Your Terms and Conditions of Sale and Website Use
1. Introduction
1.1 This website is owned and operated by Abersoch Garden Centre trading as BBQs 2U. Our trading address is Abersoch Garden Centre, Abersoch, Pwllheli, Gwynedd, LL53 7UD. Our VAT number is 793457975.
1.2 These terms and conditions apply when you buy goods from us through this website, by telephone, by email, in person, or otherwise use this website.
1.3 Please read these terms carefully before placing an order. By placing an order with us, you agree to these terms.
1.4 We may update these terms from time to time. The terms which apply to your order will be the terms in force at the time your order is accepted by us.
1.5 Nothing in these terms affects your statutory rights as a consumer.
1.6 In these terms, a "consumer" means an individual buying goods wholly or mainly for personal use and not for business, trade or professional purposes. A "business customer" means any customer buying goods wholly or mainly for business, trade or professional purposes.
2. Product information, images and specifications
2.1 We take reasonable care to ensure that product descriptions, prices, images, availability and specifications on our website are accurate. However, images are for illustrative purposes only and colours, finishes, packaging, accessories and minor product details may vary slightly from those shown.
2.2 Product specifications, dimensions, weights, fuel requirements, compatibility information and included accessories may be changed by the manufacturer from time to time. We recommend checking the manufacturer’s current product information before purchase where a particular feature, size, accessory, finish or compatibility requirement is important to you.
2.3 It is your responsibility to ensure that any product you purchase is suitable for your intended use, available space, fuel type, ventilation, installation requirements and any applicable local restrictions.
3. Safety, assembly, installation and use
3.1 Many of the goods we sell, including BBQs, pizza ovens, gas appliances, fuel-burning products, outdoor kitchens, electrical products and accessories, must be assembled, installed, used, cleaned, stored and maintained strictly in accordance with the manufacturer’s instructions.
3.2 Unless the manufacturer states otherwise, BBQs, pizza ovens, gas appliances and fuel-burning products are for outdoor use only and must not be used indoors, in enclosed spaces, tents, garages, sheds, conservatories, vehicles or any area without suitable ventilation.
3.3 You must use the correct gas type, regulator, hose, fuel, electrical supply, accessories, clearances and safety procedures specified by the manufacturer. You must not modify products, bypass safety devices, use incompatible accessories, or attempt unauthorised repairs.
3.4 We are not responsible for loss, damage, faults or safety issues caused by incorrect assembly, incorrect installation, incorrect fuel or gas supply, misuse, neglect, lack of maintenance, unauthorised modification, unauthorised repair, accidental damage, failure to follow the manufacturer’s instructions, or use outside the manufacturer’s intended purpose.
3.5 This section does not limit your statutory rights where goods are faulty, not as described or not fit for purpose.
4. Payment and price
4.1 Payment must be made using one of the payment methods available on our website or otherwise agreed by us. We will only process your order if payment is authorised by our payment provider.
4.2 The price for the goods is the price shown on our website at the time you place your order, subject to these terms. Unless stated otherwise, prices include VAT.
4.3 Delivery charges are shown during checkout where applicable. Delivery charges may vary depending on the delivery address, delivery method, product size, product weight, pallet requirements, postcode restrictions and any special delivery arrangements.
4.4 If we have made an obvious pricing, promotional, stock or product information error, we are not obliged to supply the goods at the incorrect price or on the incorrect terms. If this happens, we will contact you and you may either place a new order on the correct terms or cancel the order for a full refund of any amount already paid.
4.5 Customs duties, import taxes, local taxes, handling fees or other charges imposed by authorities outside the United Kingdom are your responsibility unless we expressly state otherwise.
5. Price match, promotions and discount codes
5.1 Any price match, promotional offer, discount code, voucher, loyalty reward or special offer is subject to availability and any specific terms stated with the offer.
5.2 Price matching is at our discretion. The compared product must be identical, brand new, in stock, available for immediate purchase from a UK retailer, and offered with comparable delivery terms. We do not offer retrospective price matching after an order has been placed unless we expressly agree otherwise.
