Purchase Terms and Conditions | Guarantees

 

Terms and Conditions for Memorial Benches UK

 

Welcome to Memorial Benches UK, company number 04200474. These Terms and Conditions outline the agreement between you ("you," "your," or "customer") and ATEX (UK) Ltd, trading as Memorial Benches UK ("we," "us," or "our"), regarding your use of our website at www.memorialbenchesuk.co.uk (the "Website") and any purchases made through it.

By accessing our Website and/or placing an order, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use our Website.

If you have any questions about these terms before placing an order, please contact us.

 

1. Definitions

 

  • Bench: Refers to large seated furniture items including, but not limited to, benches, chairs, and day beds.

  • Conditions: These Terms and Conditions, including any specific terms provided in a Product Description.

  • Product: Any item displayed for sale on the Website.

  • Product Description: The section on our Website where specific details, terms, and conditions for an individual Product are provided.

  • Users: All collective users of the Website.

  • Personal Information: The details you provide when registering as a customer or making a purchase.

  • We/Us/Our: Refers to ATEX (UK) Ltd, trading as Memorial Benches UK.

  • Website: The website located at www.memorialbenchesuk.co.uk or any subsequent URL that may replace it.

  • Cookies: Small text files placed on your computer's hard drive by our Website to store information about your Browse session and identify your computer.

  • United Kingdom: England, Wales, Scotland, Northern Ireland, and the Channel Islands.

  • You/Your: A user of this Website or a customer making a purchase.

 

2. Product Information & Wood Characteristics

 

 

2.1 Teak Wood Products

 

  • Natural Variations: Teak wood is a natural material. Please expect natural colour variations and grain patterns in all teak products.

  • Joint Gaps: A small gap of 1-2mm at the joints is normal and intentional to allow for the natural expansion and contraction of the wood. This will not affect the structural integrity of your bench.

  • Dowels & Colour: Our benches are crafted to highlight the natural beauty of wood. They do not come with colour-matched dowels. Variations in wood colour from piece to piece are inherent and contribute to the unique charm of each bench.

  • Untreated Teak: If left untreated, teak wood will naturally fade to a pale colour and then turn grey over time.

 

2.2 Personalisation

 

  • Adjustments: If you select any personalisation, we reserve the right to make minor adjustments to your provided text for optimal fit and improved appearance.

  • Proofreading Responsibility: We do not offer a spelling, grammar, or punctuation checking service. We engrave text exactly as provided by you. Please review your personalisation carefully before submitting your order.

 

2.3 Cushions

 

  • Colour Variation: Cushion colours may vary slightly depending on your screen's brightness, colour, and contrast settings.

 

2.4 Ageing Process

 

  • Natural Weathering: When left outdoors, our benches will naturally undergo an ageing process. This may include the development of algae, lichen, dirt, fine line cracks, or end-grain movement, and the wood may turn a silver-grey colour. These are natural occurrences that will not affect the structural strength of the bench, and we do not accept liability for such natural ageing.

 

3. Ordering Process

 

 

3.1 How to Order

 

  • All Products are available for purchase exclusively online through our secure shop. We do not accept orders over the phone.

  • We strongly recommend customers review their orders carefully before placing them to avoid the need for cancellations or amendments. It is your responsibility to ensure all order details, including delivery dates and product selections, are accurate at the time of purchase.

 

3.2 Payment

 

  • Our website uses encrypted security procedures implemented by Lloyds Bank and processed through Opayo for secure payments.

  • Add your desired purchase to your basket and follow the simple checkout steps. An automatically generated invoice/order acknowledgement will be emailed to you detailing your purchase. Please check your spam/junk/trash folder if you do not receive it within a few minutes.

  • If you select to pay by Bank Transfer, full funds must be received no later than 24 hours after you receive your automatically generated invoice/order acknowledgement. Failure to do so may result in us being unable to meet your requested delivery date.

 

3.3 Order Changes

 

  • Any changes to your original website order, including but not limited to, address, phone number, order additions or subtractions, text, grammar, or delivery date, must be submitted using our Memorial Benches UK Change Form available via the link provided in your order confirmation or on our Website.

 

4. Delivery

 

 

4.1 Delivery Services

 

  • We aim to deliver your Bench on the date you specify during the online ordering process. This date is an estimated target delivery date and while we make every effort to meet it, please understand that it is not guaranteed. We advise selecting a delivery date at least a few days prior to any special occasion to allow for unforeseen issues.

  • Our delivery partner offers two options:

    • Premium Delivery: Anytime between 08:00 and 12:30.

    • Standard Delivery: Anytime between 08:00 and 18:00.

