Terms & Conditions

Terms & Conditions of Sale

For consumers within the meaning of Section 2 (3) of the CRA 2015

These Terms and Conditions are solely for Consumers – A private individual making a purchase that is primarily not for their work (Section 1.2 below). If you are not a Consumer, then our Standard/Business Terms and Conditions will apply. These can be found on the Trade Menu and Footer.

Full terms and conditions for the contract of Sale of Goods between the Company and the Buyer are as follows:

1. Definitions

  • 1.1 “The Company” means Crestala Fencing & Construction Co Ltd.

  • 1.2 “The Buyer” means only the individual, acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession (that is, a consumer within the meaning of Section 4 of the CRA 2015) to whom the Goods are supplied.

  • 1.3 “The Goods” means any goods, materials & accessories supplied by the Company to the Buyer.

  • 1.4 “The Contract” means any agreement for the purchase of Goods between the Buyer and the Company.

  • 1.5 “Bespoke Goods” means Goods that are made in accordance with any specifications provided by the Buyer, such as, by way of example and without limitation, colour or measurements.

2. Existence of Contract

  • 2.1 Any written quotation issued by the Company shall constitute an invitation to treat. No binding Contract shall be created by the placing of an order by the Buyer until acceptance by the Company has been confirmed, or the Buyer collects the Goods, or the Company has delivered the Goods to the Buyer.

  • 2.2 These terms and conditions shall apply to all Contracts for the sale of Goods by the Company to the Buyer to the exclusion of all other terms and conditions, including any terms or conditions which the Buyer may purport to apply under any purchase order or similar document.

  • 2.3 All orders for Goods shall constitute an offer by the Buyer to purchase the Goods subject to these terms and conditions, which shall be deemed accepted by the Buyer upon the making of such offer.

  • 2.4 Special or Made-to-order items may be subject to special conditions of sale, which will be agreed upon at the time of quote or order.

  • 2.5 Particulars contained in any advertising, website, catalogues or other publications supplied by the Company are only for the general guidance of the Buyer (including any references to weights, dimensions or performance), nor shall any verbal representation by any employee or agent of the Company form part of the Contract. Nor shall they be treated as constituting a representation on the part of the Company.

  • 2.6 The Buyer is responsible for the timely provision of any applicable accurate drawings or specifications required by the Company to enable it to fulfil the Contract.

3. Amendments and Cancellation of Orders/Contracts

  • 3.1 If the Buyer placed their order(s) for non-Bespoke Goods at a distance (for example by phone, email or through our website) the Buyer has a cancellation period which ends 14 days after the day on which the Goods come into the physical possession of the Buyer, or a person (other than the carrier) identified by the Buyer to take possession of them.

  • 3.2 If multiple Goods are ordered by the Buyer in one order but some are delivered on different days, the cancellation period ends at the end of 14 days after the day on which the last of the Goods comes into the physical possession of the Buyer, or a person, other than the carrier, identified by the Buyer to take possession of them.

  • 3.3 The Buyer must notify the Company of their intention to cancel the order within the deadline to the following email address: sales@crestalafencingcentre.co.uk

  • 3.4 The Company will reimburse all payments, including delivery, received from the Buyer.

    • You are legally required to take reasonable care of the Goods while they are in your possession.

    • We may deduct a reasonable amount from any reimbursement if the Goods are returned soiled or in a condition that prevents resale.

  • 3.5 The Buyer shall bear the responsibility and costs of returning the Goods. If the Company is required under this provision to collect the Goods, the cost thereof shall be borne by the Buyer. This cost will be the current standard delivery cost for the collection address postcode, as published in our Delivery Information, which can be found in the About Menu.

  • 3.6 The provisions outlined in this clause (3.6) shall only apply if the Buyer purchases Bespoke Goods made to your specifications or personalised for your order, or subject to special conditions of sale. (Para 1.5 & 2.4). As a result, the Buyer shall not have the right to cancel under Regulation 29 of the CCR 2013. In any case, these provisions shall not be construed as limiting or affecting the rights conferred to Buyers under any applicable law.

    • 3.6.1 The Contract may not be cancelled or varied by the Buyer except with the written consent of the Company.