5.3 Discount codes and promotions cannot be used retrospectively, cannot usually be combined with other offers, and may exclude sale items, bundles, pre-orders, price-matched products, delivery charges, gift cards, selected brands or selected products.
5.4 We reserve the right to withdraw, amend or refuse any promotion, discount, price match or loyalty reward where we reasonably believe there has been an error, abuse, fraud, misuse or breach of the applicable terms.
6. Your order and contract formation
6.1 Your order is an offer to buy goods from us. Please check your order carefully before submitting it.
6.2 Any order acknowledgement email confirms that we have received your order. It does not mean that your order has been accepted.
6.3 A contract between you and us is formed when we dispatch the goods or otherwise expressly confirm that your order has been accepted.
6.4 We may decline or cancel an order before acceptance where goods are unavailable, payment is not authorised, there is an obvious error, delivery is not available to your address, we suspect fraud or misuse, or we are otherwise unable to fulfil the order.
6.5 If we cancel an order after payment has been taken but before acceptance, we will refund the amount you have paid for the cancelled goods.
7. Availability, pre-orders and backorders
7.1 Stock availability shown on our website is provided in good faith but is not guaranteed until your order is accepted.
7.2 Where goods are sold on a pre-order, backorder or special-order basis, any estimated delivery date is an estimate only and may change due to supplier, manufacturer, shipping, customs, courier or other delays outside our reasonable control.
7.3 If an item is unavailable or delayed, we will contact you as soon as reasonably possible. If you do not wish to wait, you may cancel the affected item before dispatch and receive a refund for that item.
7.4 Limited edition items, colour options, bundles, promotional products and manufacturer-controlled stock may become unavailable without notice.
8. Delivery
8.1 We will arrange delivery to the address you provide when placing your order. You are responsible for ensuring that the delivery address, contact details and access information are accurate and complete.
8.2 We will do our best to deliver within the timescales stated on our website or otherwise agreed with you. Delivery times are estimates unless we expressly state that a delivery service is guaranteed.
8.3 "Next working day" and other expedited delivery services are subject to stock availability, payment authorisation, order cut-off times, courier availability, postcode restrictions and other delivery conditions. Remote areas, islands, the Scottish Highlands, Northern Ireland, Channel Islands, offshore addresses and certain postcodes may take longer or incur additional charges.
8.4 We are not responsible for late delivery to the extent that delay is caused by circumstances outside our reasonable control, including courier delays, supplier delays, severe weather, strikes, road closures, customs delays, failed delivery attempts, incorrect address details or access restrictions.
8.5 If no one is available to accept delivery, if you provide incorrect delivery details, if delivery access is unsuitable, or if you fail to collect goods from a depot or rearrange delivery within the courier’s required timeframe, we may charge you any reasonable redelivery, storage, return or administration costs incurred by us.
9. Large item and pallet delivery
9.1 Some goods are delivered by pallet or specialist courier due to their size, weight or value.
9.2 Unless we expressly agree otherwise in writing, pallet deliveries are kerbside only. The driver may not be able to move goods into your property, garden, garage, outbuilding, commercial premises or any specific location beyond the kerbside or nearest safe accessible delivery point.
9.3 You are responsible for ensuring that there is suitable delivery access for large vehicles, pallet trucks and heavy goods. This includes checking for narrow roads, gravel drives, steep slopes, steps, restricted access, low bridges, parking restrictions and any other access issues.
9.4 The driver is not required to unpack, assemble, install, remove packaging, remove pallets, dispose of old products, carry goods upstairs, or move goods through your property unless this has been expressly agreed in advance.
9.5 If delivery cannot be completed because of access issues, absence, incorrect information or unsuitable conditions, we may charge you any reasonable redelivery, storage, return or administration costs incurred by us.
10. Risk and ownership
10.1 For consumers, risk of loss or damage to the goods passes to you when the goods are delivered to you, to a person nominated by you, or to a safe place or collection point requested by you.
10.2 If you arrange your own courier or collection service, risk passes to you when the goods are handed to that courier or collection service.
10.3 Ownership of the goods passes to you when we have received payment in full and the goods have been delivered, unless otherwise agreed in writing.
