Terms & Conditions
- Definitions and Interpretations
1.1 In these Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:
Customer: the person who makes an offer to buy the Goods from Five Star Polytunnels subject to these Conditions and whose offer for the Goods is accepted by Five Star Polytunnels and such acceptance is acknowledged to the Customer (the Order Confirmation)
Quotation: document sent to the customer stating Five Star Polytunnels offer of goods and services
Contract: the contract for the purchase and sale of the Goods;
Export Goods: Goods which are ordered for delivery outside the UK, which must be separately negotiated and agreed between the parties;
Goods: the goods ordered by the Customer from Five Star Polytunnels;
Order: the order placed by the Customer with Five Star Polytunnels for the Goods either on the order page headed “Checkout”, or by completing the order form, or by telephone, or by order confirmation.
Five Star Polytunnels: Five Star Polytunnels Llawr Y Glyn Glynarthen Llandysul Ceredigion SA44 6PR
Writing: includes e-mail.
2.1 Five Star Polytunnels shall sell and the Customer shall purchase the Goods in accordance with these Conditions and any extra conditions or terms stated on the Five Star Polytunnels website or its catalogue.
2.2 All Contracts made by the Company and any additions or amendments thereto shall be subject to these Conditions which shall supersede and shall be taken to override any terms or conditions proposed or stipulated by the Customer.
2.3 Five Star Polytunnels reserves the right to alter these Conditions from time to time and the alternations will apply to any orders received after that time.
2.4 Five Star Polytunnels employees or agents are not authorised to make any representations concerning the Goods unless confirmed by Five Star Polytunnels in Writing. In entering into the Contract, the Customer acknowledges that it does not rely on any such representations which are not so confirmed.
3.1 No Order submitted by the Customer shall be deemed to be accepted by Five Star Polytunnels unless and until confirmed by the Five Star Polytunnels Order Confirmation.
3.2 The Customer shall be responsible to Five Star Polytunnels for ensuring the accuracy of the terms of the Order, and for specifying in the Order any necessary information relating to the Goods to enable Five Star Polytunnels to perform the Contract.
3.3 The quantity and description of the Goods to be provided by Five Star Polytunnels to the Customer under the Contract shall be those set out in the Five Star Polytunnels Order Confirmation.
3.4 Subject to clause 8, no Order which has been accepted by Five Star Polytunnels may be cancelled by the Customer except with the agreement in Writing of Five Star Polytunnels and on terms that the Customer shall indemnify Five Star Polytunnels in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Five Star Polytunnels as a result of cancellation.
- Price and Payment
4.1 The price of the Goods shall be the price listed on the Five Star Polytunnels website at the date of the Five Star Polytunnels order confirmation or on an official Five Star Polytunnels quotation (the “Price”). Separate prices may apply in relation to Export Goods. Website Prices include VAT but do not include delivery.
4.2 Five Star Polytunnels reserves the right, by giving notice in Writing to the Customer at any time before delivery, to increase the Price of the Goods to reflect any increase in the cost to Five Star Polytunnels which is due to any factor beyond the control of Five Star Polytunnels (such as, without limitation, any foreign exchange fluctuation, currency regulation, alternation of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates or quantities which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give Five Star Polytunnels adequate information or instructions.
4.3 Payment can be made by:
- Payment with order – send your cheque made payable to Five Star Polytunnels with your order by post, or if required, we can send a pro-forma invoice.
- Credit card/Debit card – all major credit/debit cards accepted. Quote your card number and expiry date when writing out your order or ordering by phone. We reserve the right to charge a handling fee of up to 2% when paying by credit card.
- Or payment with credit or debit card via our website or by phone.
Five Star Polytunnels will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
4.4 Website Payment of the Price together with the delivery charges (as specified on the website but updated from time to time) will be debited from the Customer’s account after the Five Star Polytunnels confirmation has been notified to the Customer but before the Goods are delivered.
4.5 Any discount which is offered subject to payment by a specific date may be withdrawn if payment is not made by that date.
4.6 While Five Star Polytunnels tries to ensure that all prices are accurate, errors may occur. If Five Star Polytunnels discovers 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.
4.7 If the Customer’s card issuer fails to make any payment of the Price or any delivery charge on behalf of the Customer then, without prejudice to any other right or remedy available to Five Star Polytunnels, Five Star Polytunnels shall be entitled to cancel the Contract or suspend any further deliveries.
4.8 Any customer who fails to pay for Goods supplied within an agreed period will be liable for all costs incurred by Five Star Polytunnels, including collection costs, legal costs, interest on the items supplied, and agent’s fees.
