Terms & Conditions of Business
Unless otherwise agreed by First Choice Fencing in writing the below Terms and Conditions shall apply to all goods and services made by First Choice Fencing to the exclusion of all other terms, conditions and warranties. Your statutory customer rights are not affected by these Terms & Conditions
A. Definitions
‘The Company’ is First Choice Fencing Ltd, trading address – Compound 7, Mill Farm Estate, Whalebone Lane North, Romford, RM6 5QT
Company number 11057803
‘The Customer’ is the individual, company or organisation purchasing goods or services from ‘The Company’, as stated on any documentation of sale or quotation. ‘Our website’ is www.firstchoicefencing.com and is the property of ‘The Company’.
B. Overview of Terms & Conditions
Our terms and conditions (last updated 15th August 2024) shall apply to the sale, supply and installation of fencing, sheds or landscaping materials to `The Customer’.
Any order placed by ‘The Customer’ in person, by phone, or through ‘Our website’ shall form a legally binding contract of sale. These terms and conditions protect the rights of both `The Customer’ and ‘The Company’.
‘The Company’ reserves the right to make amendments to these terms and conditions when required and recommend that ‘The Customer’ revisits this page to review the up-to-date terms and conditions. By continuing to access ‘Our website’, ‘The Company’ assumes that ‘The Customer’ has agreed to said terms and conditions. ‘The Company’ asks that ‘The Customer’ reads through these terms and conditions before proceeding to place an order through ‘Our website’. The same conditions apply to orders made via the phone, email or in person. If ‘The Customer’ does not agree to these terms and conditions, ‘The Company’ asks that ‘The Customer’ does not use ‘Our website’ or place any order otherwise.
These terms and conditions shall be interpreted in accordance with UK Law.
1. Retention of Title/ Ownership
1/A Legal ownership of any goods supplied or installed will remain that of ‘The Company’, until payment in full has been received from ‘The Customer’.
1/B Should the ‘The Customer’ obtain goods without making full payment, ‘The Customer’ accepts that ‘The Company’ has the right to payment in full before the transfer of ownership. ‘The Customer’ will allow ‘The Company’ unrestricted access to reclaim our goods. If money is owed to ‘The Customer’ this will be returned minus a collection/restocking fee of 20% of the original total sale.
2. Prices
2/A All pricing given by ‘The Company’ including this web site are shown in (£) Pounds Sterling.
2/B All pricing shown inclusive of the current prevailing rate of Value Added Tax (VAT). ‘The Company’ VAT number is GB 909533218.
2/C All pricing as shown upon any branded literature such as ‘The Company’ brochures, is provided for information only and does not form part of a sale. ‘Our website’ pricing shall apply at point of sale.
2/D ‘The Company’ reserves the right to make price changes and offers that could be subject to change.
2/E ‘The Company’ cannot retrospectively apply pricing changes once an order has been fully processed.
2/F ‘The Company’ cannot retrospectively apply any sort of discount to an order once it has been fully processed.
2/G Prices stated on pro-forma invoices issued by ‘The Company’ are only valid until the valid date stated on the pro-forma. Pro-forma orders where payment is received after the valid date may be rejected if the product price has changed. Upon rejection, any payment received will be duly returned.
3. Payment
3/A ‘The Company’ standard payment terms are full payment with order.
3/B Payments are only accepted in (£) Pounds Sterling.
3/C Payments are only accepted by the following means; Cheque, Cash, Bank Transfers, Visa, MasterCard, Visa Delta and Electron. American Express is not accepted.
3/D Upon cheque-based orders, goods shall not be released until such a cheque passes clearance and the funds credit ‘The Company’ bank account.
3/E ‘The Company’ complies with Banks to prevent credit/debit card fraud. All card-based orders without exception are subjected to cardholder name, address and other security checks as deemed essential.
3/F ‘The Company’ reserves the right to require proof of identity, proof of address and any documents we may require satisfying the legitimacy of any order. Failure to comply will result in the order being cancelled and refunded by the same payment method.
