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Terms & Conditions

Updated: 11th March 2024

These terms and conditions (the “Terms and Conditions”) govern the use of the OnlyDecking website (the “Website”) and the purchase of products from Only Decking Ltd (the “Seller”). Please read these Terms and Conditions carefully before using the Website or purchasing any products from the Seller. By using the Website or purchasing products from the Seller, you agree to be bound by these Terms and Conditions.

Modification of Terms and Conditions

OnlyDecking reserves the right to change the terms, conditions, and notices under which the OnlyDecking Website is offered, including, but not limited to, the charges associated with its use.

01. General

  1. All orders are subject to the following conditions, which form the contract of sale. Any changes to these conditions in a buyer document are invalid unless the seller agrees to them in writing.
  2. In these conditions, the seller refers to Only Decking Ltd, a company registered in England and Wales under Company number 15273038. The buyer is the party receiving this document.
  3. These terms and conditions take precedence over any terms and conditions referenced or offered by the seller during negotiations or at any stage of the dealings between the parties concerning the goods covered by this contract.
  4. The seller will not be bound by standard or printed terms provided by the buyer in any of their documents unless the buyer explicitly states in writing, separate from these terms, that they intend for such terms to apply. The seller must acknowledge this notification in writing.
  5. The contract of sale can only be changed by a written agreement signed by both parties.

02. Prices

  1. The prices listed include United Kingdom Value-Added Tax unless specifically stated in the contract. The buyer will be responsible for any price changes due to taxes or levies.
  2. If a good is listed or quoted at an incorrect price due to an error, the seller will notify the buyer via email or telephone within 14 days of the Acceptance Confirmation. Either party can cancel the incorrectly priced goods, including those reasonably linked to them, or the buyer can purchase them at the correct price. If the buyer confirms acceptance, they will pay the unpaid difference to the seller. If payment has been made and the buyer cancels, the seller will issue a refund for the incorrectly priced goods. If only some goods are mispriced, it won’t affect the correctly priced items.

03. Delivery

The below states our delivery terms.

  1. Buyer-Requested Delivery:
    • If a delivery date is specified, the buyer must accept the goods unless otherwise agreed in writing.
    • If no delivery date is specified, the buyer must accept the goods as soon as they are ready.
    • Failure to accept delivery on the specified date will result in the buyer reimbursing the seller for associated costs, including storage, transportation, and insurance.
  2. Other Cases:
    • Any stated delivery time is an estimation only and is not binding on the seller.
    • Time for delivery, whether expressed or implied, is not considered essential to the sales contract.
  3. Delivery Location:
    • The seller will deliver the goods as close to the delivery address as possible, as far as hard road permits.
    • The buyer is responsible for unloading and stacking the goods at their own expense.
    • Damage caused by inadequate site access or careless unloading will be at the buyer’s expense.
  4. Liability for Delays:
    • The seller is not liable for any loss or damage, direct, indirect, or consequential, arising from any delay or default in the delivery of goods.
  5. Partial Deliveries:
    • Unless otherwise agreed in writing, the seller may make partial deliveries of the goods.
    • The buyer may not treat the delivery of faulty goods or the late delivery of any instalment as a repudiation of the entire contract.
  6. Non-Refundable Delivery Costs:
    • Delivery costs are not refundable.
  7. Receipt of Goods:
    • The buyer is responsible for ensuring that a legally responsible person is present to sign for the goods upon delivery.
  8. Additional Delivery Charges:
    • Deliveries outside of Mainland England and Wales (including but not limited to Scotland, Northern Ireland, Ireland, Isle of Mann, and Isle of Wight) may incur an additional delivery charge at the seller’s discretion.

04. Returns

We hope you’re satisfied with your order, but we understand there may be times when you need to return items. We’re happy to assist you by the Consumer Rights Act of October 2015.

To initiate a return:

  • Please notify our Customer Support team by email or phone (01706 301002) within 14 days of receiving the goods.
  • Please state your reason for the return.
  • For damaged products, send images whenever possible for quality control purposes.

Timeline for returns:

  • If your order arrives in separate deliveries, you must notify us 14 days from the delivery of the last item in that order.
  • You then have an additional 14 days to return the goods to us.
  • We will provide you with a returns form, which must be attached to the returned goods.

Return shipping and fees:

  • We can arrange for items to be collected upon request. This may incur a surcharge, which can be deducted from an eligible refund.
  • For large collections (that cannot be sent via a standard courier service), there will be a minimum £250 collection surcharge.

Inspection and credit notes:

  • Upon receipt, we will inspect returned goods for quality and defects.
  • Subject to the goods being returned in perfect re-sellable condition, we will issue a credit note for the full purchase price (excluding delivery costs).
  • If the returned goods are damaged or otherwise returned in less than brand-new condition, we may offer a pro-rata credit note at the seller’s discretion. We reserve the right to withhold any refund.

