Terms and Conditions

1. Definitions.

In these Terms and Conditions

“Business Day” means any day which is not a Saturday or Sunday or a bank or national holiday in England.

"the Company", "we", "us" and "our" means Fence Webb LLP. of 3, Lodge Farm Close, Walton, Chesterfield, S42 7LF   email Fencewebb@gmail.com telephone 07908 618167

“Consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.

"Contract" means any contract between us and you for the sale and purchase of Goods.

"the Customer", "you" and "your" means the persons firm or company ordering the Goods.

"the Goods" means the items sold by us to you and listed on our invoice.

2. Statutory Rights.

Where you buy the Goods as a Consumer, your statutory rights are not affected by these Terms and Conditions.

3. Entire Agreement.

You accept that these Terms and Conditions and the documents referred to in them, constitute the entire agreement and understanding of the parties and supersedes any previous agreement and shall apply to all legal relations between yourself and us to the exclusion of any other terms including any Terms and Conditions warranties or representations written or oral express or implied even if contained in any of your documents which purport to provide that your own terms shall prevail. No variation of these Terms and Conditions shall be valid unless agreed to in writing and signed by an authorised person on our behalf and on your behalf.

4. Description of the Goods.

All specifications, drawings, descriptions and catalogues issued by us or on our behalf appearing on our website or elsewhere are intended merely to give a general description of the Goods and any person reading them may not rely on anything contained therein as being a representation of fact concerning the Goods or a warranty relating thereto whether as to their condition or otherwise.

5. Price and Delivery

a) The price for the Goods is listed on our website. 

b) The price is exclusive of any value added tax (vat) but we are not currently registered for vat and no vat is therefore currently chargeable.

c) The price includes the cost of postage, packing and delivery to addresses on the mainland of England, Wales and Scotland. In the event of delivery being required to another part of the U.K. or abroad please ask us to quote for the extra cost involved to be added to the price.

d) The price must be paid when making your order and we shall not be obliged to deliver any Goods until payment in cleared funds is received.

e) We shall endeavour to dispatch the Goods to you as soon as possible and within 21 days of receiving payment. In the event of delay, we shall inform you of the reason together with our estimate of when the Goods will be dispatched.

6. Complaints about the quality or quantity of Goods

a) Unless any complaints about the quality or quantity of Goods are made in writing and received by us within three working days of delivery thereof you shall be deemed to have accepted the Goods. Claims for loss or damage to Goods must be made within three working days of delivery of the Goods and claims for non-delivery of Goods must be made within ten days of the despatch date of the Goods. Any errors in the quantity of Goods delivered can be claimed for immediately. 

b) Your initial complaint should be made by email to Fencewebb@gmail.com  or by letter addressed to Jonathan Barnes, Fence Webb LLP. 3, Lodge Farm Close, Walton, Chesterfield, S42 7LF.

c) Where any complaint is made in accordance with clause 6 a), you shall, at our request, return such Goods at your expense to enable us to examine the nature of the alleged defect. The Goods must be properly packaged and addressed. You are responsible for the costs of returning them and the Goods are sent at your risk until received by us.

d) We shall respond to your complaint within 14 days of hearing from you or within 14 days of receiving return of the Goods for inspection as appropriate.

7. Warranties and Exclusions and Limitations of Liability

(a) We warrant that the Goods are of satisfactory quality, as defined in the Sale of Goods Act 1979 but do not warrant that the Goods are fit for any specific purpose.

b) The user of our ‘Reflective Site Fence Webbing’ must determine if the product is suitable for the particular application. Our reflective site webbing is intended as a supplementary product for good practice and is not intended to replace any requirements of The Traffic Signs Regulations and General Directions 2016. The user is responsible for ensuring that suitable temporary works/stability considerations are made in relation to the possibility of additional wind loadings as a consequence of installing our product.

c) Our liability for any defect shall be limited to repairing or replacing the defective Goods or refunding to you the invoice price of the Goods. All other liabilities not referred to elsewhere in these Terms and Conditions are limited in damages to the invoice price of the Goods. Under no circumstances shall we be liable for any indirect, consequential or economic loss of any nature arising out of the defect.

d) Subject to our warranty given in a) above that the Goods are of satisfactory quality, all warranties, Terms and Conditions and other terms implied by statute or common law (save for the implied term imposed by section 12 of the Sale of Goods Act 1979 concerning title to the Goods) are, to the fullest extent permitted by law, excluded from the Contract.

e) Nothing in this clause excludes or limits our liability for any personal injury or death caused by our negligence or for fraudulent misrepresentation.