5.1 If any claim is made against Five Star Polytunnels that the manufacture or sale of the Goods infringes the intellectual property rights of any other person, the Customer shall, except to the extent that the claim is due to the default of Five Star Polytunnels, indemnify Five Star Polytunnels against all damages, costs or expenses incurred by Five Star Polytunnels in or about the defence or settlement of the claim. To the extent that Five Star Polytunnels is at fault it shall similarly indemnify the Customer.
6.1 Delivery charges and estimated timescales are specified on Five Star Polytunnels’ website. Made to measure items may require additional manufacturing processes and a specific delivery period will be quoted in this instance. Five Star Polytunnels makes every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable.
6.2 Any time or date for the despatch or delivery of Goods shall be taken as an estimate made by Five Star Polytunnels in good faith but shall not be of the essence of the Contract. Five Star Polytunnels shall not be liable for any loss caused to the Customer in consequence of failure to deliver by the estimated delivery date/time or such other date/time as may be subsequently agreed.
6.3 Unless the parties otherwise agree to the contrary in Writing, delivery of the Goods shall be made by Five Star Polytunnels delivering the Goods to the Customer at such premises as specified by the Customer in its Order or such other premises that the Customer and Five Star Polytunnels have agreed in Writing.
6.4 Five Star Polytunnels will not deliver Goods to premises outside of the UK. Any request for such delivery must be specifically negotiated and agreed in Writing.
6.5 Reasonable access for heavy goods vehicle must be available for unloading of the goods. If special arrangements have to be made due to inadequate access Five Star Polytunnels must be informed in advance and reserve the right to charge the customer additional carriage costs.
6.6 If the Customer fails to take delivery of the Goods or fails to give Five Star Polytunnels adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of Five Star Polytunnels fault) then, without prejudice to any other right or remedy available to Five Star Polytunnels, Five Star Polytunnels may:
6.6.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
6.6.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the Price under the Contract or charge the Customer for any shortfall below the Price under the Contract.
6.6.3 If the delivery date is changed by the Client less than 7 days before any previously agreed date, Five Star Polytunnels withhold the right to charge a weekly standing fee and cannot guarantee the availability of any requested new delivery date.
6.7 Any consignment found to be damaged on arrival must be signed for as damaged on the carrier’s delivery note or else no claims will be accepted. It is the responsibility of the customer to check all materials against the delivery note at the time of delivery. Any shortages or damaged goods must be reported within 24 hours of delivery. Shortages or replacements for damaged goods will be despatched by our standard delivery method.
6.8 Although we endeavour to deliver a complete order, occasionally we may have Out of stock items. These will be despatched by our standard delivery method as soon as the item becomes available to Five Star Polytunnels, Five Star Polytunnels will not accept any liability if this delays the building of the structure.
- Data Protection
7.1.1 When you register and use this site you will be asked to provide certain information such as your contact details. Five Star Polytunnels will store this data and hold it on computers or otherwise. Five Star Polytunnels will use this data to fulfil its agreement with you.
7.1.2 Five Star Polytunnels may use the information that you provide or that is obtained by us for the following purposes.
220.127.116.11 To register you with the Five Star Polytunnels website and to administer the Five Star Polytunnels website services.
18.104.22.168 For assessment and analysis (e.g. market, customer and product analysis) to enable Five Star Polytunnels to review, develop and improve the services which we offer.
22.214.171.124 For the prevention and detection of fraud.
126.96.36.199 To administer any prize draws or competitions you enter.
7.1.3 We may give information about you, under conditions of confidentiality, to the following, who may use it for the same purposes as set out above:
188.8.131.52 to other companies in our group;
184.108.40.206 to employees and agents of Five Star Polytunnels or our group to administer or improve any accounts, products and services provided to you by Five Star Polytunnels or the group now or in the future;
220.127.116.11 to other organisations for the administration of prize draws or competitions you enter, should you enter any.
7.1.4 We may also disclose your information:
18.104.22.168 to anyone to whom we transfer or may transfer our rights and duties under our agreement with you;
22.214.171.124 if we have a duty to do so or if the law allows us to do so.
7.1.5 In order that we can monitor and improve our website, we may gather certain information about you when you use it, including details of your domain name and IP address, operating system, browser, version and the web site that you visited prior to our site.
7.1.7 Five Star Polytunnels may supplement the information that you provide to us with information that we receive from third parties.