4. Prices

  • 4.1 Prices used will be those ruling on the date ordered unless otherwise agreed in writing. The prices are exclusive of VAT, which shall be due at the rate ruling on the date of the VAT invoice.

  • 4.2 The Company shall have the option of supplying Goods ordered in imperial measurements with the nearest equivalent metric measurement and the Goods priced accordingly.

5. Settlement Terms

  • 5.1 Unless otherwise agreed in writing by the Company, all non-account orders for Goods must be paid in full when collected or delivered.

  • 5.2 If the Buyer fails to pay the money for any Goods on the due date or fails to pay any sum due to the Company under any Contract on the due date all sums outstanding between the Buyer and the Company shall become immediately payable and the Company shall be entitled to do any one or more of the following (without prejudice to any other right or remedy the Company may have):

    • 5.2.1 Require payment in full in advance of any collections or deliveries.

    • 5.2.2 Cancel or suspend any further collections or deliveries to the Buyer without liability to the Company.

    • 5.2.3 Without prejudice to the generality of term 7 of these terms and conditions, exercise any of the Company’s rights pursuant to that clause.

6. Terms of Supply and Delivery

(See also the website Delivery information)

  • 6.1 Times and dates quoted by the Company for the supply of Goods are intended as estimates only, and time is not of the essence of the Contract.

  • 6.2 Where delivery of the Goods is contemplated, the Company shall inform the Buyer of the time scheduled for delivery.

  • 6.3 The Company reserves the right to supply Goods in instalments and to issue a separate invoice for each instalment. Where the Goods are supplied in instalments, the Contract shall become severable, and each instalment shall be deemed to be the subject of a separate Contract.

  • 6.4 If the Buyer neglects or refuses to take delivery of or pay for one or more instalments, the Company may:

    • 6.4.1 Be entitled to treat the whole Contract as at an end, or

    • 6.4.2 If it is a severable breach, have a claim for damages.

  • 6.5 The Company reserves the right to apply a delivery surcharge as notified from time to time.

  • 6.6 Delivery addresses are to be within the Company’s published delivery area. (Delivery to other areas by special arrangement only).

  • 6.7 Deliveries will be at the Buyer’s premises or at an address agreed at the time of ordering. The Buyer will notify the Company of any access limitations at the time of ordering.

  • 6.8 Deliveries will be made to the front or roadside of the property, accessible via a good, hard road, and offloading will occur adjacent to the vehicle's near side. Goods cannot be moved over long distances. The Buyer may provide labour to assist with unloading or moving the Goods. If the delivery vehicle cannot be unloaded within a reasonable time, or if it returns without unloading, or additional staff are needed, an extra charge may apply. The Goods may be heavy, large, and difficult to handle. Anyone assisting the driver with unloading does so at their own risk and should be familiar with manual handling and risk assessment techniques, having received appropriate training. The Buyer accepts responsibility for all claims, damages, and liabilities arising from anyone assisting with unloading.

  • 6.9 Once the Goods have been delivered, the Buyer is responsible for compliance with all regulations and for taking all the necessary steps to ensure the protection and safety of persons and property.

  • 6.10 If Goods are collected from the Company, then the Buyer is solely responsible for the weight, size, positioning and restraint of the load on the vehicle.

7. Property and Risk

  • 7.1 The risk of loss of or damage to the Goods shall pass to the Buyer when they come into the physical possession of:

    • 7.1.1 The Buyer, or

    • 7.1.2 A person identified by the Buyer to take possession of the Goods.

  • 7.2 The subsection above does not apply, with the consequence that the Company bears no further risk once the Goods are made available to the carrier, if the Goods are delivered to a carrier who:

    • 7.2.1 Is commissioned by the Buyer to deliver the Goods, and

    • 7.2.2 Is not a carrier the Company named as an option for the Buyer.

  • 7.3 The above provision shall in no way limit the carrier’s liability, if any, towards the Buyer.

  • 7.4 Property and ownership in the Goods shall, notwithstanding collection or delivery of the Goods by/to the Buyer, not pass from the Company until the Buyer shall have paid the Company in full pursuant to clause 5.

  • 7.5 The Company shall be entitled at any time to recover any or all of the Goods in the Buyer’s possession to which the Company has title.

8. Claims for Defects, Damage or Non-Delivery

  • 8.1 The Company has a legal duty to supply Goods that conform to the terms of the Contract of Sale of the Goods.