11. Damage, shortages and incorrect items on delivery
11.1 Please inspect the packaging and goods as soon as reasonably possible after delivery.
11.2 If goods arrive damaged, incomplete or incorrect, please contact us promptly at [email protected] with your order number and clear photos of the packaging, delivery label, damage, missing parts or incorrect item.
11.3 Reporting issues quickly helps us resolve matters with the courier, supplier or manufacturer. However, this does not affect your statutory rights as a consumer.
11.4 Please keep all packaging, pallets, accessories, manuals and parts until the issue has been resolved, as these may be needed for inspection, return, replacement or courier claims.
12. Consumer right to cancel for change of mind
12.1 If you are a consumer buying online, by telephone or by another distance-selling method, you usually have the right to cancel your order without giving a reason.
12.2 Your cancellation period ends 14 calendar days after the day on which you, or a person nominated by you, receives the goods.
12.3 To cancel, you must tell us clearly that you wish to cancel. You can do this by emailing [email protected] or by contacting us using the contact details on our website.
12.4 If your order is delivered in multiple deliveries, the cancellation period runs from the day after you, or a person nominated by you, receives the final item in the order.
12.5 You do not have a change-of-mind right to cancel for goods which are made to your specification, clearly personalised, bespoke, custom-made, sealed goods which are not suitable for return for health protection or hygiene reasons once unsealed, or any other goods excluded from cancellation rights by law.
12.6 Your legal cancellation rights are separate from any goodwill returns policy we may offer.
13. Returning goods after change-of-mind cancellation
13.1 If you cancel under section 12, you must return the goods to us without undue delay and no later than 14 calendar days after the day on which you told us you wished to cancel.
13.2 Unless we agree otherwise, you are responsible for the cost of returning goods cancelled because you have changed your mind.
13.3 Please contact us before returning goods so that we can provide the correct return instructions. This helps ensure that your return is processed correctly.
13.4 You are responsible for ensuring that returned goods are packaged securely and arrive with us safely. We recommend using an insured and trackable delivery service appropriate for the size, weight and value of the goods.
13.5 You may inspect the goods as you would in a shop, but you must not use, assemble, install, cook with, fuel, fire, modify, damage or handle the goods beyond what is necessary to establish their nature, characteristics and functioning.
13.6 For large items such as BBQs, pizza ovens, outdoor kitchens, trolleys and appliances, assembly, installation, firing, cooking, use, marking, scratching, fuel residue, grease, smoke staining, damaged packaging, missing parts or attempted disassembly will usually go beyond reasonable inspection and may significantly reduce the value of the goods.
13.7 We may reduce your refund to reflect any reduction in the value of the goods caused by handling, assembly, use, damage, missing parts or missing packaging beyond what is necessary to inspect the goods.
13.8 Refunds for change-of-mind cancellations will include the price paid for the goods and the cost of our least expensive standard delivery option, where applicable. We will not refund any additional amount paid for enhanced, premium, timed, Saturday, pallet upgrade or other special delivery services unless required by law.
13.9 We may withhold the refund until we have received the goods back or you have provided evidence that you have returned them, whichever is earlier.
13.10 Refunds will be made using the original payment method unless we agree otherwise.
14. Faulty, damaged, missing or mis-described goods
14.1 If you believe goods are faulty, damaged, missing parts, incorrect or mis-described, please contact us as soon as reasonably possible at [email protected].
14.2 Please provide your order number, contact details, a clear description of the issue, photos and/or videos where helpful, the product serial number where available, and any relevant manufacturer case number or diagnostic information.
14.3 You must stop using any product which you believe may be unsafe or faulty and follow any safety instructions given by us or the manufacturer.
14.4 If you are a consumer and goods are faulty, not as described or not fit for purpose, your rights are governed by the Consumer Rights Act 2015.
14.5 If a fault is confirmed within 30 days of delivery, you may be entitled to reject the goods for a refund.
14.6 If a fault arises after 30 days but within 6 months of delivery, we will usually have the opportunity to repair or replace the goods first, unless this is impossible, disproportionate, cannot be done within a reasonable time, or would cause significant inconvenience.