  • If you provide a valid mobile phone number, you may receive a notification on the day of delivery with a 2-hour estimated delivery time slot, subject to mobile reception.

  • Our delivery network operates under its own terms and conditions, over which we have no control or authority to enforce changes.

  • In some instances, our delivery partner may leave your pallet in a location they deem 'safe' if you are unavailable to receive the delivery.

 

4.2 Delivery Format & Assistance

 

  • Your Bench will be delivered fully assembled (glued, dowelled, and fine sanded) by our delivery partner's franchised local depot.

  • Due to its size, your Bench will arrive on a pallet.

  • Delivery is a one-person, kerbside service, unloaded using a pallet truck. The driver will attempt to move the pallet truck as close to your property as possible.

  • Important: The driver is not insured or obligated to assist with moving your bench from the kerbside to its final location. They may also have existing health issues preventing them from assisting.

  • Our benches are heavy; we strongly advise arranging for extra help to move your bench upon delivery.

 

4.3 Delivery Access

 

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

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

  • If you are aware of an access issue, please provide an alternative address (e.g., a neighbour, family member, or friend) where appropriate access is available. You will then be responsible for transporting the item from that alternative location.

 

4.4 Failed Deliveries

 

  • Failed deliveries due to no fault of our delivery partner, including but not limited to, access issues, incorrect delivery address/phone number, or the recipient being unable to take delivery, will incur a redelivery charge.

 

5. Inspection Upon Delivery & Damages

 

  • Partial Deliveries: If your order appears only partially delivered, this may be because other items are being dispatched from a different location.

  • Immediate Notification: You must inform us immediately by telephone during our published office hours or by email (mail@memorialbenchesuk.co.uk) if your order is obviously incomplete or over-delivered.

  • Inspect Goods: It is your responsibility to inspect all goods upon arrival and to refuse visibly damaged items. If you refuse a damaged item, you must contact us immediately for advice.

  • Signing for Delivery: If for any reason you are unable to check the items at the time of delivery, you must sign for them as 'goods received unchecked'.

  • 48-Hour Inspection: All items, including those signed for as 'unchecked,' must be fully inspected within 48 hours of receipt. You must contact us immediately if there appears to be any damage or faults.

  • Claims for Returns: We will not be held responsible for claims to cover costs of returning goods if we have not been notified within the timescales mentioned above.

  • Statutory Rights: None of the above conditions affect your statutory rights if goods are faulty or not as described.

 

6. Returns

 

 

6.1 Faulty Items (Large Items Delivered by Pallet)

 

  • If you believe a return is necessary due to a fault, a cost equal to the original delivery price will be incurred for the return shipping to our warehouse. This fee must be paid by the customer in advance.

  • The goods can only be collected, kerbside, from the original delivery address. You are responsible for any costs incurred to move the item of furniture to the kerbside for collection. 
  • Upon inspection of the item, if the fault is confirmed to be ours or our delivery partner's, or if it is covered under warranty, we will refund the full delivery amount within 14 working days

 

6.2 Non-Faulty Returns (Large Items Delivered by Pallet)

 

  • If you wish to return an item that is not faulty, you will be refunded the order value:

    - Less the outgoing delivery charge
    - Less the return carriage charge (at cost and with proof of invoice from our delivery partner)

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

  • The goods can only be collected, kerbside, from the original delivery address. You are responsible for any costs incurred to move the item of furniture to the kerbside for collection. This fee must be paid by the customer.

  • Important: We are unable to accept non-faulty returns if the item purchased has been personalised in any way.

  • The returned item must be in a resalable condition.

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

 

6.3 Cancelling a Bench Order

 

 

Non-Personalised Orders

 

  • Full Refund: Non-personalised orders can be cancelled up to 3 working days before the requested delivery date for a full refund.

  • Less than 3 Working Days' Notice: Our dispatch process begins 3 working days before the requested delivery date, incurring costs related to labour, construction, materials, packaging, and administration. Therefore, if you cancel a non-personalised order with less than 3 working days' notice:

    • If your Bench HAS NOT LEFT OUR WAREHOUSE (but has been prepared for collection), you will be refunded the order value less £25.00.

    • 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, with proof of invoice from our delivery partner).

 

Personalised Orders

 

  • You must call our office immediately if you wish to cancel a personalised order to check if it has already been engraved. Regrettably, if it has been engraved, we will not be able to issue any form of a refund.

 

6.4 How to Proceed with a Return

 

  • To initiate a return, please use our Memorial Benches UK Return Form available via the link provided in your order confirmation or on our Website.

