Terms and Conditions

Welcome to the Forma Landscapes website terms and conditions for use. These conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by these terms and conditions. If you do not agree to be bound by them, you may not use and access this Website.

Details of procedures, products, services, prices and payment are displayed on our Website. If you choose to place an order, you will be given clear instructions on how to navigate our simple online order process and you will be required to provide us with your accurate personal details.

We reserve the right to change this Website and correct or update information (including product information) on it at any time without notice.

Copyright Statement

This Website is owned and operated by Forma Landscapes. All content including pictures, designs, logos, photographs, written and other materials on our website are copyrighted. All worldwide rights are reserved. Any reproduction in whole or in part of our Website is strictly prohibited without the prior written permission of Forma Landscapes.

Please be aware that each of various trademarks, product names etc. represented on our website is the property of their individual owner-companies.

Definitions

'Conditions' means these terms and conditions. 'We/us/our' means Forma Landscapes. 'Website' means the Website located at www.formalandscapes.com or any subsequent URL which may replace it or sit alongside it. 'United Kingdom' means England, Wales, Scotland, Northern Ireland and the Channel Islands. 'You/your' means a user of the Website. 'Working days' mean Monday to Friday (excluding public holidays in the United Kingdom).

Ordering

Orders will only be accepted from persons over the age of 18. Orders may be accepted from persons resident in the United Kingdom only. When you have found a product that you wish to buy on our Website, specify your product options where necessary and click on the ‘add to shopping cart’ icon to add it to your order. You can verify the items in your order at any time throughout your shopping session by clicking the ‘item(s)’ link. You won’t have to buy the items and you can still cancel the order at this point in time. Should you wish to amend your selection, you can simply alter quantities or remove items by clicking on the ‘remove’ icon by the product you do not require in the ‘shopping cart’ page, the page will then automatically refresh itself. To continue shopping, click on the ‘continue shopping’ icon. To to get a quote, including delivery charges, click on the ‘get quote’ icon.

Your billing and delivery information will then be required before you confirm your order by clicking the ‘submit quote’ icon. Once you have successfully submitted a quote you will be sent a purchase order email confirming, among other things, receipt and the details of your order. It is your responsibility to check the purchase order and notify us immediately of any errors at sales@formalandscapes.com.

We will email you an invoice for your goods with details of your order including delivery costs and delivery times. Payment must be made before goods are dispatched. Payment can be made by cheque payable to Forma Landscapes or BACS transfer. Once payment has been made arrangements will be made for the delivery of the ordered item/s. Your order represents an offer by you to purchase goods from us. A follow up email will then be sent once payment has been received and the goods have been dispatched to you, and it is only at this point in time that we accept your offer, are bound to fulfill it and a contract is formed.

If you wish to cancel an order before the order has been processed please email us at sales@formalandscapes.com as swiftly as possible quoting your order reference number. If the order has already been acted upon you will need to follow the instructions on our Refunds and Returns Policy.

Product information

Each Product purchased is sold subject to its Product Description. We will take all reasonable care to ensure that all details, descriptions, images and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information and imagery including Product Descriptions appearing on this Website at a particular time may not always truly reflect the position exactly at the moment you place an order. Whilst we take every effort to ensure images and descriptions are correct we cannot guarantee these exactly reflect the true nature of the product, particularly the reflection of true colours, shades and textures which are difficult to produce on a computer screen.

All measurements are given in millimetres and are taken from the maximum points of measurement unless otherwise stated.

Please note that some products may require assembly.

Payment

All prices are quoted in British pounds sterling and are exclusive of UK Value Added Tax and delivery charges. The prices set out on our site are VAT exclusive. If the price quoted on the Website is incorrect and the correct price is lower than that quoted we will charge you the lower price. If the correct cost is higher than the quoted price we will either advise you of the true cost and await your confirmation of your order at the higher price or inform you that we cannot accept your order and explain the circumstances surrounding such cancellations. Payment can be made by cheque payable to Forma Landscapes or by BACS transfer. Title to the goods will pass to you, the buyer, on delivery of the goods.

We reserve the right to make price adjustments if it is discovered that the price is incorrect or to protect us from price rises for reasons such as a supplier’s price increase, new taxes and currency fluctuations.

Delivery

We work with both large and small companies to source and put together our unique product range. We are constantly on the look out for new and exciting products that enter the market and we seek out talented individuals for our bespoke items. We work with suppliers from abroad and some companies make their products to order. As a result, the time it takes to deliver can vary a great deal between different products. Delivery times and delivery costs for all items ordered will be determined at the time of order and will be listed on your quotation.

We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. We aim to dispatch all items within the lead times stated on your quotation. Please note that all delivery dates are estimates only and the time of delivery shall not be of the essence. You will be notified by email once your goods have been dispatched. All deliveries will be between Monday to Friday during the hours of 9am and 4pm.