7.1.8 Five Star Polytunnels endeavours to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose on-line. You accept the inherent security risks of providing information and dealing on-line over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.
7.1.9 You have the right to see personal data (as defined in the Data Protection Act) that Five Star Polytunnels keeps about you, upon receipt of a written request and payment of a fee. If you are concerned that any of the information we hold on you is incorrect please contact us.
7.1.10 Please be aware that our site may link to other websites which may be accessed through the Five Star Polytunnels site. We are not responsible for the data policies or procedures or the content of these linked websites.
7.3 Contact Us
8.1 Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when Five Star Polytunnels has tendered delivery of the Goods.
8.2 The ownership of the Goods shall pass to the Customer at the time of the:
8.2.1 Passing of risk in the Goods to the Customer pursuant to sub-clause 8.1 if the goods have been paid for before despatch; or
8.2.2 receipt by Five Star Polytunnels of payment in full of the Price and cost of delivery;
whichever is the later.
8.3 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), Five Star Polytunnels shall be entitled at any time to require the Customer to deliver up the Goods to Five Star Polytunnels and, if the Customer fails to do so forthwith, to force entry upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
8.4 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Five Star Polytunnels, but if the Customer does so all moneys owing by the Customer to Five Star Polytunnels shall (without prejudice to any other right or remedy of Five Star Polytunnels) forthwith become due and payable.
- Insolvency of Customer
9.1 This clause applies if at any time before the ownership of the Goods passes to the Customer pursuant to sub-clause 8.2 one or more of the following events occurs (the “Cancellation Events“):
9.1.1 the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
9.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer;
9.1.3 the Customer ceases, or threatens to cease, to carry on business;
9.1.4 Five Star Polytunnels reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
9.2 If this clause applies then, without prejudice to any other right or remedy available to Five Star Polytunnels, Five Star Polytunnels shall be entitled to cancel the Contract or suspend any deliveries under the Contract without any liability to the Customer save that Five Star Polytunnels shall refund to the Customer all and any payments made to it in respect of the Price prior to the Cancellation Event. If the Goods have been delivered but not paid for at the date of the Cancellation Event the Price due in respect of the delivered Goods shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.
9.3 Presentation of a Delivery note, Consignment note, Invoice or any other evidence of delivery of products, goods or materials, will not be deemed effective to pass title to such products, goods or materials. Title shall only pass to the buyer on payment in full of the purchase price and any other additional costs incurred by Five Star Polytunnels in obtaining payment.
9.4 The buyer specifically agrees and authorises the seller to obtain access or force access to his premises in the event of non-payment of the purchase price to facilitate collection of the said products, goods and materials by the seller or his duly appointed agent.
- Returns / Guarantees
10.1 Five Star Polytunnels offers limited guarantees in relation to the products it manufactures, which vary in length depending on the product in question, and such guarantees are stated below. During the guarantee period, Five Star Polytunnels warrants that the relevant Goods will be free from material defects in quality and workmanship, and that they will correspond to their specification. The guarantees do not affect your statutory rights.
10.1.1 If a Structure / polytunnel is under 18ft wide, does not confirm to BS /EU standards or given structural loadings specifications, no guarantee against structural failure can be given.
Where a Structure / polytunnel is above 18ft wide with stated structural loading specifications or confirms to a BS / EU standard, We offer a 12 months replacement parts guarantee. This warranty covers the framework only. The warranty assumes that any damaged structure has been erected correctly and in accordance with our published instructions. If failure of the structure takes place, confirmation of wind speeds for that particular day will be required from the Meteorological Office. (No guarantee is offered for polythene or PVC covers)
10.1.2 Polythene / PVC is guaranteed by the manufacturer for the period stated by the manufacturer. This guarantee is only for manufacturing faults. Early degradation caused by old/damaged anti hot spot tape is not covered. All guarantees are only valid if the sheet is fitted correctly. Tunnel covers are not guaranteed against acts of violence, wilful damage, or acts of God i.e. storms or gale damage. The guarantee does not include labour costs for re-covering the polytunnel. Manufacturer’s terms and conditions of warranty apply. (Available on request).
10.1.3 The period of the guarantee commences from the date of delivery.
10.1.4 The guarantee stated does not cover rebuilding costs or any consequential losses,
10.1.5 No guarantee can be offered where parts are purchased individually and used on existing structures or for other purposes.
10.1.6 Whilst every care is taken to ensure our products are of the highest possible quality, the Five Star Polytunnels liability shall not exceed the value of the defective item or the total invoice value.