 

7. Guarantees

We guarantee the structural integrity of all our Teak Wooden Furniture. For clarity and legal certainty, our guarantees are divided into two distinct categories based on the installation environment; Domestic and Trade.

Part A: Domestic Guarantees

The provisions under this section apply exclusively to products purchased and used within private residential properties.

7.1 Your Domestic 10-Year Structural Guarantee

  • Applicability: This 10-year structural guarantee applies only to teak benches and chairs supplied fully assembled by us. It is an additional benefit to your normal statutory and legal rights.

  • Public Space Exception: If our benches and chairs are sited in public or commercial spaces, they are immediately excluded from this Domestic Guarantee and will instead fall under our Trade Structural Warranty.

7.2 Your 2-Year Structural Guarantee

We cover all 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 delivery.

Part B: Trade & Commercial Warranties

The provisions under this section provide a robust legal framework for trade and commercial clients purchasing teak furniture for public, commercial, or high-traffic environments. While domestic products carry a ten-year guarantee due to lower usage levels, this five-year trade warranty reflects the rigorous demands of the public domain.

7.3 Scope of the Trade 5-Year Structural Warranty

Memorial Benches UK provides a 5-Year Structural Warranty on all trade teak benches. This guarantee covers the structural integrity of the furniture, including:

  • The stability of all mortise and tenon joinery

  • The structural soundness of the teak timber

  • The integrity of the internal fixings

This warranty period commences strictly from the date of delivery or installation by our team.

7.4 Mandatory Installation Requirements

For this warranty to remain valid, all benches situated in public or commercial spaces must be secured on a hard standing surface.

The Hard Standing Clause

All furniture must be installed on a level, solid base such as concrete, paving, or stone. Installation on soft standings, including but not limited to grass, gravel, sand, or soil, is strictly prohibited.

Soft surfaces can lead to uneven sinking during wet weather, which causes the frame to twist. This structural misalignment increases the risk of joint failure and structural collapse. Any bench found to be installed on an unsuitable surface will have its warranty voided immediately.

7.5 Exclusions from Trade Coverage

This warranty is strictly limited to structural manufacturing defects. It does not cover damage resulting from external factors or neglect, including:

  • Vandalism and Misuse: Any damage caused by intentional acts of vandalism, graffiti, theft, or improper use is excluded.

  • Accidental Damage: This includes impact damage from grounds maintenance equipment such as ride-on lawnmowers, strimmers, or tractors.

  • Natural Weathering: Teak is a natural material. Small surface cracks, known as end grain cracking or the natural silvering of the wood are standard characteristics and do not affect structural integrity.

  • Unauthorised Alterations: Any third-party modifications or repairs will terminate the agreement immediately.

7.6 Trade Maintenance Obligations

To ensure the longevity of the timber and the validity of a claim, the buyer must perform basic maintenance. This includes periodic cleaning to remove organic matter or fungal growth, which can trap moisture against the wood. While teak is naturally oily and durable, keeping the bench clear of debris is essential for commercial performance.

7.7 Trade Claim Procedure

In the event of a suspected structural failure, the following steps must be followed precisely:

  1. Notify the service department in writing within 14 days of the defect appearing.

  2. Provide photographic evidence of the fault and the installation environment, clearly showing compliance with the hard standing surface requirement.

  3. Our experts will assess whether the issue is a manufacturing defect or the result of environmental factors.

Part C: General Terms, Third-Party Items, & Claim Mechanics

The following terms apply across both Domestic and Trade guarantees where applicable.

7.8 Manufacturer's Guarantee (Third-Party Items)

All Bosmere, Vonhaus, and Barrettine items are covered by their respective manufacturers' guarantees. Details are available upon request.

7.9 Guarantee Terms & Conditions

  • Claim Submission: To assess any claim, you must provide us with sufficient photographic evidence of the fault (via email or post), along with proof of purchase and a contact number. Alternatively, you can arrange to return the item to our workshops for in-person assessment.

  • Structural Claim Process: If your structural claim is upheld, we will arrange to collect your bench or chair (or refund delivery charges if you returned it for inspection) and transport it to our workshop at our expense. We will carry out the necessary repair, replace a component part, or replace the bench or chair with a new one, all at our expense. We will then arrange to return your repaired or replaced bench or chair to you at our expense. All structural claims will be processed within a reasonable timeframe. We can only collect or return your bench or chair from the address to which it was originally delivered.

  • General Exclusions: Our guarantees exclude fair wear and tear under normal conditions, vandalism, and natural end-grain movement or minor wood imperfections.

  • Proof of Purchase: It is your responsibility to retain proof of purchase.

