Definitions

"Bench" means a large seated items of furniture including, but not limited to Benches, Chairs and Day Beds; "Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us" means Memorial Benches UK; "Website" means the website located at www.memorialbenchesuk.co.uk or any subsequent URL which may replace it; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands "You" means a user of this Website. 

 

Simplified T's & C's

If you are purchasing a Teak wood product, please be aware that there are natural colour variations & grain patterns.

We allow a small gap of 1-2mm at the joints to accommodate the natural expansion and contraction of the wood, which is a normal occurrence. Rest assured, this will not affect the structural integrity of the bench in any way.

Our teak benches are crafted with exquisite attention to detail, showcasing the natural beauty of the wood. It is important to note that our benches do not come with colour-matched dowels, as we believe in celebrating the unique characteristics of wooden furniture. Due to the inherent nature of wood, there may be variations in colour from piece to piece, adding to the individuality and charm of each bench.

Left untreated, teak wood will naturally turn pale then grey.

If you have selected any personalisation, we reserve the right to make minor adjustments for best fit and to improve appearance.

We do not offer a spelling / grammar / punctuation checking service. We simply cut and paste your text when engraving.

If you have purchased a cushion, colours may vary slightly depending on your screens brightness, colour and contrast settings.

Our delivery partner offers 2 options; Premium delivery anytime between 08.00-12.30

and

Standard delivery anytime between 08.00-18.00

If you have submitted a valid delivery mobile phone number, subject to mobile reception, you will receive a notification on the day with a 2hr estimated delivery time slot.

We endeavour to meet your chosen delivery date, however, if you are purchasing for a special occasion we advise selecting a date at least a few days prior to allow for unforeseen delivery issues.

Your Bench will be delivered, by our delivery partners franchised local depot, fully assembled; glued, dowelled and fine sanded.

Due to the size, your Bench will arrive on a pallet. - Delivery is 1 man, kerb side, unloaded with a pallet truck.

The driver will always try and move the pallet truck as close as he can for you but please be aware that the driver is NOT INSURED to help lift your bench to its final resting place and also may have an EXISTING HEALTH ISSUE preventing them from assisting you.

Our benches are heavy so we advise getting an extra set of hands.

You must inform us immediately of any access issues to the delivery address. Our partner must have vehicle access the same size a standard refuse lorry.

Failed deliveries through no fault of our delivery partner such as, but not limited to; access, incorrect delivery address / phone number or recipient unable to take delivery, will attract a redelivery charge.

Our Benches, when left outside over a period of months / years, will attract algae, lichen and dirt as they go through an ageing process which may also include; Fine Line or End Grain Movement and silvering. This is a purely natural process which will not affect its structural strength and as such we take no liabilty for benches that have gone through or are going through this process.

 

Memorial Benches UK Data Protection

General Data Protection Regulation (GDPR) 2018

We will keep you up to date with our news and offers ONLY if you have opted to receive this. Your name and address will not be given or sold to any 3rd parties. You have the right to access details of the personal information we are holding and to correct any discrepancies in that information. Should you wish to access your personal information, please confirm in writing to us.

How to Order

All of our products are available to purchase on line through our secure shop. We do not take orders over the phone. We recommend that customers review their orders carefully before placing them to avoid the need for cancellation. It is the responsibility of the customer to ensure that all order details, including delivery dates and product selections, are accurate at the time of purchase.

Payment

Our encrypted security procedures have been implemented by LLOYDS TSB and run through OPAYO. Add your purchase to your basket and follow the simple steps. An automatically generated invoice / order acknowledgment will be emailed to you detailing your purchase. If this does not arrive within a few minutes of completing your online purchase, please check your spam/trash/junk folder

If you have selected to pay by Bank Transfer in checkout, funds must received in full no later than 24hrs after receiving your automatically generated invoice / order acknowledgment otherwise we will not be able to meet your requested delivery date.

Our Business Details:

Company Registration Number: 4200474

ATEX (UK) Ltd trading as Memorial Benches UK

VAT no: GB834366812

 

Website Terms and Conditions

These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.

