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Pentaprise Ltd t/a TreeMarker.co.uk

Please read the following important terms and conditions before you buy anything on our site.

Summary of your key rights when you are contracting as a consumer:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving goods, in most cases, a Consumer can change his or her mind and get a full refund.

The Consumer Rights Act 2015 says goods that are sold to consumers must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of a product consumers are entitled to the following:

up to 30 days: if the goods are faulty, then a consumer can get a refund;
up to six months: if the faulty goods can't be repaired or replaced, then a consumer is entitled to a full refund, in most cases;
up to six years: if the goods do not last a reasonable length of time, a consumer may be entitled to some money back.

This is a summary of some your key rights where you are a consumer. For detailed information from Citizens Advice please visit www.adviceguide.org.uk or call 03454 04 05 06.

The information in this summary box summarises some consumer rights. It is not intended to replace the contract below which you should read carefully.

This contract sets out:

  • your legal rights and responsibilities,
  • our legal rights and responsibilities, and
  • certain key information required by law

In this contract:

  • We, us or our means Pentaprise Limited;
  • You or your means the person or trader using our site to buy goods from us;
  • Consumer means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession; and
  • Trader means a person acting mainly for purposes relating to that person’s trade, business, craft or profession.

If you don't understand any of this contract and want to talk to us about it, please contact us by:

  • e-mail sales@treemarker.co.uk (we read and respond to emails from Monday to Friday: 8:30am to 5pm), and
  • telephone 01727 575460 (Monday to Friday: 8:30am to 5pm). We may record calls for quality and training purposes.

Who are we?

  • We are registered in England and Wales under company number: 11951185.
  • Our registered and trading office is at: C/O Cox Costello, Basing House, 46 High Street, Rickmansworth, Hertfordshire, WD3 1HP.
  • Our VAT number is: GB 321 6303 47.

1. Introduction

  1. If you buy goods on our site you agree to be legally bound by this contract.
  2. If you are a trader clauses 9.1, 10.1, 10.2, 13.3.2 do not apply to you and are excluded.

2. Information we give you

  1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. To access this information please client ‘Sign-in’ and enter your email and password (you will need to register an account with us first).
  2. The key information we give you by law forms part of this contract (as though it is set out in full here).
  3. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3. Ordering goods from us

  1. Below, we set out how a legally binding contract between you and us is made.
  2. You place an order on the site by visiting www.treemarker.co.uk. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
  3. When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
  4. We may contact you to say that we do not accept your order.
  5. We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
  6. a legally binding contract will be in place between you and us, and
  7. we will process your order.
  8. It is agreed that we may accept part of your order only and part deliver your goods.
  9. If you are under the age of 18 you may not buy any goods from the site.

4. Right to cancel this contract

  1. You have the right to cancel this contract within 28 days without giving any reason.
  2. The cancellation period will expire after 28 days from the day you receive the goods.
  3. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email).
  4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

5. Effects of cancellation

  1. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
  2. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
  3. We will make the reimbursement without undue delay, and not later than:14 days after the day we received back from you any goods supplied, or (if earlier) 14 days after the day you provide evidence that you have returned the goods, or if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
  4. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
  5. If you have received goods:
  • 5.1. you shall send back the goods to us at our address stated above, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
  • 5.2. you will have to bear the cost of returning the goods;
  • 5.3. you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

6. Delivery

  1. Wherever practical we use Royal Mail to deliver consignments classifiable as Letters, Large Letters, Small Parcels or Medium Parcells, and a mix of Hermes, Collect+ and UK Mail for all other consignments, to deliver our goods.
  2. For goods ordered before 4pm, Monday to Friday, we aim to dispatch the same working day for delivery within 4 working days to UK Mainland postcodes, with an anytime delivery window. Orders placed after 4pm or at the Weekend or on a Bank Holiday will be processed and dispatched the next working day.
  3. If you select a “RM 24 Next Day” delivery option, we will send your parcel using the Royal Mail Tracked 24 service, whereby Royal Mail will endeavour to deliver your parcel on the next working day, but this is not guaranteed.
  4. If you require a Guaranteed Next Day delivery, please select the “Guaranteed Next Day” delivery option at the checkout, if available, and submit your order before 12pm to ensure that we meet the cut-off time with Royal Mail. We will then send your parcel using the “Royal Mail Special Delivery Guaranteed by 1pm” service.
  5. If you require a more specific time window please telephone us on 01727 575460 to discuss your requirements and place your order.
  6. If something happens which is outside of our control, and affects the estimated date of delivery, we will let you have a revised estimated date for delivery of the goods.
  7. Delivery of the goods will take place when we deliver them to the address that you gave to us.
  8. Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will let you know, cancel your order, and give you a refund.
  9. If nobody is available to take delivery, please contact us using the contact details at the top of this page.
  10. If we have made more than two attempts to deliver goods to you but have not been able to do so for reasons outside of our control (e.g. you have not be available to accept the goods from our delivery agent) you agree that you will be liable for any additional delivery costs that we incur.