3/G ‘The Company’ retain the right to undertake any third-party search as necessary, such as via ‘The Company’ card processing organisation, to satisfy that ‘The Customer’ card details are valid.
3/H It is the responsibility of ‘The Customer’ to always provide their registered cardholder address when requested. Any processing delays caused by incorrect data provision will not be at the fault of ‘The Company’.
3/I ‘’The Company’ reserves the right to reject orders should details supplied by ‘The Customer’ fail to pass security checks detailed in 3.5 and 3.64.
4. Delivery
4A ‘The Company’ are unable to deliver Nationally. ‘The Company’ can deliver to South Essex, North London and East London postcodes. Please check the shopping cart or contact the office by phone or email to confirm areas covered.
4/B Once the order has been made ‘The Customer’ will be contacted by ‘The Company’ to arrange a delivery date and time window. ‘The Company’ will contact ‘The Customer’ Monday to Friday during office hours. ‘The Company’ can only offer Monday to Friday delivery dates and will try to accommodate ‘The Customers’ requests where possible, however ‘The Company’ cannot make any guarantees.
4/C Deliveries may be affected due to an event outside of our control, including but not limited to personal illness, vehicle/machinery breakdowns, adverse weather conditions, road closures, flood, fire, bus and rail strikes or any accidents beyond our control. ‘The Company’ is not liable for delays or failures caused by the above.
4/D Product delivery (supply only and not installation) shall be kerbside or driveway only. ‘The Customer’ accepts that materials will be placed no more than 3 metres from the delivery vehicle. If ‘The Customer’ address is pedestrianised they will need to notify ‘The Company’.
4/E Due to Health & Safety heavy items shall not be; (a) lifted over walls, fences etc, and (b) transited to other floors other than highway level by ‘The Company’s employees.
4/F It is the responsibility of the ‘The Customer’ to provide free and unobstructed access for product delivery and subsequent usage. Any failed, abortive or return delivery charges shall be recovered from ‘The Customer’ at cost. This includes ‘The Customer’ making ‘The Company’ aware of restricted road access during certain hours due to school access etc.
4/G ‘The Company’ shall notify ‘The Customer’ if their location is not serviceable. If so ‘The Company’ reserves the right to A) not to deliver or B) advise ‘The Customer’ of any extra delivery or service charges that may apply. ‘The Company’ reserves the right to charge a 20% fee for unsuccessful deliveries.
4/H Should ‘The Customer’ accept our revised service and pricing offered under section 4/G the order shall be revised and proceed. If declined, ‘The Company’ will cancel ‘The Customers’ order and refund all order monies received. Refunds will take 3-7 working days to appear on your card after authorisation.
4/I Once an order has been placed, the delivery address is not permitted to be changed due to fraud prevention purposes.
4/J The delivery period will commence once payment has cleared into ‘The Company’ account.
4/K Delivery guidelines are provided in working days, which does not include bank holidays.
4/L Deliveries are typically made during the hours of 7:30am to 5:00pm. ‘The Company’ is not able to offer timed deliveries only morning or afternoon slots.
4/M Due to Health & Safety heavy items shall not be; (a) lifted over walls, fences etc, and (b) transited to other floors other than highway level by ‘The Company’s employees.
4/N If the ‘The Customer’ is not present for delivery, we will take photographic evidence and/or use vehicle trackers to prove delivery. Once the order has been delivered, responsibility and risk of the goods (not title if unpaid) shall pass to ‘The Customer’.
4/O Upon Delivery ‘The Customer’ accepts responsibility of goods has passed to ‘The Customer’ and if ‘The Customer’ is not present at the point of delivery any claims of shortages will be waived.
4/P In the event that ‘The Company’ is unable to deliver goods despite attending the location and reasonably attempting to do so. ‘The Company’ reserves the right to charge a 20% re-stocking fee that will be deducted from the refunded amount due.
