Kens Yard Terms of Purchase
We are Kens Yard: A division of Orchard Timber Products Ltd. a private company registered at Orchardbank Business Park, Newford Park, Forfar, DD8 1TD, SC 261671. When you (the person named on the order) place an order with us we do business together under the following terms:
The price payable for the goods you order is set out on our web site at the time you place your order, plus any charges for delivery. Occasionally an error may occur with our web site and goods may be incorrectly priced, in which circumstances we will not be obliged to supply the goods at the incorrect price. We must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed.
The prices we quote always include VAT at the applicable rate.
All of our goods and services are offered to you on a payment with order basis. Payment is accepted by most credit cards, debit cards or by BACs. We will only accept your order if it is accompanied by payment in full.
4. Equivalent Products Supplied
Ken’s Yard has a good relationship with a large cross-section of UK manufacturers in order to give ourselves the best chance of sourcing your goods in the shortest possible timeframe. Doors products are a good example of this. There are a number of high quality UK manufacturers of Doors and Ken’s Yard has a good relationship with them. Where we are unable to source your door from one manufacturer, we can usually source it from one of the other manufacturers we work with. This sometimes means the ‘name’ of your door might be different from the name provided on the website. The door styling and construction is very similar, manufacturers just choose to give different names to their products. The same is also true in other product lines. If we cannot source your goods from one manufacturer, we’ll aim to supply you with an equivalent product from an alternative manufacturer where possible.
5. Product Variation
We provide as much information as possible on our website in relation to the products we sell. This includes product images, videos in some cases, a description of the goods and any technical specifications or manufacturer’s guarantees. However, due to the nature of the products we sell, we cannot guarantee that the goods you receive will be identical to the images provided on the website. Products manufactured from natural materials like wood, such as doors and flooring, are a good example of this where natural colour variations and tones will mean not every door is identical to one another or to the image shown on the website. Under the Consumer Contracts Regulation 2013 (see chapter 10) you have the right to cancel an order within 14 days of receiving the goods if you are not happy with them.
We will deliver your order to any UK address though lead times and prices will vary depending on both the product and the postcode. Our standard delivery uses a national carrier and in most cases you will receive your goods within 3-5 working days to all mainland UK postcodes (excluding the Scottish Highlands). For delivery to other postcodes please contact us and we can provide you with a more accurate delivery price and lead time.
When your delivery arrives, please check it for shortages and damages and let us know of any shortages or damages within 48 hours.
We do not offer international delivery as standard but may still be able to deliver abroad. Please contact us to enquire if this is a possibility with your order and to clarify prices and lead times.
If you need your goods urgently, please let us know and we may be able to quote you for a premium delivery option. Availability of this depends on where you are and in some cases the time of day. This will be confirmed with you at the time you place your order.
The delivery vehicle must be able to park at the delivery address without committing a parking offence. If you know of any parking restrictions or problems, they must be made known to Ken’s Yard at the time of ordering.
Please also note that our deliveries are ‘kerbside only’. This means the delivery driver can offload your goods to the kerbside but has no insurance to be able to assist with the transport of goods away from the kerbside into your property or storage location. Therefore, you must ensure you have the appropriate personnel with you at the time of delivery to assist you in moving the goods to your desired location.
Our standard delivery terms state that we can inform you of the date of delivery and our carriers typically deliver between the hours of 8am and 6pm. We cannot provide a specific time slot for your delivery under the standard delivery option but time slots may be available for an additional charge. Please do not book your installer / joiner on the day of delivery as we cannot guarantee the goods will arrive before 6pm in the evening, in which case you would have paid for a tradesperson to wait around all day. Instead, we recommend that you do not book your installer until after you have received the goods. This also allows you to check the goods thoroughly and ensure you are happy with them before committing to keeping them and having them installed.
If a delivery is attempted on an agreed delivery date and the driver is unable to gain vehicular access or the buyer (or their representative) is not present to receive the goods, the buyer will be liable for any redelivery costs incurred.
Please Note: We may be unable to ship some larger items to remote parts of the UK due to courier restrictions. We reserve the right to cancel any order for any Great Britain large item shipment.
7. Receiving Orders
It is essential that some one is present at the delivery address on the date of delivery to sign for the goods. Your signature represents a legal statement from you, the customer, that the goods have been received in good condition so it is essential that you inspect the goods thoroughly before signing for them. We will be unable to accept claims for damage if the goods have been signed for. See the Damages section (Chapter 11 for further details).