7. Risk and ownership

  1. You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
  2. The ownership of all goods that we have delivered to you remains with us until: full payment is received by us for the goods; and full payment is received by us for all of the goods that we have supplied to you.
  3. We shall have the right to repossess without notice or other formality any goods where we have retained ownership as set out in clause 7.2.
  4. You grant us or our authorised representative a licence to enter your premises at any time using reasonable force (which may include breaking locks) for the purpose of repossessing the goods that have been delivered you, with or without any materials attached to them.
  5. You shall procure the granting of a licence to us from any party that is in possession of the goods that have been delivered by us, to enter its premises at any time using reasonable force (which may include breaking locks) for the purpose of repossessing such goods with or without any materials attached to them.
  6. Until ownership of the goods has passed to you, you must maintain the goods in satisfactory condition insured on our behalf for their full price against all risks. On request you shall produce the policy of insurance to us.

8. Payment

  1. We accept most credit cards and debit cards. We do not accept cash.
  2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
  3. Your credit card or debit card will only be charged when the goods are ready for dispatch. Where we have agreed to offer credit to you we will collect payment on the payment dates that we have agreed.
  4. All payments by credit card or debit card need to be authorised by the relevant card issuer.
  5. If your payment is not received by us and you have already received the goods, you must pay for such goods within 5 days, or must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
  6. If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
  7. Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 4 and 5.
  8. The price of the goods is in pounds sterling (£)(GBP); includes VAT at the applicable rate; where stated includes the cost of delivering the goods.
  9. We reserve the right to vary the price of the goods after the date the goods are ordered but before we supply the goods by written notice to you. You shall have the right within 28 days of receipt of such notice to cancel the order and obtain reimbursement of any money that you have paid. If you fail to give such notice the price as varied by our notice shall become the correct price you shall be obliged to pay that price.

9. Nature of the goods (Clause 9.1 does not apply if you are a trader)

  1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods are of satisfactory quality, are fit for purpose, match the description, sample or model, and are installed properly (if we install any goods).
  2. We must provide you with goods that comply with your legal rights.
  3. The packaging of the goods may be different from that shown on the site.
  4. While we try to make sure that: all weights, sizes and measurements set out on the site are as accurate as possible; the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
  5. Any goods sold at discount prices, as remnants, as substandard; will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
  6. If we can't supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case we will let you know if we intend to do this but this may not always be possible; you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

10. Faulty goods (Clauses 10.1 and 10.2 do not apply where you are a trader)

  1. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please contact us using the contact details at the top of this page, or visit the Citizens Advice www.adviceguide.org.uk or call 03454 04 05 06
  2. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
  3. Please contact us using the contact details at the top of this page, if you want: us to repair the goods; us to replace the goods; a price reduction; a refund.

11. End of the contract

  1. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

12. Limit on our responsibility to you

12.1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

  1. Losses that: were not foreseeable to you and us when the contract was formed; that were not caused by any breach on our part;
  2. losses suffered by traders that fall into the following categories:
  3. consequential or indirect losses; or
  4. loss of profits; or
  5. damage to reputation; or
  6. loss of anticipated savings.

12.2. where you are a trader our maximum liability to you (save for losses that cannot be excluded at law) shall be the higher of: (a) £10,000 and (b) the price you paid for the goods that relate to your claim against us.

13. Disputes (Clause 13.3.2 does not apply where you are a Trader)

  1. We will try to resolve any disputes with you quickly and efficiently.
  2. If you are unhappy with: the goods; our service to you; any other matter; please contact us as soon as possible.
  3. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will: let you know that we cannot settle the dispute with you, and give you certain information required by law about our alternative dispute resolution provider which is run by the Retail Ombudsman www.theretailombudsman.org.uk.
  4. If you want to take court proceedings, the relevant courts of England will have exclusive jurisdiction in relation to this contract. English law will apply to this contract.

14. Third party rights

  1. No one other than a party to this contract has any right to enforce any term of this contract

15. Severance

  1. If any provision of these terms are found to be contrary to law or unenforceable, that provision shall be deemed to be deleted and the remainder of these terms shall remain in force.