14.7 If a repair or replacement is not possible, is unsuccessful, is not provided within a reasonable time, or causes significant inconvenience, you may be entitled to a refund or price reduction in accordance with your statutory rights.
14.8 After 6 months, you may be required to provide evidence that the fault was present or developing at the time of delivery.
14.9 We may ask for reasonable evidence before agreeing the appropriate remedy. This may include photos, videos, serial numbers, diagnostic information, inspection, return of the goods, or confirmation from the manufacturer.
14.10 If goods are confirmed to be faulty, damaged, incorrect or mis-described and you are entitled to a remedy, we will be responsible for reasonable return, collection or replacement delivery costs where required by law.
14.11 If goods are inspected and no fault is found, or the issue has been caused by misuse, incorrect assembly, incorrect installation, incorrect fuel or gas supply, lack of maintenance, unauthorised repair, accidental damage, wear and tear, or failure to follow the manufacturer’s instructions, we may decline the claim and may charge reasonable collection, inspection, redelivery or administration costs.
14.12 This section does not affect your statutory rights.
15. Manufacturer warranties and warranty claims
15.1 Many products we sell are supplied with a manufacturer warranty. Manufacturer warranties are provided by the manufacturer and are in addition to your statutory rights.
15.2 Manufacturer warranties do not replace your statutory rights against us as the retailer.
15.3 For technical products, gas appliances, BBQs, pizza ovens, electrical controllers, igniters, specialist parts and products covered by a manufacturer warranty, the manufacturer may be best placed to diagnose the issue and confirm whether a repair, part, replacement or other remedy is appropriate.
15.4 Where you have already opened a warranty claim with the manufacturer, we may ask you to provide the manufacturer warranty case number, diagnostic report, confirmation of fault, serial number, photos, videos and correspondence before we can review the matter and confirm the next steps.
15.5 In some cases, the manufacturer may arrange inspection, parts, repair, collection or replacement directly with you under their warranty process. We will review each case in line with your statutory rights and the information available.
15.6 You must not dispose of, modify, repair, disassemble or continue using goods that are subject to a warranty or faulty-goods claim unless we or the manufacturer advise you to do so.
16. Refunds
16.1 Where a refund is due, we will refund you using the original payment method unless we agree otherwise.
16.2 Refund timing may depend on the reason for the refund, whether goods need to be returned, whether inspection is required, and the processing times of banks, card providers, finance providers or payment providers.
16.3 Where you paid using a third-party finance or payment provider, any refund will usually be processed back through that provider. The provider’s own terms may also apply.
16.4 We are not responsible for delays caused by banks, card issuers, finance providers or payment providers after we have processed a refund.
17. Business and trade customers
17.1 If you buy goods wholly or mainly for business, trade or professional purposes, you are not buying as a consumer and consumer cancellation rights do not apply.
17.2 Business customers must inspect goods promptly on delivery and notify us of any damage, shortage, incorrect item or visible defect as soon as reasonably possible and, in any event, within 48 hours of delivery.
17.3 For business customers, we are not liable for loss of profit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, business interruption or any indirect or consequential loss.
17.4 For business customers, our total liability arising out of or in connection with an order will not exceed the price paid for the goods giving rise to the claim, except for liability which cannot legally be excluded or limited.
17.5 These business customer terms do not apply to consumers.
18. Payment providers and finance
18.1 Where payment is made through a third-party payment or finance provider, that provider’s own terms and conditions may apply.
18.2 Approval of any finance, pay-later or instalment payment option is at the discretion of the relevant provider. We are not responsible for any refusal of credit or payment authorisation.
18.3 If your order is cancelled or refunded, any related payment or finance arrangement may be adjusted or cancelled in accordance with the provider’s terms.
19. Our responsibility to you
19.1 Nothing in these terms limits or excludes our liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, breach of your statutory rights as a consumer, or any other liability which cannot legally be excluded or limited.
19.2 If you are a consumer, we are responsible for losses you suffer that are a foreseeable result of our breach of these terms or our failure to use reasonable care and skill. We are not responsible for losses that are not foreseeable.
