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Terms and Conditions

This website is operated by psmlawnmowers.co.uk (referred to as "psm/us/we/our"). As user of this website you acknowledge that any use of this website including any transactions you make is subject to our terms and conditions below. These terms and conditions apply to online transactions only and do not apply to any purchases made from the store.

Please:
- Read through these terms and conditions carefully before using this website.
- Print a copy for future reference.
- Also read our Privacy Policy section regarding your personal information.
1. General
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.

2. Order process
2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.

2.2 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and Refunds).

2.3 We do not file details of your order for you to subsequently access direct on the website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please Contact Us.

2.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
2.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.


3. Delivery
3.1 This website is only for delivery of products to customers in mainland UK and Northern Ireland addresses. We cannot deliver to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic of Ireland. All goods must be signed for by an adult aged 18 years or over on delivery.

3.2 Deliver charges and estimated timescales are specified when you place an order. We make every effort to deliver goods within the estimated timescales; however delays are occasionally inevitable due to unforeseen factors. PSM shall be under no liability for any delay or failure to deliver the products within the estimated timescales.

3.3 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.

3.4 All orders received by us are shipped subject to availability.


3.5 We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.

4. Payment
4.1 We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.

4.2 While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.3 We reserve the right to alter all product pricing without notice.
4.4 Title to any products you order on this site shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.

4.5 All prices exclude VAT at the applicable current rates and exclude delivery charges, unless stated otherwise.

5 Returns, Cancellations and Substitutions

5.1 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) 7 working days from the day after you receive your goods.
5.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.
5.3 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.
5.4 Goods that are sealed or shrink-wrapped and this is removed can only be returned if they are defective.
5.5 No right of cancellation exists for personalised goods or goods that are intimate in their nature or goods where there may be hygiene issues, unless defective.

5.6 In the unlikely event that you receive faulty or damaged goods, please refer to our Returns and Refunds section.

5.7 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations (see the Returns and Refunds page for further details).

5.8 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of material and content of this website is strictly prohibited and you agree not to copy, create derivative works of such material and content.

7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

7.2 Subject to section 7.1 above, PSM will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, That defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website PSM will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and PSM accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

7.3 Subject to section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at section 5 above, any indemnities, warranties, terms and conditions (whether expressed or implied) are hereby excluded to the fullest extent permitted under applicable law.

7.4 Subject to section 7.1 above, PSM will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentation) or otherwise out of or in connection with the terms and conditions for any:

- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation; or
- Special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to section 7.1 PSM aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

8 Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

8.2 Where insurance is required for the use of products it is your duty to ensure that you are covered by appropriate insurance.

8.3 PSM shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

8.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for the privacy practices of such websites, the content of such websites, including and without limitation any advertising, content, products, goods or other materials or services on or available from such websites or resources or the use to which others make these websites or resources, nor any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

8.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by PSM.

8.6 PSM reserves the right to transfer, assign, ovate or sub-contract the benefits of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

8.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

8.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999 except:

a) A person who is a permitted successor or assignee under section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.

b) No consent from the persons referred to in section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).

8.9 No delay or failure by PSM to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of PSM.

8.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and PSM relating to the use of the website (including the order of products) and sets forth the entire agreement and understanding between you and PSM for your use of this website.

The PSM Lawnmowers website is operated by
P S Marsden (Lawnmower Services) Ltd
Private Road No-8
Colwick Industrial Estate
Colwick
Nottingham
NG4 2JX

We recommend you print out a copy of these terms and conditions for your future reference.

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