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Terms & Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Products ("Products") listed on our website www.apsgardenmachinery.co.uk ("our site") to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

By clicking on the 'Confirm Order' button you agree to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

Information About Us

APSGardenMachinery.co.uk is a division of A Pamphilon and Sons (Walthamstow) Ltd (00703220) a company registered in England and Wales whose registered office is Unit 5, Old Station Yard, 186 Wood Street, Walthamstow, London, E17 3NZ (the "Company", "APS", "we" and "us"). For communication purposes please contact APS at the registered office address, telephone 0208 520 3929 or Contact Us by email.

Service Availability

Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside of the United Kingdom. To place an order from outside the United Kingdom please Contact Us directly.

Your Status

By placing an order through our site, you warrant that:

a) you are legally capable of entering into binding contracts;
b) you are at least 18 years old; and
c) you are resident in the United Kingdom.

Contract Formation

Upon receipt of your order we will, as soon as is reasonably practicable, send you confirmation by e-mail whether we accept your order. Each order for Products shall be deemed to be an offer by you to buy Products from us subject to these conditions. No contract for the supply of Products will subsist between you and us until we accept your order by e-mail ("Acceptance Email").

Our acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when we send the Acceptance Email to you (whether or not you receive that Acceptance Email). The quantity and description of the Products to be supplied shall be as set out in such Acceptance Email and we will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Acceptance Email. The contract between us will only be formed when we send you the Acceptance Email.

All such contracts shall be on these conditions to the exclusion of all other terms and conditions. Any variation to these conditions and any representations about the Products to be supplied shall have no effect unless expressly agreed in writing.

Disclaimer

The Company, its officers, employees and agents have taken every care in the preparation of the content of this website. To the extent permitted by applicable law, the Company disclaims all warranties, conditions and terms, whether express or implied, as to the accuracy of the information contained on this website or the information, content, materials or Products included in this website, including, without limitation, warranties of merchantability, satisfactory quality and fitness for a particular purpose. In addition, the Company does not represent or warrant that the information accessible via this website is accurate, complete or current. All such information is provided for the sole purpose of giving an approximate idea of the Products described in them and shall not form part of any contract.

Our Liability

To the fullest extent permitted at law the Company, its officers, employees and agents shall not be liable for any loss or damage arising out of, or in connection with:

(a) the use of this website or the information, content, materials or Products included on this website;
(b) any breach of these terms and conditions or any contract;
(c) any use made or resale by you of any of the Products supplied by the Company; and
(d) any representation, statement or tortious act or omission including negligence arising under or in connection with any contract.

This is a comprehensive limitation of liability and it applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt the Company does not limit its liability for:

(a) death or personal injury to the extent only that it arises as a result of the negligence of the Company, its officers, employees or agents; or
(b) for any liability incurred by the Customer as a result of any breach by the Company of section 2 of the Supply of Goods and Services Act 1982, section 12 of the Sale of Goods Act 1979 or the Consumer Protection Act 1987;
(c) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.

Subject to the above the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the Price.

Unless otherwise specifically stated this website is directed solely at those who access this website from the United Kingdom mainland.

Security

If you decide to buy Products from the Company, during the ordering process, you will be transferred to the Paypal secure payment site to enter your credit/debit card details. We will not be given your credit/debit card number. If you have any security concerns please do not hesitate to contact us. We recommend that you make all payments using the Paypal secure payment system. If you send us credit/debit card details using e-mail your details will not be encrypted and the Company cannot be held responsible for the security of the information you provide.

IMPORTANT NOTE: Address Details

Please take particular care with regards to entering your personal address information on Paypal. If your house has a name and a number then it is imperative that both are entered when inputting your address. Also, please take care to enter the post code correctly. Your address details MUST EXACTLY MATCH the billing address of your credit/debit card as recorded on your monthly statements. Payment will be rejected if these details do not match.

Accepted Methods of Payment

Card Payments - All orders placed via our website must be paid for by UK issued credit/debit card with a UK billing address. We reserve the right to void or refund any payments made which do not fulfil these criteria. Card types accepted by Paypal (our secure payment service provider) are Mastercard, Solo, UK Maestro, Visa Credit, Visa Debit/Delta and Visa Electron.

Bank Transfer - We can also accept payment by bank transfer (BACS/electronic transfer) directly into our bank account. If you wish to pay for Products this way please contact us and request to do so. We can supply our bank details so that you can make the necessary arrangements.

Non-UK orders - We can supply Products to many countries outside of the UK. Please contact us for a quotation for carriage costs. It is our policy that payment for export orders of this type must be by bank transfer only. We do not accept card payments for export orders.

