaken by a NIC EIC qualified electrician who will need to provide the Customer with an electrical installation certificate. Failure to obtain an electrical installation certificate will invalidate the Lifetime Warranty defined at Condition 5.1.
• 3.3 Border Sundials shall not be liable for:
◦ a) any damage to a work that, in its reasonable opinion, has been used other than in accordance with the instructions issued by Border Sundials, or otherwise abused in any way;
◦ b) any damage, injury or loss caused by any personnel other than those provided by Border Sundials
• 3.4 Nothing in this Contract limits the liability of Border Sundials for death or personal injury caused by the negligence of Border Sundials or is employees; fraud or fraudulent misrepresentation; or any other losses which cannot be excluded or limited by applicable law.
• 3.5 Where a Work is to be delivered outside mainland UK, Border Sundials will provide installation instructions.
• 3.6 Border Sundials shall not be liable for any delay caused by any act or omission of the Customer.
• 3.7 In the event that any act or omission of the Customer prevents the commencement of production or completion of the Work for a period of 6 months or more from the Order being placed, Border Sundials may, without prejudice to any other rights it enjoys in law or under this Contract and on written notice to the Customer, amend the full price of the Work to reflect changes to the cost of manufacture of the Work (including without limitation changes to the cost of raw materials and exchange rates).
• 3.8 In the event that any act or omission of the Customer prevents the commencement of production or completion of the Work for a period of 12 months or more from the Order being placed, Border Sundials may, without prejudice to any other rights it enjoys in law or under this Contract and on written notice to the Customer, terminate this Contract and retain any monies paid by the Customer up to the point of termination.
4. Customer responsibilities
• 4.1 The Customer shall provide such information relating to the Order and as required in the Order Confirmation Letter and Engraving Preview, and as reasonably requested by Border Sundials from time to time.
• 4.2 The Customer shall prepare the site for installation of the Work in accordance with Border Sundials’ specifications. Should the site not be prepared as specified and as a result, Border Sundials is required to perform additional work, or the installation is delayed, then Border Sundials will be entitled to charge for any additional labour, mileage and materials at the standard applicable rates. Border Sundials will not be responsible for any work conducted by a third party in preparing the site for installation.
• 4.3 In the event that the site has not been prepared in accordance with Border Sundials’ specification, and in Border Sundials’ reasonable opinion is unsuitable for installation of the Work as a result, Border Sundials may charge for the reasonable costs and expenses incurred in relation to the abortive site visit, including any associated subsistence, travel and hotel costs.
• 4.4 For certain types of Work, the Customer will be required to arrange for additional personnel to assist with the installation. Details of such requirements will be set out in the Order Confirmation Letter.
• 4.5 Border Sundials must be made aware prior to the Deposit being paid of any work that is to be installed in a public place so that extra precautions can be taken to ensure the commission is designed and created to ensure that it is appropriate for the site.
• 4.6 If water features are required to run continuously this must be advised at the time the Order is placed and details will be confirmed on the Order Confirmation Letter.
• 4.7 The Customer shall, unless otherwise agreed in advance with Border Sundials in writing, take delivery of the Work within three months of being notified that it is ready for installation or despatch, as applicable. In the event the Customer fails to take delivery within such 3 month period (or such alternative period as has been agreed in advance with Border Sundials), unless such delay is caused by Border Sundials, the Customer shall pay the Final Payment to Border Sundials upon receiving notice that it is due as a result of the delay, and Border Sundials shall reserve the right to charge for storage of the Work at the standard rate of £100 per week plus VAT.
• 4.8 In the event that Border Sundials is unable to deliver the Work for 18 months after Border Sundials has given notice that the Work is ready for installation or despatch, as applicable, Border Sundials shall be entitled, on giving the Customer at least one month’s written notice and without prejudice to its other rights in law or under this Contract, to resell or otherwise dispose of the Work.
• 4.9 The Customer agrees that the Work will be used in the form in which it is received and, in particular, without addition, adulteration, alteration or contamination of any kind whatsoever. The Customer further agrees not to alter the decoration or visible design of the Work in any way or to remove, obliterate or otherwise deface the Border Sundials marks appearing thereon.