Before you place an order, if you have any questions relating to these terms and conditions please contact us.

Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration

You warrant that: The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and You will notify us immediately of any changes to the Personal Information by e-mail; mail @memorialbenchesuk.co.uk You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our Rights

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. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Purchase of products

 

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. 

If you have selected any personalisation, we reserve the right to make minor adjustments for best fit and to improve appearance.

We do not offer a spelling / grammar / punctuation checking service. We simply cut and paste your text when engraving.

Any change to your original website order including but not limited to; address, phone number, order addition, order subtraction, text, grammar, delivery date must be completed using the link below;

MEMORIAL BENCHES UK CHANGE FORM

 

Delivery Terms

We will endeavour to deliver your Bench on the date you have specified during the online ordering process, however, the delivery date selected is our target delivery date and whilst we do everything we possibly can to meet such dates, we do ask you to understand that this date is an estimate and a statement of our intent.

Our standard delivery service will arrive between 08:00 and 18:00

Our premium delivery service will arrive between 08.00 and 12.30

If you have submitted a valid delivery mobile phone number, subject to mobile reception, you will receive a notification on the day with a 2hr estimated delivery time slot.

The Delivery Network we use dictates their terms and conditions to us, which whilst sometimes inconvenient, we simply have no power or authority to force changes upon them.

Our Partner will leave your pallet in a place they deem as 'safe' if you are unable to meet the delivery on the day.

Failed deliveries through no fault of our delivery partner such as, but not limited to; incorrect delivery address / phone number or recipient unable to take delivery, will attract a redelivery charge to start the delivery process again.

Deliveries

If you find that your order has only been partially delivered, this may be because other items are being dispatched from a different location. If your order is obviously incomplete or over-delivered you must inform us IMMEDIATELY by telephone during our published office hours or email: mail @memorialbenchesuk.co.uk

If a delivery is made by a third party carrier, it is your responsibility to check the item for any visible damage before you sign for it. If for any reason you are unable to check the items there and then, you must sign for as 'goods received as unchecked'.

All items, including signed for as unchecked, must be fully inspected within 48hrs of receipt. We must be contacted immediately if there appears to be any damage or faults. We will not be held responsible for any claims to cover costs of returning goods if we have not been notified within the above timescales.

None of the above conditions affect your statutory rights when goods are faulty, or not as described.

Delivery Access

All deliveries of Benches (and large furniture items) are dispatched on pallets and made by large vehicles (minimum size of a refuse lorry).

If our delivery partner cannot access the delivery postcode, and we have not been informed of any restricted access prior to delivery, you will incur a redelivery charge to supply a smaller vehicle for a second delivery.

If you are aware of an access issue to the delivery address, please advise us of an alternative address where there will be appropriate access to fulfil the delivery. This could be a local neighbour, family member or friend. Movement from this location to the end location will need to be transported at your own discretion.

 

Returns

 

Faulty Items:

If you feel a return is necessary, a cost will incur for the returning of goods to our warehouse. The cost of the return will be the same as the original price paid for delivery. This is to be paid by the customer in advance.

Upon inspection of the item, if the fault is with ourselves or our delivery partner we will then refund the delivery amount in full within 14 working days.

If there is a fault or damage, which is covered within your warranty, we will refund the delivery amount in full within 14 working days.

Non Faulty Returns:

If a return is necessary for a non-faulty item, a cost will incur for the returning of goods to our warehouse.

The cost will be the same as the original price paid for delivery. This is to be paid by the customer.

A non-faulty item includes, but is not limited to, duplicate orders and or change of mind.

*We are unable to accept any non fault returns if the item purchased has been personalised in any way*

The returned item must be in resalable condition

Once the goods have been received at our warehouse, we will issue the refund amount within 14 working days

 

Cancelling a Bench Order

 

Non-Personalised Orders

All non-personalised orders can be cancelled up to 72 hours before the requested delivery date for a full refund

Non-Personalised Order with less than 72hrs notice

Our dispatch process starts 72hrs before the requested delivery date. At this stage we start to incur costs associated with the delivery for example but not limited to; labour, construction, materials, packaging, administration. As such the order value, excluding any delivery associated fees, will be refunded.