4/Q “The Company” does not offer guaranteed delivery dates only expected dates.
4/R “The Company” will confirm all deliveries before dispatch, if we are unable to gain contact “The Company’ reserves the right to delay the order until contact has been made. “The Company” will not be held responsible if the delivery window is missed due to any such delay. “The Company’ will however endeavour to deliver as soon as possible if this occurs.
4/S If the ‘The Company’ fails to deliver part/all of an order and becomes liable to the Buyer under these conditions in respect of such failure, ‘The Company’ liability shall only be the value of the invoice item(s) and will not be liable for ‘The Customers’ loss of profit or any other losses.
4/T Delivery will only be made to a registered commercial or residential address. Delivery will not be made to any car parks, open spaces or allotments.
5. Returns & Cancellations. Shortages and damages.
5/A ‘The Customer’ is entitled to 14 days cooling off/return of non-faulty products from the point of receiving them. However bulk items will be subject to a 25% re-stocking/collection fee that will be deducted from the refund owed. If the customer returns goods themselves ‘The Company’ still reserves the right to charge a 10% re-stocking fee from the refund owed.
5/B The 14 days return does not extend to made to measure / bespoke made / made to order panels, gates or trellis. The items have been specifically produced for ‘The Customer’ and can only be returned to ‘The Company’ if the items are faulty.
5/C ‘The Customer’ must notify ‘The Company’ within thirty days after the day of receipt of any damage or items missing. Unless ‘The Company’ can disprove with photos or signed delivery ticket that goods were inspected and counted. This is why ‘The Company’ advises that ‘The Customer’ is present for delivery or somebody that ‘The Customer’ deems trustworthy and able to represent them.
5/D Shortage or damage need to be reported as soon as possible for ‘The Company’ to deal with the issue as quickly as possible. Please report by phone, email or in writing to ‘The Company’ address. Photographic evidence will be requested.
5/E Approved claims will be replaced within 5-10 working days.
5/F Items returned by ‘The Customer’ must be returned in as new condition. Any damaged items will not be accepted by ‘The Company’.
5/G If you intend to return timber products ‘The Company’ recommends you keep timber items covered or in the shade. If items are not returned in as new condition like it was delivered, ‘The Company’ will be unable to offer a full refund.
5/H ‘The Company’ will endeavour to collect items being returned within 5-10 working days. Refunds can only be processed once items have been received back into stock. Refunds themselves once processed can take up to 5 working days.
5/I ‘The Company’ can only refund by the original payment method used by ‘The Customer’.
6. Complaint
6/A In the event of any complaint or grievance, ‘The Customer’ should first call on 0208 599 4289, followed by an email complaint to [email protected] or send a letter to ‘The Company’ trading address.
6/B ‘The Company’ asks that ‘The Customer’ provides 1) their address 2) contact details 3) sales number or quote reference 4) details of what the complaint relates to.
6/C ‘The Company’ endeavours to promptly respond to any complaint within 5 working days. If this is not received, please call ‘The Company’ on 0208 599 4289.
6/D ‘The Company’ aims to resolve any complaints impartially and as soon as practically possible.
7. Privacy
7/A ‘The Company’ respects customers’ right to protection and privacy of their data. As a result, ‘The Company’ does not share any customer information with third parties except for banks for ant-fraud purposes.
7/B We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
7/C Any personal details given by ‘The Customer’ shall not be passed or made available to any other company, organisation or third party apart from banks for anti-fraud purposes.
7/D ‘The Company’ will not pass to any third party the details of the subscribers of ‘The Company’ email newsletter.
7/E Subscribers of ‘The Company’ email newsletter retain the right to be removed from our database at any time by selecting the ‘unsubscribe’ function at the base of any newsletter received.
8. Security
8/A ‘The Company’ web site is a secure e-commerce automated payment system.
9. Reviews
9/A All reviews placed via email, or our web site shall remain anonymous. No personal contact details shall be shown.