All products will be sent using recorded delivery or a UK-wide courier dispatch and will therefore require a signature upon receipt. Please note it may not be possible for us to deliver to some locations. Should delivery time be delayed we do not accept liability of any consequential loss. We will contact you if there is a delay.

Please note carefully that when you signing for the items with the courier you are accepting them in the condition in which you have received them. Once you have signed for the goods, you have accepted them 'as-is', the insurance requirement is deemed to have been fulfilled and there is absolutely no come-back with the courier company. If you see any signs of damage to the goods or packing, sign the receipt document with the words ‘damaged when received’ and if possible take a photograph of the damage. Then contact us immediately. You must contact us within 3 days of receipt or the claim may be invalid.

From the moment a carrier attempts to deliver the goods they are the your full responsibility and you have to accept the goods when they are ready to be delivered.

Where you do not comply with our attempts to deliver the goods we may, at our discretion, cancel the entire or part of the order and charge you 10% of the total cost of the order to cover storage, shipping and insurance of the goods.

Title and risk

The goods are at the risk of the customer from the time of delivery. Notwithstanding delivery and passing of risk, the goods shall remain the property of Forma Landscapes until all monies due from you to Forma Landscapes have been paid in full.

Circumstances beyond our control

Forma Landscapes reserves the right to cancel, vary or suspend the operation of contracts of sales if events occur which are beyond our control including (and without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, lock-outs, riots, industrial action which prevents entry to premises, hostilities, non-availability of materials or supplies or any event outside the control of Forma Landscapes and Forma Landscapes shall not be held liable for any breach of contract resulting from such an event.

Refunds and returns

Goods will not be accepted for return except by prior arrangement and they must be in ‘as new’ condition. There will be a 15% handling charge on all goods returned. In all cases the product(s) must be adequately packed in the original packaging to prevent damage.

As soon as we receive notice of your cancellation we will refund the cost of the goods minus 15%. We will provide the refund within 30 days from the receipt of the notice of cancellation provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount refunded to you.

Goods made to order If the customer is unsure as to whether a product is included in this category then the customer should email sales@formalandscapes.com for clarification.

For such items please note that we will not be able to change any such orders, make a refund or exchange any item that has been entered into production.

Cancellation by us We reserve the right to cancel the contract between us if we have insufficient stock to deliver the goods you have ordered or we do not deliver to your area.

Website

We attempt to ensure that the information available on the Website at any time is accurate. However, we will not be held liable for any errors or omissions. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these. Products, services, prices and offers are only valid at the time they are published on our Website. We may change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts or all of the Website without notice or liability.

We reserve the right to:

• modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
• change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed.

You may not use the Website for any of the following purposes:

• disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
• transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise;
• breaches any relevant laws, regulations or code of practice;
• gaining unauthorised access to other computer systems;
• interfering with any other person's use or enjoyment of the Website;
• breaching any laws concerning the use of public telecommunications networks;
• interfering or disrupting networks or websites connected to the Website; and
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

We reserve the right to refuse to post material on the Website or to remove material already posted on the Website.

Registration

You warrant that:

• the personal information which you are required to provide when you register is true, accurate, current and complete in all respects;
• you are not impersonating any other person or entity and
• you will notify us immediately of any changes to your personal information by emailing or telephoning our customer service representatives.

Data protection and privacy

Forma Landscapes is committed to protecting your privacy. The information we collect about you in order to process your order will only be used lawfully in accordance with the Data Protection Act 1998. Forma Landscapes will not willfully disclose any confidential information without your prior permission and your details will not be passed onto a third party for their use in promotional purposes.

You can find full details of our Privacy Policy on the Website.

External Links

To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:

• the privacy practices of such websites;
• the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources; or
• the use which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Liability

Forma Landscapes will not be liable for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable by either party when the contract for sale was formed. We shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question (minus any administration costs). If the goods are not what you ordered, are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability unless you notify us of the problem within 3 working days of the delivery of the goods in question.

We shall not be liable for any defects in the goods caused by any act, neglect or default by you or any third party.

Notwithstanding the above, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or any other statutory rights. Nothing in this Agreement shall limit Forma Landscapes’s liability for death or personal injury caused by our negligence or breach of duty.

Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at:

Forma Landscapes
The Mill House
Wattisfield Road
Walsham le Willows
Suffolk
IP31 3BD

All notices from us to you will be displayed on our website from time to time.

Governing law

These terms and conditions are governed by English law, you agree to submit to the non-exclusive jurisdiction of the English courts in relation to any disputes arising under or in connection with these terms and conditions or the contract between us.

Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details and data protection and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us.