If you do wish to cancel a non-personalised order with less than 72 hours notice before the requested delivery date, the following conditions apply:

If your Bench HAS NOT LEFT OUR WARHOUSE

(but has been prepared for collection) you will be refunded the order value;

Less £25.00

or

If your bench HAS LEFT OUR WAREHOUSE

you will be refunded the order value;

Less the outgoing delivery charge

and

Less the return carriage charge

(at cost and with proof of invoice from our delivery partner)

 

Personalised Orders

You must call our office immediately if you wish to cancel an order that you have requested to have a personalisation to check if your order has been engraved. If it has been engraved, regretfully we will not be able to issue any form of a refund.

 

HOW TO PROCEED WITH A RETURN

Use the link below to start a return:

MEMORIAL BENCHES UK RETURN FORM

 

Your 10 year Structural Guarantee

We go to great lengths to ensure that everything we sell is of the highest quality - so much so that we guarantee the STRUCTURE of all our Teak Wooden Benches, Teak Wooden Chairs and our Pro Fixing Stainless Steel fixings for 10 years from the date of the delivery.

Our 10 year STRUCTURAL guarantee only covers our benches and chairs supplied fully assembled by ourselves and is an extra benefit in addition to your normal statutory and legal rights.

Your 2 year Structural Guarantee

We cover all of our Pro Comfort Cushions, and guarantee the STRUCTURE of all our smaller Teak Wooden accessories, against faulty manufacture for 2 years from the date of the delivery.

Your Manufacturers Guarantee

All Bosmere and Barrettine items are covered by their manufacturers guarantee, details available upon request

Terms and Conditions

You must supply us with sufficient photographic evidence of the fault, either via email or post, along with proof of purchase and a contact number in order for us to assess any claim. Alternatively you can arrange to return the item to our workshops for us to carry out an assessment in person.

Structural Claim

If your claim is upheld, we will arrange to collect your bench or chair (or refund the delivery charges if you have sent the goods back to us for inspection) and return it to our workshop at our expense. We will carry out the necessary repair / replace a component part / replace the bench or chair with a new one at our expense. We will arrange to return your bench or chair at our expense.

We will carry out all structural claims within a reasonable time frame.

We can only collect/return your bench or chair from the address that we originally delivered to.

Fair wear and tear in normal conditions is excluded.

Vandalism is excluded.

Natural end grain movement and minor wood imperfections are excluded.

Proof of purchase is the responsibility of the purchaser.

The guarantee is non-transferable and valid from the date of original purchase only.

Consistent with meeting its obligations under this guarantee, Memorial Benches reserves the right to undertake the least cost option to itself. This may involve rectifying the problem, arranging for the unsatisfactory component to be replaced or refunding part of the original purchase price.

If goods are exchanged, or a total refund is given, the goods that are deemed faulty revert to the ownership of Memorial Benches UK.

The amount of any claim under the guarantee shall be limited to the original purchase price paid for the unsatisfactory merchandise.

This guarantee does not extend to goods which are taken outside the UK.

The guarantee may be invalidated if the purchaser does not follow or carry out proper care procedures as outlined in the 'product care section' of this leaflet or in accordance with the manufacturer's recommendations where applicable, or where the product has been adapted, abused or altered.

The above conditions relating to Memorial Benches UK 10 year structural guarantee are not intended to affect your statutory consumer rights under the Sale and Supply of Goods to Consumer's Regulations 2002.

 

General

 

Trade

Subject to passing a credit application for a Trade account the following Terms & Conditions will apply;

Strictly Net 30 Days - Payment is due, in full, within 30 calendar days.

Supply of any further goods or services will stop immediately if there is failure to pay, in full, within this time frame.

Supply of any further goods or services will stop immediately if there is failure to pay, in full, within this time frame. Once remittance has been received in full, trade can continue on a 'cash' basis.

 

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforce-ability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Memorial Benches UK and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.