We aim to promote and stock products that are continuously available. However on occasions unexpectedly high demand may mean that unfortunately we, or our suppliers, run out of stock. If this happens we may delay dispatch of your order while new stock is obtained. In this instance, we will inform you of any delay and offer you the right to cancel your order for a full refund. If you have opted to accept a part order or specified a premium delivery option, or we are expecting a longer delay we will use the information you have provided with your order to keep you informed of progress. You may contact us at any time to check on the progress of your order.
Under the Consumer Contracts Regulation 2013, you have the right to cancel your order for a full refund prior to the goods being dispatched. We recommend you contact us within 24 hours if you need to cancel your order for any reason. If the goods have been dispatched, you will still be able to cancel the order under the conditions outlined in Chapter 10 below.
Manufactured or assembled to order items:Speciality items that are manufactured to order can still be cancelled so long as written notification is provided within 48 hours of the order date. To cancel your order, please notify us first by telephone and then in writing, by e-mail. We must have written notification no later than 48 hours after the time of purchase. Once the order has been processed and production initiated any cancellation agreement will be subject to financial penalties levied at reducing any financial losses by Ken’s Yard.
Where agreement has been reached on a cancellation, Ken’s Yard will refund all monies due by the same payment method within the next 30 days.
10. Returns: 14-Day Returns Policy
Under the Consumer Contracts Regulation 2013, you have the right to cancel and return your goods for any reason, so long as written notification is provided within 14 days of receiving the goods. We recommend you contact us first by telephone and then provide written confirmation of your desire to cancel by email.
It is your responsibility to return the goods with a courier of your choice and to cover the cost of this return. This also ensures you will be insured against any transit damage which occurs in the delivery of the goods back to Kens Yard, and if transit damage does occur, you will be able to make a claim for the value of the goods from the courier you used. You MUST return the goods within 14 days of receiving notification from Kens Yard Ltd to do so otherwise you will void your right to cancel.
In most circumstances, we cannot arrange for the goods to be collected as we will not be insured against transit damage. However, in some cases, we may be able to get the manufacturer to collect the goods from you directly, but you will be required to pay for the cost of that collection. Please Note: If you refuse the goods at the point of delivery, this is equivalent to having them uplifted and will still be subject to the appropriate return costs.
Upon the receipt of the goods back into our warehouse and provided they are undamaged and delivered with the original packaging, we will issue a full refund for your order within a maximum of 14 days. All agreed refunds will be made using the same payment methods as used by the purchaser. Note: If you have paid extra for a special delivery day or time, this additional delivery charge is non-refundable.
In the event that the goods you receive from Kens Yard are damaged, you are entitled to refuse the goods upon delivery or have them collected by us and replaced at no extra cost. However, it is essential that you do not sign for the goods on delivery.
We use a selection of 3rd party haulage companies to deliver our products and they all require that you inspect the goods and sign for them as ‘Received in Good Condition’ at the point of delivery. This signature is legally binding and states that you have received the goods in good condition with no damages present.
We will be unable to accept any damage claims for goods that have been signed for.
So it is extremely important that you check the goods thoroughly before signing for them. If you are unable to inspect the goods, for whatever reason, you must refuse them so that they can be re-delivered at a time when you are able to inspect them before signing. However, you will incur the additional cost of re-delivering the goods.
MANUFACTURER’S DAMAGE / FAULTS
Any manufacturer’s warranties are indicated on our website and if you have a manufacturing fault with your goods, you will in most cases be able to have them replaced so long as the fault occurs within the time period outlined in the manufacturer’s guarantee.
We may require you to take photos of the fault so that we can pass them on to the manufacturer and arrange for a replacement or for an engineer to carry out a repair on the product.
13. Right to Refuse
We reserve the right to refuse or cancel any order as we see fit and provide a full refund.
14. Unforeseen Circumstances
Where things like strikes, wars, acts of terrorism or even more local things like power cuts and fires interfere in our business with you, we will do our best to keep things going. We shall have no liability to you for any failure which is due to such unforeseen circumstances or any other situation outside our control.
15. Amended Terms
We may revise these terms and conditions on occasion. Such revised terms and conditions shall apply to the use of our website from the date of the publication of the revised terms and conditions on our website. To ensure you are familiar with the current version please check our Terms & Conditions Page online regularly.
Nothing in these Terms of Business is intended to affect your statutory rights or to limit our liability for death, personal injury or fraudulent misrepresentation resulting from our negligence. If there is a problem you may receive a refund or replacement under the terms of our Guarantee. Our liability to you will always be limited to a full refund of the goods purchased. We will not compensate for delivery delays or failures unless you have requested a premium delivery option. In these circumstances our liability to you will be limited to a refund of the delivery charges you have paid. Our liability to you specifically excludes compensation for indirect or consequential loss or damage however it arises and except as described above will always be limited to a refund of your payment.
These terms of business will be interpreted and adjudicated under Scottish law.