Refunds:

  • Refunds can only be credited back to the original card or bank account used to purchase the goods.
  • Refunds will be issued within 15 business days of receiving the goods in re-sellable condition.

Delivery charges:

  • For non-business retail buyers, we will only refund standard delivery charges if the entire order is being returned.
  • If you opted for a special delivery service, we will only refund you for a standard delivery service.
  • If your delivery was free, you will not receive any refund for this.
  • If you only return part of your order, you will not receive any money back for delivery costs.

Damaged or faulty items:

  • If your item is damaged or faulty, and you have requested a replacement, we will send the replacement free of postage and packing charges.

Late returns:

  • If an item is returned to us after our returns period has ended and/or without advising us first, we can only offer a credit note, not a full refund.

Credit card surcharges:

  • Where the buyer returns goods originally purchased using a credit card, the seller shall be entitled to deduct 3.5% of the purchase price from the value of any refund on account of the credit card surcharges incurred by the seller.

05. Right to Cancel

  1. The buyer has the right to cancel their order at any time before 2:00 PM on the last business day before the agreed-upon delivery date without giving a reason. The cancellation period ends at 2:01 PM on the last business day before the agreed-upon delivery date.
  2. To cancel an order, the buyer must send a clear statement (such as an email) to the seller’s email indicating their decision to cancel the order. To meet the cancellation deadline, it is sufficient for the buyer to send a communication concerning the exercise of the right to cancel before the cancellation period expires.
  3. If the buyer cancels the order, the seller will reimburse all payments received from the buyer (excluding credit card surcharges).
  4. The seller will reimburse within 15 business days of being notified of the buyer’s decision to cancel the contract. The seller will use the same means of payment as the buyer used for the initial transaction to make the reimbursement.

06. Packaging and Carriage

The seller will select the mode of transportation for the goods and deliver them to the address specified by the buyer, which shall be referred to as “the delivery address.”

07. Transfer of Risk

  1. The buyer assumes all risk for the goods once they are delivered to the given address, except in cases of any contrary agreements. The seller cannot provide the purchaser with the information specified in Section 32(3) of the Sale of Goods Act 1979.
  2. Legal ownership of the goods will not be transferred to the buyer until the following conditions are met:
    • The buyer has physically received the goods.
    • The seller has received full payment for the goods and any other amounts due from the buyer, either in cash or cleared funds.
    • In the case of instalment deliveries, full payment has been received for each instalment.

08. Acceptance of Goods

9.1 Acceptance of the goods by the buyer is considered upon receipt at the delivery address.

9.2 The seller holds no responsibility for goods delivered damaged, lost during transit, or delivered with a shortage unless:

(i) For damage or short delivery, details are provided on the carrier’s delivery note or receipt, and written notice with full information about the damage or shortage is received by the seller and the carrier within 24 hours after receiving the goods at the delivery address.

(ii) In the case of goods lost in transit, the seller and carrier receive written notice of non-delivery within fourteen days of the seller issuing the advice note or invoice.

9.3 If the buyer complies with Clauses 8.1 or 8.2 (as applicable) and is subject to Clause 8, the seller shall replace or repair any goods rejected by the buyer, delivered in a damaged condition, or lost in transit. As an alternative, the seller may, at their discretion, provide the buyer with credit for the price of the lost or rejected goods or a proportionate amount for damaged goods. However, the seller is not liable for any other losses, except for death or personal injury caused by the seller’s negligence, including consequential losses related to goods rejected by the buyer, delivered in damaged condition, or lost in transit.

09. Specification

  1. Approximation of Specifications: Unless expressly stated in the contract, all specifications, weights, and dimensions provided in the contract and sales literature are approximate.
  2. Normal Trade Tolerances: The seller strives for accuracy; however, goods manufactured and supplied by the seller are subject to normal trade tolerances.
  3. Right to Change Specifications: The seller reserves the right to change the specifications of any goods quoted in the sales literature without prior notice.
  4. Literature for General Guidance: The seller’s literature is intended for the buyer’s general guidance only, and the particulars contained therein do not constitute representations by the seller and are not binding.
  5. Disclaimer of Specific Technical Recommendations: The literature’s contents are provided in good faith and are considered factual and accurate at the time of publication. They do not constitute specific technical recommendations and are for general information purposes only.
  6. Assessment by Professional: It is the responsibility of the engineer, architect, or other relevant professional engaged to advise on any project to assess and satisfy themselves on the suitability of OnlyDecking products for their intended use on that project.
  7. Variance in Composite Goods: Composite goods are extrusion products made by mixing natural and man-made materials, and every effort is made to ensure consistency and uniformity during production. However, the buyer acknowledges that there may be a variance in colour and finish. Slight colour, dimension, weight, or finish deviations shall not be subject to rejection or claim against the seller.
  8. Rejection of Remaining Goods: Any defects in some goods do not permit the buyer to reject the remaining goods.

