Terms & Conditions

By using the ‘Dales Garden Machinery’ (Craftsman Tractors UK) website you agree to be bound by Dales Garden Machinery (Craftsman Tractors UK) Terms and Conditions set out below.

You undertake that all goods so purchased by you are for your own private and domestic use only and you accept e-mail as a valid means of communication of any agreement between you and Dales Garden Machinery (Craftsman Tractors UK).

Site Information

To the fullest extent permitted by law ‘Dales Garden Machinery’ (Craftsman Tractors UK) is providing this website and its contents on an “as is” basis and makes no representations or warranties of any kind with respect to this site or its contents.  In addition, ‘Dales Garden Machinery’ (Craftsman Tractors UK) does not represent or warrant that the information accessible via this site is complete or current.

Whilst we have made every effort to ensure that our product descriptions are accurate, descriptions are to be used as a guide only.  Pictures are for illustrative purposes only.

Definitions

Buyer                           the person who buys or agrees to buy the goods from the Seller

Conditions                   the terms and conditions of sale as set out in this document and any special terms and 
                                    conditions agreed in writing by the Seller

Goods                         the articles which the Buyer agrees to buy from the Seller

Price                            the price for the Goods including VAT but excluding any carriage, packaging or 
                                    insurance costs.

Seller                           Dales Garden Machinery (Craftsman Tractors UK)
                                    Plumpton Lodge
                                    Westby Road
                                    Little Plumpton
                                    PR4 3PJ

Conditions

These conditions shall form the basis of the contract between Dales Garden Machinery (Craftsman Tractors UK) and the Buyer in relation to the sale of goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.

All orders for goods shall be deemed to be an offer by the Buyer to purchase goods from Dales Garden Machinery (Craftsman Tractors UK) pursuant to these conditions.

Acceptance of delivery of the goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these conditions.

These conditions may not be varied except by the written agreement of Dales Garden Machinery (Craftsman Tractors UK)

These conditions represent the whole of the agreement between Dales Garden Machinery (Craftsman Tractors UK) and the Buyer.  They supersede any other conditions previously issued. 

Contract for the Supply of Goods

The display of goods on Dales Garden Machinery (Craftsman Tractors UK) website amounts to an invitation to view only and is not an offer to sell goods at any price indicated.  No contract for the supply of goods will be deemed to exist between you and Dales Garden Machinery (Craftsman Tractors UK) unless, and until, an e-mail is sent by you confirming your order.  You must check that the details of your confirmation e-mail are correct as soon as possible and we recommend that you print out and keep a copy for your records.  This confirmation e-mail amounts to an acceptance by Dales Garden Machinery (Craftsman Tractors UK) of your offer to buy goods from Dales Garden Machinery (Craftsman Tractors UK).  Dales Garden Machinery (Craftsman Tractors UK) is free to withdraw from a prospective contract at any time prior to acceptance.  This also applies in the case of any error or inaccuracy in respect of the goods, any description applied to the goods, the availability of the goods or the order itself.  Price and availability information is subject to change without notice.

Price

The price shall be the price quoted on confirmation of the order by Dales Garden Machinery (Craftsman Tractors UK).  The price is inclusive of VAT but does not include delivery costs.  The price of delivery to be determined by Dales Garden Machinery (Craftsman Tractors UK) on confirmation of the order.
 
Payment

Payment can be made by Credit/Debit card or BACS.  We do not accept personal cheques.

Goods

The quantity and description of the goods shall be as set out in the confirmation or order from Dales Garden Machinery (Craftsman Tractors UK)

Delivery of Goods

Delivery of goods shall be made to the Buyer’s address.  The Buyer shall make all arrangements necessary to take delivery of the goods on the day notified by Dales Garden Machinery (Craftsman Tractors UK) for delivery. 

Dales Garden Machinery (Craftsman Tractors UK) undertakes to use its reasonable endeavours to despatch the goods on an agreed delivery date, but does not guarantee to do so.  Time of delivery shall not be of the essence of the contract.

Dales Garden Machinery (Craftsman Tractors UK) shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the goods.  If short delivery does take place the Buyer undertakes not to reject the goods, but to accept the goods delivered as part performance of the contract.

Acceptance of the Goods

The Buyer shall be deemed to have accepted the goods on delivery to the Buyer.  The Buyer shall carry out a thorough inspection of the goods on delivery.

Where the Buyer has accepted, or has been deemed to have accepted the goods, the Buyer shall not be entitled to reject goods which are not in accordance with the contract.

Title and Risk

Risk shall pass on delivery of the goods to the Buyer’s address.

Notwithstanding the earlier passing of risk, title in the goods shall remain with Dales Garden Machinery (Craftsman Tractors UK) and shall not pass to the Buyer until the amount due under the invoice for them has been paid in full.

Until title passes the Buyer shall hold the goods as bailee for Dales Garden Machinery (Craftsman Tractors UK) and shall store or mark them so that they can at all times be identified as the property of Dales Garden Machinery (Craftsman Tractors UK).

Dales Garden Machinery (Craftsman Tractors UK) may at any time before title passes and without any liability to the Buyer:

Repossess and dismantle and use or sell all or any of the goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them

and

for that purpose (or determining what if any goods are held by the Buyer and inspecting them) enter any premises of, or occupied by, the Buyer.

Dales Garden Machinery (Craftsman Tractors UK) may maintain an action for the price on any goods notwithstanding that title in them has not passed to the Buyer.

Limitation of Liability

This liability section applies only to the extent permitted by law.  Dales Garden Machinery (Craftsman Tractors UK) does not accept liability for any errors or omissions and reserves the right to change information, specifications and descriptions of listed goods, products and services. 

Returns Policy

Your rights to return goods are protected by the EU Consumer Protection Distance Selling Regulations 2000.   The cost of carriage both ways will be deducted from any refund.  Pre-assembled items such as lawn tractors must be returned by the Buyer to ‘Dales Garden Machinery’ (Craftsman Tractors UK) within 7 days of delivery and must be unused and undamaged.  Cost of carriage will be borne by the Buyer.

All returned products with be examined before any refund is issued.  We reserve the right to refuse a full refund and recover our costs in the event that a product is returned and found to have been misused in any way – e.g. incorrect usage of petrol or oil, external damage, any damage to working parts due to misuse or evidence of the product having been used against correct operational instruction.

Warranty

Dales Garden Machinery (Craftsman Tractors UK) provide manufacturers warranty on machinery as stated at the time an order is received.  The warranty does not cover consumables i.e. belts, blades, tyres and batteries. Dales Garden Machinery (Craftsman Tractors UK) reserves the right to cancel a warranty if a machine is deemed to have been damaged due to operator misuse and not an actual machine fault.  Dales Garden Machinery (Craftsman Tractors UK) will question the Buyer with regard to the problem(s), may possibly need to inspect the product and then assess warranty status and our decision is final.  Pre-assembled items such as lawn tractors must be returned by the Buyer to Dales Garden Machinery (Craftsman Tractors UK).