    • 8.1.1 The Buyer shall inspect the Goods upon collection or delivery and before they are used in any way. The Buyer shall notify the Company of any alleged defect, shortage in quantity, or failure to comply with the description or sample. The Buyer shall give the Company an opportunity to inspect such Goods at the Company's premises, the Buyer’s premises, or the delivery site within a reasonable time after collection or delivery.

    • 8.1.2 If no notification is received, the Goods shall be presumed to be free from any shortage, defect or damage that would be evident on a reasonable examination, and the Buyer shall be deemed to have accepted the Goods.

  • 8.2 In the unlikely event that the Goods do not comply or there is a shortage, then notify the Company by emailing sales@crestalafencing.co.uk.

    • 8.2.1 The Company will contact the Buyer to discuss and find an acceptable solution. This may include, but is not limited to, repair, replacement, partial or full refund.

  • 8.3 Timber is a natural material (Para 16. Materials refers) and may naturally change colour over time. It can also develop mould on the surface or suffer from warping, cracks, and splitting due to expansion and contraction. Since these issues are beyond the company's control, it will not be responsible for any damage or loss that may occur. (Help sheet, The Characteristics of Timber, has more information).

9. Limitation of Liability

  • 9.1 The Company’s liability to the Buyer, whether for any breach of the Contract or otherwise, shall not, in any event, exceed the Contract price. The Company shall be under no liability for any consequential or indirect loss suffered, or liability to third parties incurred by the Buyer.

    • 9.1.1 The Company does not restrict or exclude liability for death or personal injury caused by the negligence of the Company.

    • 9.1.2 This clause does not affect the statutory rights of a Buyer dealing as a consumer as defined in Sections 2 and 4 of the CRA 2015.

10. Force Majeure

  • 10.1 The Company shall not be liable for failure to deliver the Goods for any reason whatsoever outside the reasonable control of the Company including, without limitation to the generality of the foregoing, industrial action, war, storm, fire, explosion, flood, governmental actions or regulation, act of God, riots, strikes, lock-outs, or non-availability of stocks or materials. Any failure of this type shall not affect the obligation to pay for Goods already delivered.

11. Compliance with Statute

  • 11.1 The Buyer is responsible for ensuring that the use of the Goods complies with all and any relevant statutes, statutory instruments and regulations having the force of law and any relevant British Standard and shall fully indemnify the Company against all costs, claims, expenses, and liabilities suffered or incurred by the Company as a result of any non-compliance by the Buyer.

  • 11.2 The Company does not guarantee or warrant that any products sold comply with or meet British Standards or any other specific standards, unless agreed by the Company in writing when the order was accepted.

12. Severance

  • 12.1 Any provision or term used in these terms and conditions which is or may be void or unenforceable shall, to the extent of such invalidity or unenforceability, be deemed as severable and shall not affect any other provision.

13. Waiver

  • 13.1 No waiver or forbearance by the Company, whether express or implied, in enforcing any of its rights hereunder shall prejudice its right to do so in the future.

14. Notices

  • 14.1 Any notice required or permitted to be given by either party to the other under these terms and conditions shall be in writing, addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this condition to the party giving the notice.

15. Assignment

  • 15.1 The Buyer may not assign, subcontract, or in any way dispose of its right or obligations under the Contract without the prior written consent of the Company.

16. Legal

  • 16.1 All aspects of the Contract shall be governed by English law, and the parties submit to the exclusive jurisdiction of the English courts.

17. Materials

  • 17.1 The Company reserves the right to amend the product specifications, having first informed the Buyer, who shall have the right to object.

  • 17.2 Timber is a natural product (Para 8.4 Claims for Defects refers) and, as such, can absorb or release moisture under certain conditions. These natural processes are generally not detrimental, but some movement in the timber may be unavoidable. This can include checks, splits, or shakes, particularly on larger sections such as posts, and does not impact the product's performance or lifespan.

  • 17.3 The temporary distortion of treated timber, particularly fence panel slats and feather-edge boards, due to high temperatures and rapid drying of the Goods is beyond the control of the Company and shall not be regarded as a defect of the product, nor in any event as a breach of this Contract. Accordingly, in each of these circumstances, the Company cannot be held liable for breach of contract.