  • Non-Transferable: The guarantee is non-transferable and valid only from the date of original purchase by the original buyer.

  • Our Discretion: Consistent with our obligations under this guarantee, Memorial Benches UK reserves the right to undertake the least cost option to resolve the issue. This may involve rectifying the problem, arranging for a component to be replaced, or refunding part of the original purchase price.

  • Ownership of Faulty Goods: If goods are exchanged or a total refund is given, the faulty goods revert to the ownership of Memorial Benches UK.

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

  • Geographical Limitation: This guarantee does not extend to goods taken outside the United Kingdom.

  • Invalidation: The guarantee may be invalidated if you do not follow proper care procedures as outlined in the product care section of any provided leaflet or manufacturer's recommendations, or if the product has been adapted, abused, or altered.

  • Statutory Rights: The conditions relating to Memorial Benches UK's structural guarantees do not affect your statutory consumer rights under the Consumer Rights Act 2015.

8. Data Protection

General Data Protection Regulation (GDPR) 2018

 

  • We will only send you news and offers if you have explicitly opted to receive them.

  • Your name and address will not be given or sold to any third parties.

  • You have the right to access details of the personal information we hold about you and to correct any discrepancies in that information. Should you wish to access your personal information, please confirm your request in writing to us.

 

9. Website Terms and Conditions

 

 

9.1 Access & Registration

 

  • Website Use: You are provided access to this Website in accordance with these Conditions, and all orders placed by you must strictly adhere to these Conditions.

  • Warranties on Information: When you register as a customer, you warrant that the Personal Information you provide is true, accurate, current, and complete in all respects.

  • Updates to Information: You agree to notify us immediately of any changes to your Personal Information via email at mail@memorialbenchesuk.co.uk.

  • No Impersonation: You agree not to impersonate any other person or entity or to use a false name or a name you are not authorised to use.

 

9.2 Indemnity

 

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

 

9.3 Our Rights

 

We reserve the right to:

  • Modify or Withdraw Website: Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you. You confirm that we shall not be liable to you or any third party for any such modification or withdrawal.

  • Change Conditions: Change these Conditions from time to time. Your continued use of the Website (or any part thereof) following such changes shall be deemed your acceptance of those changes. It is your responsibility to regularly check for updates to these Conditions. If you do not agree to any changes, you must immediately stop using the Website.

 

9.4 Intellectual Property & Right to Use

 

  • You acknowledge and agree that all copyright, trademarks, and all other intellectual property rights in all material and content supplied as part of the Website remain 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 within the Website is provided for your personal, non-commercial use only. You may download such material and content onto a single computer hard drive for the purpose of making a purchase. Any other use of the material and content on 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.

 

9.5 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 it.

 

9.6 Limitation of Liability

 

  • While we use reasonable endeavours to verify the accuracy of information on the Website, we make no warranties, express or implied, regarding its accuracy.

  • The Website is provided on an "as is" and "as available" basis without any representation or endorsement. We make no warranties of any kind, express or implied, regarding the Website or any transaction conducted on or through it, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, completeness, or any implied warranty arising from course of dealing or usage or trade.

  • We do not warrant that the Website will meet your requirements, be uninterrupted, timely, or error-free, that defects will be corrected, or that the site or server are free of viruses or bugs, or that it represents the full functionality, accuracy, or 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, express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your cancellation rights.

  • We will not be liable, in contract, tort (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations), or otherwise arising out of or in connection with these Conditions for:

    • Any economic losses (including without limitation loss of revenues, profits, contracts, business, or anticipated savings);

    • Any loss of goodwill or reputation;

    • Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Conditions.

  • Nothing in these Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents, or employees.

 

10. General Provisions

 

 

10.1 Trade Accounts

 

  • For Trade accounts, subject to passing a credit application, the following terms apply:

    • Strictly Net 30 Days: Payment is due in full within 30 calendar days from the invoice date.

    • Failure to Pay: Supply of any further goods or services will immediately stop if payment is not received in full within this timeframe. Once full remittance has been received, trade can continue on a 'cash' basis.

 

10.2 Severance

 

  • If any part of these Conditions is deemed unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from the Conditions and shall not affect the validity and enforceability of any remaining provisions.

 

10.3 Waiver

 

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

 

10.4 Survival

 

  • Each provision of these 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.

 

10.5 Entire Agreement

 

  • These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. 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.

 

10.6 Governing Law

 

  • These Conditions shall be governed by and construed in accordance with the laws of England. You irrevocably submit to the exclusive jurisdiction of the courts of England.

To discuss your Memorial Bench tribute and begin crafting this lasting legacy, please call us today on 01580 201518.