Orders will not be dispatched until payment has been received in full and in cleared funds by the Company.

Pricing

The price of any Products will be as quoted on our site from time to time, except in the case of manifest error. Prices and availability of Products are subject to change without notice. All prices include VAT but delivery may be payable and will be added to the total amount due from you.

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Acceptance E-mail, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Images

Images on our website are reproduced courtesy of the manufacturers/suppliers of the Products pictured and all intellectual property rights (including copyright) remains with them. Images are for illustration purposes only and the actual Products may differ from the images shown.

Cancellation Rights

You have the right under the Consumer Protection (Distance Selling) Regulation, to cancel your order within 7 working days, commencing from the day after the day you receive the Products. However, you must ensure that the Products remain unused and are retained in their original packaging. You must return the Products within 15 days of the date of their delivery to you, to the address specified by us at your own cost and risk. Before cancelling an order please contact us on 0208 520 3929 so that we may provide you with a unique returns number.

Returns Policy

We only accept returns of Products that have been opened if they are faulty or defective. In the case of faulty or defective Products, before returning the Products please contact us on 0208 520 3929 so that we may provide you with a unique returns number.

When returning the Products please provide a full description of the fault and return the defective Products to us in their original packaging together with all warranty documents, manuals and accessories and any free gifts supplied. For your protection we would recommend that you use a Recorded Delivery Service and the Products must be returned to the address specified by us at your own cost and risk.

IMPORTANT NOTE: Oil and Petrol

When returning any petrol powered Products all oil and petrol MUST be drained from the engine before you release the Products to a carrier. This is for the safety of the carrier firm.

Refunds Policy

When you return a Product to us:

(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see "Cancellation Rights" above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

(b) for any other reason (for instance, because you have notified us in accordance with the "Changes to these terms and conditions" paragraph below that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective on delivery), we will examine the returned Product and will notify you if:

  1. we consider that the Product is not defective and provide the reasons why we consider this to be the case. You will then have 7 days in which to provide a response to this decision. If we still consider that the Product is not defective you will be required to arrange for the Products to be collected at your own cost;
  2. we consider that the Product is faulty but that the fault is covered by warranty (see section entitled "Warranty" below);
  3. we consider that the Product was defective on delivery. If we consider that you are entitled to a refund we will confirm this via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect (in circumstances where we have confirmed you are entitled to a refund) will be refunded in full, including a refund of the delivery charges (if any) for sending the item to you and the cost incurred by you in returning the item to us.

Please note that you have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation we may have a right of action against you for compensation.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Shipping Costs

Please ensure that you select the correct delivery location whilst updating your shopping basket and before proceeding to the checkout.

Risk and Title

The Products will be at your risk from the time of delivery, however, ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges.

Deliveries

Certain products: Some products will be delivered personally by one of the Company's employees enabling a machine handover to take place in accordance with the manufacturers guidelines. We deliver within a 100 mile radius of our offices in Walthamstow, London. Deliveries to other locations might be possible by arrangement. Please Contact Us to discuss this.

All other garden tractors: All other lawn and garden tractors are delivered either on a wooden pallet or on/in a metal stillage. They will be delivered by a lorry with a tail lift facility to enable unloading. Please let us know if access might be a problem for a vehicle of 7.5 tonnes or greater (see below). It is your responsibility to dispose of the packaging. We normally dispatch garden tractors that we have in stock within 7 working days on a 2-3 day delivery service. We will let you know if this timescale is to be significantly different, for example at particularly busy times of the year or if the Products that you have ordered are currently out of stock.

Other Products: Smaller Products are delivered boxed using Ford Transit sized vehicles. We endeavour to dispatch Products that we have in stock within 3 working days using an overnight service.

IMPORTANT NOTICE REGARDING ACCESS FOR DELIVERIES

It is your responsibility to let us know if there might be any access problems for vehicles delivering the Products that you have ordered. Particularly when lawn and garden tractors are ordered, lorries fitted with tail lifts will be used. Narrow lanes, low or overhanging trees, narrow entrances or the lack of a turning area are all examples of possible access problems. Any alternative or extra delivery arrangements that might need to be made will be at your cost.

If for any reason the Company is unable to deliver the Products because you refuse to take delivery or have not provided appropriate instructions, documents or authorisations, risk in the Products shall pass to you and we may store the Products until delivery, whereupon you shall be liable for all (reasonable) related costs and expenses.