8. Statutory Right to Cancel

a) You only have the statutory right to cancel if you are buying the Goods as a Consumer (see Clause 1 above) for a price of £42 or more.  

b) Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you, or a third party nominated by you to receive the Goods, receive the Goods. 

c) If your order consists of multiple goods, the 14-day period ends 14 days from when you, or your nominated third party, receive the last of the batch.

d)To exercise your right to cancel 

i) you must inform us, Fence Webb LLP, 3, Lodge Farm Close, Walton, Chesterfield, S42 7LF   - email Fencewebb@gmail.com - of your decision to cancel the order by a clear statement such as a letter sent by post or email. You may use the Cancellation Form appearing at the end of these Terms and Conditions but that is not obligatory; and

ii) Within 14 days of informing us of your decision to cancel, you must return the Goods to us. The Goods must be properly packaged and addressed. You are responsible for the costs of returning them and the Goods are sent at your risk until received by us; and

iii) The Goods must be returned unused and undamaged. You may remove the Goods from our packaging for examination and no more. The extent to which you can handle the Goods is the same as it would be if you were assessing them in a shop.

e) If you cancel the order by exercising your right to cancel in compliance with all provisions of this Clause 8, we will reimburse to you all payments we have received from you for the order. We will make the reimbursement without undue delay and not later than 14 days after receiving return of the Goods. We shall make the reimbursement using the same means of payment as you used to pay for the Goods.

9. Severability

lf any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partially illegal, void, voidable, unenforceable or unreasonable, it shall, to the extent of any such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

10. Third Party Rights.

The parties to this Contract do not intend that any term of this Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

11. Notices and Communications

a) Any notice or other communication given under these Terms and Conditions shall be in writing and may be served by delivering it by hand, sending it by post, pre-paid recorded delivery or e-mail to the addresses set out in clause c) below. 

b} Any such notice shall be deemed to have been received

i)   in the case of a notice delivered by hand, at the time of delivery;

ii)  in the case of a notice sent inland by first class, pre-paid, recorded delivery, two clear business days after the date of dispatch;

iii) in the case of a notice sent overseas by recorded delivery airmail, seven business days (being business days in the place to which the notice is dispatched) after the date of dispatch;

iv) in the case of a notice sent by email, if sent before 5pm on a business day, at the time of transmission and if sent after 5pm then on the next following business day.

c) Our postal address and e-mail address for the purposes of this clause 11 are:

Postal Address: Jonathan Barnes, Fence Webb LLP. 3, Lodge Farm Close, Walton, Chesterfield, S42 7LF.

E-mail Address: Fencewebb@gmail.com 

or such other postal address or e-mail address as may be notified by us to you in writing from time to time.

Your postal address, and email address for the purposes of clause 11 shall be as notified to us on your most recent order unless otherwise notified to us in writing by you.

12. Jurisdiction.

The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

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Cancellation Form

This form is referred to in Clause 7 of our Terms and Conditions and is for use by Consumers wishing to exercise their statutory right to cancel 

To: Jonathan Barnes, Fence Webb LLP, 3, Lodge Farm Close, Walton, Chesterfield, S42 7LF or to Fencewebb@gmail.com 

I give notice that I request to cancel my order for the following Goods: 

Description of Goods

Ordered on/received on: 

Your address: 

Your e-mail address: 

Your signature:              ………………………………………………………………………..

(We do not need your signature if you send this form by email.)

Date: