Terms of Business

We work to ensure that you have a super time in purchasing from JapanGarden.co.uk, but there are times that clarification is required and we set out below our Terms of Business.

JapanGarden.co.uk

Office

25 Pound Meadow, Ledbury, Herefordshire. HR8 2EU
 

Language and Descriptions

For the avoidance of doubt, the Japanese do not produce many products. The majority of our Granite Products are made in China to a high standard to traditional and modern Japanese styles. Shoji Screens are made in the UK in our workshops.

 Futons are made to a Japanese style here in the UK and in Europe to meet fire regulations.

If you wish to know the provenance of any product please contact us prior to purchase.

Prices
Please note all prices are in GBP Sterling (£) . These prices are for UK Mainland ONLY. For more information on payment terms click here

Please note - All transactions will be taken in GB£ on the day of processing

For the avoidance of doubt, any estimate or quotation is only valid for the date on which it is issued. Our current economic situation is volatile with materials and delivery costs changing each day.
Customers paying a deposit or paying in full before delivery will "lock in" the price unless otherwise stated.

Security
We use Worldpay as our secure credit card processor. If you wish you can ring us on 01531 630091 or 07799 847105 and we can obtain your credit card information, or we can issue a pro-forma invoice for cheque payment. We can also email you our order form and complete this and return it with your credit card details. We can also process orders using PayPal.

Payment can also be made directly to our bank account with prior notification
Account Name : Lane SJ & Lane Mrs MA T/A JapanGarden
Account Number : 03136036
Bankers: LloydsTSB, 8 High Town, Hereford, HR1 2AE
Sort Code: 30-94-14
BIC: LOYGB21201
IBAN: GB85 LOYD 3094 1403 1360 36

If you wish to have more information on our security policy please telephone  07799 847105

£999999.99 pricing  or Items without price
A £999999.99 price or without a price means that costing has not been entered for this product - . It may be difficult to obtain or out of stock or in the process of pricing - use our quote order or email us for more details. 

Gift Vouchers
Our Gift Vouchers are valid for 2 years from the date of purchase. Gift Vouchers presented after this period will be treated as void and are non-exchangeable and non-refundable. They have NO cash equivalent and can only be used in the purchase of items from Japangarden. At our discretion any small residual balance will be paid to the holder by way of voucher, or cheque. However, at least 95% of the voucher must have been redeemed.

Delivery
For the avoidance of doubt, and without detracting from any other provision of these Terms, we shall not be liable for any damage or loss whatsoever caused whether direct or indirect (including for the avoidance of doubt any third party) resulting from any delay in delivery of the goods, or failure to deliver the goods in a reasonable time - whether such delay is caused by our negligence or otherwise howsoever.

Click here to see further important information regarding Delivery

Product Variations
Please note - Many items illustrated on this website are hand carved from a natural product. All illustrations are only indications and variations will undoubtedly occur. Two items produced by the same carver or stone mason will have variations, but that is probably why you are looking at these products in the first place. The same applies to sizes as they can only be classed as an indication and tolerance must be given. If sizing is crucial, then please state this at the time of ordering. Any drastic change of style, shape or form will of course be identified to you before purchase. Stone and Specimen Rock products will vary from sample to sample of the same product and natural variations will always occur. We cannot guarantee an exact match even after sampling.

Terms

Under £5500 we require payment by credit card or cheque with order. You can use our online Secure Card Processing either in the online shop or we can email you a Paypal payment request. We can also ring you if you prefer and send you a pro-forma invoice and you can return a personal or business cheque. All bank cheques require a period for clearance and this is not included in our delivery time schedules.

Over £5500 to £15000 we require either full payment with order or a deposit of 50% as above, with the balance prior to dispatch

Over £15000 we will set out the payment schedule in a letter to you, the terms and conditions of payments. A deposit with written order will be required, together with stage payments if necessary. If the product is a non-standard item, full payment will be required with order. Orders, once commenced are non-refundable.

Deposits are non-refundable

Granite Colours
Our granite products are available in standard "Salt & Pepper " grey granite with black speckles. Some items have optional colours in "Beige&Rust" with rust speckles and "Pink&Grey". The description on item will let you know colours available, however these colours are not standard and may have to be ordered

 

 

Your piece of carving will arrive looking brand new, it does not look aged like some of the illustrations in the Showcase Gardens or elsewhere on this website. There are a few tricks to aging granite and these are available here.

General Conditions.
1. Risk and Damage:
Goods pass to the buyers sole risk upon delivery. All goods remain the property of JapanGarden.co.uk until paid for in full and will not be delivered until payment is completed.
Any complaints regarding damage must be made immediately wthin 7 (seven) days to the carrier in writing, and to JapanGarden.co.uk on 07799 847105, otherwise they will not be upheld under the insurance terms and conditions of carriage.

We insist that upon receipt the items are unpacked and inspected prior to signing the shipping document. "Not Checked" is not an acceptable means of delaying inspection.

Claims for shortage must be made in writing to JapanGarden.co.uk within 7 ( seven) working days of receipt of goods.

All goods must be signed for and no claim for damage will be entertained without a returned, signed and duly endorsed delivery note.

Goods signed for by a third party on your behalf whether authorised by you or not are deemed to be accepted by you and no claim for damage, LOSS or shortage can be entertained at a later date if signed by a third party

2. Guarantees:
All work/goods are guaranteed against defective materials or poor workmanship with free replacement of the defective component or section only upon receipt of the defective goods or component returned to the advised location at customers expense for a period of 7 ( seven)  days from date of delivery. (Please see note 5 below). It is a condition of this guarantee that our staff, agents or suppliers be allowed reasonable access to inspect any defective goods. In some cases if an item is damaged, the carrier will be instructed to collect the item and we ask you to pack securely at your cost for return.

3. Refunds, Returns and Cancellations:

Please contact us prior to making a return to receive authorisation. Returns made without authorisation will not be accepted.
Under the Consumer Protection (Distance Selling) Regulations 2000 you have the right to return the product within 7 working days from one day after date of receipt for any reason but at your own cost. Providing goods are returned in good condition payment will normally be refunded less card processing fees within 30 days of cancellation, however, depending on the item we reserve the right to levy an additional restocking charge at our discretion.

Please note that some of our heavy products may cost more to return on pallet and restock so it is in clients interest to ensure quantities and materials they order are accurate

Original carriage charges incurred on the order will not be refunded. You are responsible for organising any return carriage and insurance at your cost.

Refund and Cancellation rights do not apply to : Items of clothing, or furnishing items such as Futons, Futon Covers, Bedding unless faulty, or Orders made to a customer's specification such as cut to length or bespoke items and are therefore exempt of the 7 day cancellation rule.

Any orders made or imported to a customer's specification, once commenced cannot be cancelled and deposits and monies received will be retained to help offset any expense involved. Time is not the essence of the contract.

All card transactions are processed at the time of ordering unless a written arrangement has been made to process the funds at a later date. Refunds will not exceed the invoice value of returned goods. No other consideration will be entertained. Refunds will be made by cheque or card transfer at our discression. No cash refunds will be given. The customer has the option of accepting a credit note to the value of the refund if so desired.

Whilst we endeavour to deliver within a 7-10 working day period, there are times when an item is unfortunately out of stock or stock is delayed. If delay occurs for a period exceeding 20 days then the customer is entitled to an automatic refund in full without any obligation however, the customer may wish to hold until the item is in stock and this is perfectly acceptable.

Business Customers are expected to order what is required. We do not accept returns from Business Customers unless the items are faulty. Please see (2),  above and (4-5) below

 

4. Suitability:
The customer or his agents are responsible for the suitability and quantity of the goods ordered. This includes customer responsibility for any bylaw, regulation approval including fire or access or installation approval or any other approval out of our control that may be required.

In the case of items requiring electrical connection it is imperative for your own safety and to comply with UK or International Building Regulations that a qualified installer is used.

5. Specifications and Substitutions:
Specifications are not binding as to exact detail, size, colour match or material used. We are not responsible for any contraction or expansion that may occur due to weather conditions or any other causes in any material, and for the avoidance of doubt includes shrinkage or swelling, splitting, twisting, shaking, warping or cracking of materials. We reserve the right to amend a design or alter the price of a product without notice. We reserve the right to use substitute materials of equal quality in the event of original material being unobtainable from our normal suppliers. Goods will be invoiced at the price ruling on the date of dispatch in GB£

6. Permissions and Copyright:
The customer or his agent are responsible for any Planning Application, Building regulation approval, licence, or Government Approval or regulatory approval that may be required. Any opinion or advice given by JapanGarden.co.uk or its agents is for information only and not a statement of fact. Any design drawing or sketch provided by JapanGarden.co.uk or its agents are the property and copyright of JapanGarden.co.uk for their full commercial and intellectual use unless permission in writing to the contrary has been given by JapanGarden.co.uk.

7. Claims for Damage:
See Note 1 above as well
No claim in respect of damage of goods done by hired contractors or delivery vehicles will be entertained unless operated by our own employees. Property damage should be immediately reported to the carrier, your own insurers and Japangarden.co.uk.
Goods will be delivered as close as the delivery driver is possible to drive and help should be available at no cost to JapanGarden.co.uk for offloading if required.

8. Safe Working:
Some of our products can be very heavy. Safe working practices and installation methods must be used in installation and public display, and JapanGarden.co.uk take no responsibility or liability whatsoever for the delivery off load, on-site movement, connection, lifting or installation or security of installations of their products.

9. Pricing Policy:
The prices payable for the items that you order are clearly set out in the web site. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item concerned. There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason and refund your payment to us.

10. Claims:
Without prejudice to any other provisions in these Terms: In any event, our total liability for any one claim, or for the total of all claims arising from any one act of default on our part (whether arising from our negligence or otherwise) shall not exceed the purchase price of the goods - the subject matter of any claim.

Delivery
For the avoidance of doubt, and without detracting from any other provision of these Terms, we shall not be liable for any damage or loss whatsoever caused whether direct or indirect (including for the avoidance of doubt any third party) resulting from any delay in delivery of the goods, or failure to deliver the goods in a reasonable time - whether such delay is caused by our negligence or otherwise howsoever.

11. Acceptance:
Payment of a deposit or placing of an order indicates acceptance of the above terms. Any deposit is NON-REUNDABLE. These Terms of Business do not affect your statutory rights

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Supplier Terms of Business

We/us/our means Japangarden.co.uk You/your means the person, firm or company providing goods and/or services to us.

1. The terms of this contract shall consist of: (a) the details specified either on the order sheet or in the correspondence from us instructing you to supply the goods and/or services; and (b) these Terms of Business, which shall not be varied or overridden by any conditions stipulated by you or by any other agreement between you and us unless agreed in writing between your authorised representative and us.

2. We will not be responsible for goods supplied or services rendered to us unless covered by an official order or contract signed by our authorised representative.

3. The time of delivery of goods or performance of services shall be of the essence of the contract.

4. You warrant to us that the goods will: (a) be of satisfactory quality and fit for any purpose held out by you or made known to you in writing at the time the order is placed; (b) be free from defects in design material and workmanship; (c) correspond with any relevant specification or sample; (d) comply with all statutory requirements and regulations relating to the sale of goods; (e) not infringe any intellectual property rights of any third party; and (f) (if appropriate) be Year 2000 Compliant (within the meaning of the British Standards Institution "Definition of Year 2000 Conformity Requirements") and will be EURO compliant.

5. You warrant to us that you have power to provide the services you have agreed to supply and have obtained all necessary approvals to do so. You also warrant to us that the services will be performed by appropriately qualified and trained personnel, with due care and diligence, in compliance with all relevant statutory requirements and regulations, and to such high standard of quality as it is reasonable for us to expect in all the circumstances. In particular you warrant to us that in supplying the goods to us and/or performing the services for us you comply and will at all times comply with the Working Time Regulations 1998, all health and safety legislation, and all ethical and moral requirements determined by us from time to time.

6. If you are unable to comply with the delivery instructions and/or any other instructions or conditions of the contract you must advise us immediately and thereupon we reserve the right to cancel the order either in whole or part or to confirm the order subject to such further instructions as shall be in our opinion reasonable. If we cancel the order in whole or in part we shall not be liable to you for any payment of whatever nature relating to the whole of the order or that part of it (as appropriate).

7. We reserve the right to inspect goods at any stage of manufacture at your place of business or any third party premises prior to dispatch.

8. The price for the goods or services shall be as stated in the order and, unless otherwise so stated, shall be: (a) exclusive of any applicable value added tax (which shall be payable by us subject to receipt of a VAT invoice); and (b) inclusive of all charges for packaging and its return, packing, shipping, carriage, insurance and delivery of the goods to our address and any duties, imposts or levies other than VAT.

9. You shall invoice us at any time after delivery of the goods or performance of the services and, subject to Clauses 6 & 11, we will pay you within 60 days of receipt of your invoice.

10. No increase in the price may be made (whether on account of increased material, labour or transfer costs, fluctuation in rate of exchange or otherwise) without our prior consent in writing.

11. Each consignment of goods must be accompanied by a packing delivery note which must show an order reference number and the quantities of each item. You must ensure that each delivery note is signed by an authorised representative in order to prove delivery of the goods in question and without prejudice to any other remedy we reserve the right to delay payment to you if you fail to do so or if the order reference number is not included on the delivery note. Delivery of the good , inspection or failure to inspect the goods and/or signature on any delivery note shall not constitute or imply our acceptance of the quality or standard of the goods.

12. When required, you will mark the goods and materials ordered in accordance with our instructions.

13. No signs or advertisements, maker's names or trademarks shall be permitted on the goods or on any material whatsoever unless agreed by us in writing.

14. Any specification or information supplied or produced by us to or for you in connection with the contract, together with the copyright, design rights or any other intellectual property rights in the specification and information, shall be our exclusive property. You shall not disclose to any third party or use any such specification or information except to the extent that it is or becomes public knowledge through no fault of yours, or is required for the purpose of the contract. You shall, if required by us, enter into a separate undertaking in respect of your obligations under this clause.

15. (a) All intellectual property rights (including patents, registered designs, unregistered designs, copyrights, technical information or know how and similar rights both in the United Kingdom and abroad) ("the Rights") arising in the course of or as a consequence of you providing goods and/or services to us shall belong to us. (b) You warrant to us that the Rights shall be free of all third party claims of ownership and that all work undertaken by you in which the Rights might arise shall be your own original work. (c) You hereby assign to us, by way of future assignment, all copyrights or other Rights which arise (and you agree to waive or procure the waiver of any equivalent moral rights) immediately on their coming into existence. (d) If full legal title to any Rights shall fail automatically to belong to us by virtue of this clause, you shall hold such Rights on trust for us absolutely, and shall immediately at our request execute or procure the execution of any document required by us to vest in us the full legal title to such Rights and to enable us (or our nominee) to enjoy the benefit of such Rights.

16. You will indemnify us in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by us as a result of or in connection with: (a) your breach of the contract and in particular breach of any warranty given by you in relation to the goods supplied or services rendered; (b) any claim that the goods infringe, or their importation, use or resale, infringes, the patent, copyright, design right, trademark or other intellectual property rights of any other person, except to the extent that the claim arises from compliance with any specification supplied by us; (c) any liability under the Consumer Protection Act 1987 in respect of the goods supplied; (d) any act or omission of yours or your employees, agents or sub-contractors in supplying, delivering and installing the goods or supplying the services; (e) any claim that the goods do not conform with Section 6 of the Health and Safety at Work Act 1974; (f) your failure to deliver the goods or perform the services within the time specified in the order or contract.

17. This order is placed only on the understanding that the goods shall be safe and conform with Section 6 of the Health and Safety at Work Act 1974 and that where appropriate you shall correctly install them and advise us of their correct method of operation and the appropriate safety precautions to be taken by persons engaged in its subsequent use.

18. You will return to us or (at our discretion) destroy or delete on demand any drawings, specifications, films or other items or information belonging to us or our clients together with any copies in whatever format held.

19. You will be responsible for and insure against loss or damage to the full value any drawings, specifications, films and other items belonging to us or our client during the time that they are in your possession or in transit to or from our premises or those of our clients. You will also maintain product and public liability insurance of no less than £2,000,000.

20. You will insure the goods against loss or damage to their full value whilst on your premises and in transit to our premises or to another destination at our request. Risk in the goods shall pass to us or our client (as appropriate) on delivery.

21. Ownership in the goods shall pass to us on delivery or, when payment has been made wholly or partly in advance, upon such payment being made or on ascertainment of the goods whichever is the later. The goods shall be free of any lien or third party rights and shall not be subject to retention of title by you, the manufacturer or any intermediary.

22. We shall be entitled to deduct from or set off against any monies due from us to you any sums which you shall be liable to pay us on any account.

23. In the event of any defect appearing in the goods supplied or work executed by you within 12 months from the date of delivery of the goods or completion of the work, without prejudice to our other remedies, at our request such defective goods or work shall be replaced or made good by you at your cost and expense as soon as possible and in any event no later than 7 days after discovery of that defect.

24. Notwithstanding any other provision of these Terms and without prejudice to any other remedy, we reserve the right to terminate or suspend (in whole or in part) the contract without any liability to you in the event of: (a) either of us being unable or prevented from performing our obligations under the contract due to any circumstances beyond our reasonable control; (b) breach of any warranty by you in relation to the goods supplied or services performed; (c) the levying of any distress or execution against you or the making by you of any composition or arrangement with your creditors or being a company, your liquidation (whether by members' or creditors' voluntary liquidation); (d) a receiver, administrator or administrative receiver being appointed over any of your assets or undertaking or (being an individual) an order is made for your bankruptcy or (being a company) you are unable to pay your debts within the meaning of Section 123 of the Insolvency Act 1986; (e) any analogous proceedings to those at Clauses 24(c) or 24(d) occurring in any other jurisdiction or under any foreign law; (f) your doing or permitting of any act by which our rights in the copyright design rights or any other Rights may be prejudiced or put in jeopardy; (g) you failing to deliver the goods or perform the services by the time specified in the order or contract; (h) your breach of any provision of the contract (where you have failed to remedy the breach within 14 days of being notified of it by us).

25. Any dispute or difference between us arising out of this contract may be referred by either of us to adjudication. The adjudicator shall be a person to be agreed between us

26. You may not assign or subcontract any or all of your rights and obligations under this contract at any time.

27. Any notice required or permitted to be given by either party to the other under these terms shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may have been notified pursuant to this clause to the party giving the notice and may be delivered personally, by first class post, by first class airmail letter or by fax. A notice shall be deemed to have been served if personally delivered at the time of delivery, if sent by first class post 48 hours after posting, if delivered by first class airmail letter 7 clear days after posting or if sent by fax at the time of transmission.

28. No waiver by us of any breach of any provision of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

29. The formation, interpretation and operation of the Contract shall be governed by English Law and you agree to submit to the exclusive jurisdiction of the English Courts in all matters regarding it except to the extent that we invoke the jurisdiction of the Courts of any other country.

Partners SJ and MA Lane
JapanGarden.co.uk
01531 630091

25 Pound Meadow, Ledbury, HR8 2EU

Current 2003/4/5/6/7/8/9/10/11/12/13/14/15/16/17/18/19/20/21/22/23/24