Delivery Times

Deliveries are usually made on working days only unless by prior arrangement. Please call us for more information and pricing regarding Saturday or timed deliveries. Any dates specified by the Company for delivery of the Products are intended to be an estimate only and times stated shall not be made of the essence by notice.

Signing For Deliveries

It is strongly recommended that all packages are inspected in front of the delivery driver prior to signing for them "in good condition". Where this is not possible, it is suggested that Products are signed for as "unchecked" or "damaged" otherwise claims against our carriers for Products damaged in transit are unlikely to be successful.

Accessories

Orders made where accessories are ordered without main product items may not be accepted or additional carriage charges may apply.

Proof of Delivery

A signature will be required on delivery as proof of delivery. The delivery person may ask for assistance in unloading the Products from his/her vehicle at the destination if he/she feels that such assistance is necessary for the safe delivery of the product. Such assistance must be provided if requested.

Instructions on filling the engine with oil must be followed

For safety in transit, petrol engines will be supplied "dry". It is your responsibility to ensure that the engine is filled with the correct grade and quantity of engine oil, an adequate quantity of which will be supplied free of charge with all 4-stroke engines. Please refer to the manufacturers operating instructions.

Warranty

All Products advertised on this website carry a manufacturer's warranty. Any part or parts of the Products that are considered by an authorised agent for the Products to be defective in materials or workmanship or both will be fixed or replaced free of charge. The cost of transportation of the Products to/from the authorised agent shall be borne by you. In some cases, most notably ride-on lawn tractors, the authorised agent can recover some transport costs from the manufacturer. Further details are available on request.

The warranty periods shown are effective from the date of delivery and, unless otherwise permitted by the manufacturer, apply to the original owner only. The warranty periods shown assume use of the product in a "residential household situation" and that the Products have been maintained in accordance with the instructions published by the manufacturers of the various components. A "residential household situation" excludes any use of the product for commercial operations, income producing or rental operations and racing/competition. Details of commercial use warranties are available on request.

Only authorised agents can carry out warranty repairs. Details of your nearest agent are available on request. The warranty policy or policies covering a product will only cover defective materials and/or workmanship. Warranty will not cover the following:

  • Normal wear and tear
  • Neglect, abuse and/or use of the product for a purpose for which it was not intended
  • Failures resulting from lack of or improper maintenance/adjustment
  • Failures caused by parts and/or accessories that are not genuine
  • Contamination caused by stale or dirty fuel
  • Failures resulting from insufficient lubrication
  • Routine maintenance and adjustment
  • Bent or broken crankshaft
  • Bent blade(s)
  • Failures caused by use of incorrect fuel
  • Expenses incurred whilst the product is out of use for warranty repairs

This list is not intended to be exhaustive. Batteries and gear boxes can have different warranty periods to the rest of the machine. If you have any questions regarding warranties please do not hesitate to contact us.

Force Majeure

The Company shall have no liability to you under any contract if it is prevented from, or delayed in delivering the Products or performing its obligations under a contract or from carrying on its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, war, acts of terrorism, riot, fire, explosion, flood, strikes or other labour disputes, restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials or default of suppliers or subcontractors, provided that, if the event in question continues for a continuous period in excess of 90 days, you shall be entitled to give notice in writing to us to terminate our contract.

Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

All notices given by you to us must be given to A Pamphilon and Sons (Walthamstow) Ltd at Unit 5, Old Station Yard, 186 Wood Street, Walthamstow, London, E17 3NZ or Contact Us by email. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Governing Law

Any contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be interpreted, construed and enforced, in accordance with English Law and will be deemed to have been concluded in England. Therefore, you and the Company irrevocably submit to the exclusive jurisdiction of the English Courts.

General

No variation of any contract or these terms and conditions shall be valid unless it is in writing and signed by or on behalf of each of the parties. A waiver of any right under any contract is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under any contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
The parties do not intend that any term of their contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

If any provision of the parties contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the contract, and the validity and enforceability of the other provisions of the contract shall not be affected.

The parties contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter. Each party acknowledges that, in entering into the contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for breach of contract).

Changes to these Terms and Conditions

We have the right to revise and amend these terms and conditions from time to time.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Email (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

About APS

Welcome to APS Limited Garden Machinery Online.
We would like to take this opportunity to introduce our company; we are an East London family based business first registered in 1900 established 1860.

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Our History

Pamphilon & Sons was founded in 1875 by Allen Pamphilon. His business started out selling house hold goods such as pots and pans etc and fuels such as coal and paraffin from a front room of his cottage located in Wood Street.

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