9/B ‘The Company’ reserves the right to email ‘The Customer’ following completion of an order to leave a review.
9/C ‘The Company’ reserves the right to approve, disapprove or display ‘The Customer’ reviews.
10. Installation Guarantees
10/A ‘The Customer’ must retain their copy of the invoice as proof of purchase and the guarantee.
10/B All work installed by ‘The Company’ – First Choice Fencing is guaranteed. Guarantees are as follows:
– 1-year guarantee for Timber fencing/trellis with timber posts
– 2-year guarantee for Timber fencing/trellis with concrete gravel boards and posts.
– 2-year guarantee for concrete or DuraPost metal repair spurs.
– 5-year guarantee for Featheredge or Shiplap fencing with concrete gravel boards and posts.
– 5-year guarantee for Feather edge or Ship lap fencing with DuraPost gravel boards and metal DuraPost
– 3-year guarantee for all types of timber sheds.
10/C Guarantee only covers against manufacturing or installation defects. Timber is a natural product, which is susceptible to splits, twisting and warping under extreme temperature changes.
10/D Guarantee does not cover against acts of God or natural disasters including damage caused by hurricane winds. Guarantee does not cover for accidental damage after successful installation.
10/E ‘The Company’ cannot guarantee that any of our installations or materials will prevent intruder access and will therefore not be liable for any claims that would incur if access was gained.
10/F ‘The Company’ can only guarantee timber products if they have been treated on an annual basis with timber preservative.
10/G In order for ‘The Company’ to guarantee a Shed installation it is ‘The Customers’ responsibility to ensure the following requirements. If the requirements are not satisfied ‘The Company’ guarantee will be voided:
– A firm and level concrete base is required to keep the shed square.
– Annual treatment with timber preservative.
– ‘The Company’ always recommends sheds are fitted with guttering, which ‘The Company’ can offer as a service. Sheds not fitted with gutter cannot be guaranteed against rot at the bottom of the shed if the water is splashing up against the shed. The gutter also requires cleaning out annually for it to work effectively.
– To prevent damage to the heavy-duty mineral felt, any low branches touching the roof will need to be cut back regularly and the roof to be swept off annually. This is a responsibility of ‘The Customer’. Cats and foxes scratching felt, although uncommon would not be covered under our guarantee.
11. Miscellaneous
11/A If ‘The Customer’ amends an order post the sale process, a £15 administration fee may be levied to account for manual adjustment of the order this in addition to any price increases of additional materials or increased sizes.
11/B ‘The Company’ cannot be held liable for any damage or injury caused during the assembly of products due to misapplication or negligence on behalf of ‘The Customer’ or ‘The Customer’ own installers. ‘The Customer’ must treat product(s) with reasonable care when handling and during the installation process.
11/C Timber products should only be painted once they have dried out. All timber comes pre-treated so there is no requirement to be painted or re-treated for at least 12 months. Not complying with above can increase the possibility of timber twisting, splitting or warping. Therefore ‘The Company’ will not accept such claims if the panels have been modified from the point of manufacture.
11/D Timber is a natural product, which is susceptible to splits, twisting and warping especially with extreme temperature changes. ‘The Company’ does not accept liability for this and by using our services you accept this condition of sale.
11/E ‘The Company’ endeavours to use as accurate images as possible. There may be differentiation in colour or finish as timber is a natural product.
11/F ‘The Customer’ is required to bring photo ID and the card used for payment for any collections arranged. ‘The Company’ reserves the right to hold goods until these are presented.
11/G If an installation cannot be completed due to reasons outside of the control of ‘The Company’ including but not limited to any form of neighbour dispute, lack of access or change of heart. ‘The Company’ reserves the right to charge a flat fee of £500 including VAT per day to ‘The Customer’ to cover wages, fuel and administrative costs incurred by ‘The Company’. This in addition to any materials used or left on premises that will transfer in ownership to ‘The Customer’.