10.2 Five Star Polytunnels offers no warranties or guarantees in respect of products it sells which are manufactured by third parties, but wherever possible will pass the benefit of any warranty or guarantee it receives from the manufacturer to the Customer.
10.3 For the avoidance of doubt, Five Star Polytunnels shall not be liable for any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence, acts of god or use otherwise than as recommended by Five Star Polytunnels, failure to follow the manufacturer’s instructions, or any alteration or repair carried out without the approval of Five Star Polytunnels.
10.4 Any claim by you that the Goods are defective or fail to correspond with their description shall be notified to Five Star Polytunnels Limited in Writing within seven days of delivery or (where the defect was not apparent on reasonable inspection) within seven days of discovery of the defect: If you do not notify us of your claim within the seven days and in Writing as stated above, you shall not be entitled to reject the Goods and we shall have no liability for the defect or failure.
10.5 No materials will be accepted for credit without prior notice in writing, stating date of purchase, invoice number and reason for return. All goods returned if ordered incorrectly by the customer will be credited, less carriage charge and a 15% restocking fee. No refund will be given on incorrectly ordered non-standard items.
10.6 Upon receipt of your claim Five Star Polytunnels shall arrange for inspection of the rejected Goods. Five Star Polytunnels shall either, at its option, refund the full Price and delivery charges, or replace the Goods. If it is possible to repair or alter the Goods so that they do conform to their specification and warranted quality standards within a reasonable time period, then Five Star Polytunnels may choose to so repair or alter them. Five Star Polytunnels shall thereafter have no further liability towards the Customer.
- Your right to cancel
11.1 If you are a consumer (as defined in The Consumer Protection (Distance Selling) Regulations 2000), you have the right to cancel the Contract at any time up to the end of seven working days after you receive the Goods. A working day is any day other than weekends and bank or other public holidays.
11.2 To exercise your right of cancellation, you must give written notice to Five Star Polytunnels at the following address, giving details of the Goods ordered and (where appropriate) their delivery: Five Star Polytunnels Llawr Y Glyn Glynarthen, Llandysul, Ceredigion SA44 6PR
11.3 If you exercise your right of cancellation after the Goods have been delivered to you, you will be responsible for returning the Goods to Five Star Polytunnels at your own cost. The Goods must be returned to the address shown in Clause 11.2, be in their original packaging, be in their original condition, and you must enclose the order number with the package. You must ensure that the Goods are not damaged in the meantime or in transit.
11.4 Once you have notified us that you are cancelling the Contract, Five Star Polytunnels will refund or credit you within 30 days from receipt of goods for any sum that has been paid by you or debited from your credit card for the Goods.
11.5 If you do not return the Goods as required, Five Star Polytunnels may charge you a sum not exceeding the direct costs of recovering the Goods.
11.6 This Clause 11 shall not apply to Orders for Goods to be manufactured to the Customer’s specifications where such Goods cannot easily be sold to other customers.
- Exclusion of liability
12.1 Except in respect of death or personal injury caused by Five Star Polytunnels negligence, or liability for defective products under the Consumer Protection Act 1987, Five Star Polytunnels shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under an express term, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply in accordance with the Contract or at all) or the use or resale of the Goods by the Customer, and the entire liability of Five Star Polytunnels under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions. This clause shall not affect your statutory rights as a consumer.
- Export Goods
13.1 In the case of orders for Export Goods the Customer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them, unless otherwise agreed in Writing.
- Force Majeure
14.1 Five Star Polytunnels shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Five Star Polytunnels’ obligations in relation to the Goods, if the delay or failure was due to any cause beyond Five Star Polytunnels’ reasonable control.
15.1 The Contract shall be governed by the laws of England and Wales and any dispute between us will be resolved exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract.
15.2 We do not guarantee that our website will be compatible with your PC, and we accept no liability for any corruption or loss of data held on your PC, or any liability for any other loss or damage of any kind caused to your PC resulting from use of this website.
15.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its email address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
15.4 No waiver by Five Star Polytunnels of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
15.5 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
15.6 The Contract constitutes the entire agreement and understanding of the parties and supersedes all prior oral or written agreements, understandings or arrangements. No change may be made to the Contract except in Writing signed by duly authorised representatives of both parties.
15.7 The fact that these Conditions are displayed electronically or transmitted via the Internet shall not affect their validity or enforceability.
15.8 Due to our policy of continuous improvement, Five Star Polytunnels reserves the right to alter any specification or price without prior notice.