19.3 We supply goods to consumers for domestic and private use only. If you use consumer goods for commercial, business or resale purposes, we will not be liable to you for business losses, including loss of profit, loss of business, business interruption or loss of business opportunity.
19.4 You must give us a reasonable opportunity to remedy any matter for which we are responsible before you incur costs remedying the matter yourself.
19.5 We are not responsible for loss or damage caused by your misuse, neglect, incorrect assembly, incorrect installation, incorrect fuel or gas supply, unauthorised repair, modification, failure to maintain the goods, failure to follow manufacturer instructions, or use of the goods outside their intended purpose.
20. Your responsibility to us
20.1 You are responsible for ensuring that information you provide to us is accurate, including your name, address, delivery details, contact details, product information, fault descriptions and warranty claim information.
20.2 You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of these terms, subject to our duty to take reasonable steps to reduce our loss.
21. Intellectual property rights
21.1 All trade marks, logos, graphics, images, photographs, videos, text, software, website design and other content on this website are owned by us or licensed to us.
21.2 You may view and use the website for private, genuine, non-commercial use only. You must not copy, reproduce, modify, download, scrape, sell, distribute, reverse engineer or otherwise exploit website content without our prior written consent, except where permitted by law.
22. Website availability and use
22.1 We will do our best to maintain the operation of our website, but we do not guarantee that it will always be available, uninterrupted, secure or error-free.
22.2 We may suspend, restrict or update the website for maintenance, repair, improvement, security or other technical reasons.
22.3 You must not misuse our website, attempt unauthorised access, introduce viruses or malicious code, scrape data, interfere with website operation, or use the website for unlawful purposes.
23. Third-party websites
23.1 Our website may contain links to third-party websites. These links are provided for convenience only.
23.2 We do not control, endorse or accept responsibility for third-party websites, their content, their terms, their privacy practices, or any goods or services they offer. You use third-party websites at your own risk.
24. Events outside our reasonable control
24.1 We are not liable for failure to perform or delay in performing any obligation under these terms where the failure or delay is caused by events outside our reasonable control.
24.2 Events outside our reasonable control may include supplier delays, manufacturer delays, courier delays, strikes, industrial action, severe weather, fire, flood, accident, pandemic, epidemic, war, terrorism, civil unrest, import or export delays, customs delays, power failure, IT failure, changes in law, or any other event beyond our reasonable control.
25. Privacy and data protection
25.1 We will handle your personal information in accordance with our Privacy Policy and applicable data protection laws.
25.2 Please see our Privacy Policy for details of how we collect, use and protect your personal information.
26. Complaints
26.1 If you have a complaint, please contact us at [email protected] or write to us at Abersoch Garden Centre, Abersoch, Pwllheli, Gwynedd, LL53 7UD.
26.2 Please include your order number, contact details, a clear description of the issue, and any photos, videos, serial numbers, warranty case numbers or other information that may help us investigate.
26.3 We aim to acknowledge and respond to complaints within a reasonable time. More complex complaints, technical issues, courier claims or manufacturer warranty matters may take longer to investigate.
26.4 If we cannot resolve a consumer complaint directly, we will explain our position and any further options available to you. Nothing in this section affects your statutory rights.
27. Governing law and jurisdiction
27.1 These terms are governed by the law of England and Wales.
27.2 If you are a consumer, you may bring legal proceedings in the courts of England and Wales. If you live in Scotland or Northern Ireland, you may also be entitled to bring proceedings in the courts where you live.
27.3 If you are a business customer, any dispute arising out of or in connection with these terms, the website or any order will be subject to the exclusive jurisdiction of the courts of England and Wales.
28. General
28.1 Each section of these terms operates separately. If any part of these terms is found to be invalid, unlawful or unenforceable, the rest of the terms will continue to apply.
28.2 If we do not enforce any part of these terms immediately, this does not mean that we cannot enforce it later.
28.3 You may not transfer your rights or obligations under these terms without our prior written consent.
28.4 We may transfer our rights and obligations under these terms to another organisation, provided this does not affect your statutory rights as a consumer.
28.5 A person who is not a party to these terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term, except where these terms expressly state otherwise.