5. Warranty
• 5.1 Border Sundials offers a Lifetime Warranty (“Lifetime” is defined as 25 years) on the Work with the following exceptions in respect of a Work:
◦ a) Gold leaf has a 5 year warranty;
◦ b) Powder coated or painted finishes have a 5-year guarantee;
◦ c) Pumps and filters have a 2-year warranty;
• 5.2 Any maintenance, repairs or change of parts falling outside the relevant warranty will be charged at the standard labour rate as set out in the Order Confirmation. Mileage and materials relating to such services will also be charged where appropriate.
• 5.3 Where appropriate, a maintenance schedule will be supplied. Where one is supplied, any damage to or degradation of the Work which in Border Sundials’ reasonable opinion results from untimely or poor maintenance of the Work shall not be covered by the warranty.
• 5.4 Border Sundials manufactures all Works for appropriate use and will not accept responsibility for any failure of a Work resulting from negligence, vandalism, inappropriate or unreasonable use, incorrect installation or the Work being moved other than by Border Sundials employees or appointed representatives.
• 5.5 Border Sundials will not be liable for:
◦ a) any minor variations in colour between the Work and any samples or illustrations; or
◦ b) natural ageing processes that affect the look and colour of unpainted or non-powder coated metal, including but not limited to natural patinas for bronze or brass.
• 5.6 All of the terms in this Condition 5, and in this Contract as a whole, are without prejudice to the rights the Consumer Rights Act 2015 of any Customer who is a consumer according to the provisions of that Act.
6. Payment terms
• 6.1 Prices quoted are inclusive of VAT
• 6.2 A payment of 50% of the full price (the ‘Deposit’) is due when the Order Confirmation and Engraving Preview have been agreed by email. The remaining 50% of the full price (the ‘Final Payment’) is due before dispatch or on delivery of the Work.
• 6.3 For deliveries outside mainland UK, the Deposit must be paid before work commences and Final Payment must be paid in full prior to the Work being shipped. The Customer shall be responsible for payment of all costs relating to the, shipping and insurance of the Work. The Customer shall further be responsible for the payment of all importation duties, taxes or other levies relating to the importation of the Work.
• 6.4 Any bank charges for international payments must be borne by the Customer.
• 6.5 In the event that a Customer fails to make any payment by the applicable Due Date, Border Sundials may, without limiting its other rights, charge interest on such sums at 3% a year above the base rate of the Bank of England from time to time in force, and interest shall accrue on a daily basis and will apply from the due date for payment until actual payment in full, whether before or after judgment.
• 6.6 Payment of all sums due to Border Sundials should be made by Bank transfer using the details provided on the Order Confirmation. In exceptional circumstances payment by credit card or debit card may be accepted on request.
• 6.7 All Works supplied remain the property of Border Sundials until payment has been received in full.
• 6.8 Risk in the Works shall pass to the Customer on shipping (for deliveries outside mainland UK), delivery (for mainland UK) or where Border Sundials is installing the Work, on installation.
7. Intellectual property
• 7.1 Nothing in this Contract operates as a transfer of any intellectual property rights (including without limitation design rights) in the Works or any other intellectual property rights of Border Sundials, all of which shall continue to be owned by Border Sundials. The Customer is not entitled to reproduce the Work or otherwise commercialise the intellectual property rights in the Work without the prior written consent of Border Sundials.
• 7.2 Border Sundials shall have the right to use any images of the Work on its website and on in social media, unless the Customer has advised otherwise in writing.
8. General
• 8.1 This Contract shall be governed by and construed in accordance with the law of England and Wales, and each of the parties irrevocably submits for all purposes in connection with this Contract to the exclusive jurisdiction of the courts of England and Wales.
• 8.2 No amendment or variation of this Contract shall be effective unless in writing and signed by a duly authorised representative of each of the Parties.
• 8.3 The failure of a party to exercise or enforce any right under this Contract shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time or times thereafter.
• 8.4 If any provision of part-provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Condition shall not affect the validity and enforceability of the rest of this Contract.