10. Specifications for Orders

  1. The buyer is solely responsible for acquiring all necessary approvals before the commencement of manufacturing. The seller will assist in supplying calculations upon request.
  2. The buyer is responsible for verifying the accuracy of the calculations and specifications and ensuring that the goods are appropriate for their intended purpose.

11. Quality

Seller’s Warranties: Upon delivery, the seller guarantees that the goods:

  1. Meet the specifications in all material aspects
  2. Are free from significant design, material, and workmanship flaws

The seller’s products are covered by the warranties stated on their website. The seller is not liable for any defects caused by:

  1. The buyer’s failure to adhere to the seller’s instructions regarding the storage, commissioning, installation, use, or maintenance of the goods
  2. Normal wear and tear, exposure to the elements, willful damage, negligence, or improper storage or operating conditions

12. Payment

  1. Payment Terms:
    • For OnlyDecking orders, the total order value (excluding installation costs) must be paid at the time of order.
    • Payment by American Express may incur an additional 3.5% surcharge.
    • Credit card surcharge fees incurred by the Seller are not refundable.
    • Payment is not considered received until the Seller has received cleared funds.
  2. Partial Delivery:
    • If partial delivery is made, the buyer must pay for each instalment separately if invoiced by the Seller.
  3. Consequences of Late Payment:
    • If payment is not made on the due date, the Seller has the right to:
      • Charge interest on the outstanding amount at a rate of 8% above the Bank of England base rate, accruing daily.
      • Demand payment in advance for undelivered goods.
      • Refuse to deliver undelivered goods, including those ordered under the contract, without incurring any liability for non-delivery or delivery delays.
      • Terminate the contract.
  4. Set-Off and Counterclaim:
    • Unless otherwise agreed, the buyer cannot exercise any right of set-off or counterclaim against monies owed to the Seller for goods invoiced and delivered.

13. Ownership of Goods

Retention of Title:

The goods remain the seller’s property until the buyer pays all outstanding amounts due under this and any other contracts between the seller and the buyer.

Sale of Goods:

The buyer can sell the goods in the usual course of business. However, the proceeds from such sales must be held in trust for the seller until all outstanding sums are paid.

Repossession of Goods:

If the buyer defaults on any payment, the seller has the right to repossess all goods still owned by the seller. The seller can enter any premises where the goods are located to remove them without prejudice to other remedies. The buyer bears all costs associated with the repossession.

Proceeds of Repossession:

Repossessed goods will be sold, and the proceeds will be applied to the amounts owed by the buyer. Any remaining balance will be paid to the buyer. If the sale proceeds are insufficient, the buyer remains liable for the outstanding amount, including any accrued interest.

14. Privacy Policy

The seller will collect and store data collected from its website and any other forms of communication by the Privacy Policy.

The seller does not store any customer credit card details.

15. Notices

  1. Notices to the seller must be delivered to their address via first-class mail.
  2. Notices to the buyer will be sent via first-class mail to the address provided for goods consignment unless otherwise specified by the buyer.
  3. Notices are considered delivered on the first business day following the posting date.
  4. Per this clause’s terms, proof of service by first-class mail requires evidence that the notice was enclosed in a properly addressed and posted envelope.

16. Limitations on Responsibility

Limitation of Liability:

These terms and conditions do not limit or exclude the seller’s liability for:

  • Death or personal injury caused by its negligence or that of its employees, agents, or subcontractors.
  • Fraud or fraudulent misrepresentation.
  • Breach of implied terms under the Sale of Goods Act 1979.
  • Defective products under the Consumer Protection Act 1987.

Exceptions to the Limitation of Liability:

Subject to clause 17.1, the seller shall not be liable to the buyer for any:

  • Loss of profit or any indirect or consequential loss arising under or in connection with the contract.
  • Total liability to the buyer for all other losses arising under or in connection with the contract shall not exceed the total value of the order.

17. Force Majeure

Force Majeure:

Under these conditions, a “Force Majeure Event” is any situation beyond the seller’s reasonable control. However, it only applies if:

  • The seller cannot prevent, avoid, or remove the circumstance despite exercising reasonable diligence.
  • The circumstance substantially and adversely affects the seller’s ability to fulfil their obligations under these conditions.
  • The seller has taken all practical precautions, due care, and reasonable alternative measures to avoid the event’s impact on their ability to perform and mitigate the consequences.

Governing Law and Jurisdiction:

  • These conditions and the contract are subject to and interpreted under English Law.
  • The buyer agrees to submit to the non-exclusive jurisdiction of the High Court of Justice of England.

19. Law

The contract, along with its stipulations, shall be subject to English Law and interpreted by it. The buyer acknowledges the exclusive jurisdiction of the High Court of Justice of England for any legal matters arising from this agreement.