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Terms and Conditions

Welcome to Modern Garden!

These terms and conditions outline the rules and regulations for the use of Modern Garden’s Website, located at https://modern-garden.co.uk/.

By accessing this website we assume you accept these terms and conditions. Do not continue to use https://modern-garden.co.uk/ if you do not agree to take all of the terms and conditions stated on this page. Our Terms and Conditions were created with the help of the Terms And Conditions Generator and the Free Terms & Conditions Generator.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing https://modern-garden.co.uk/, you agreed to use cookies in agreement with the Modern Garden Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Modern Garden and/or its licensors own the intellectual property rights for all material on https://modern-garden.co.uk/. All intellectual property rights are reserved. You may access this from https://modern-garden.co.uk/ for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from https://modern-garden.co.uk/
  • Sell, rent or sub-license material from https://modern-garden.co.uk/
  • Reproduce, duplicate or copy material from https://modern-garden.co.uk/
  • Redistribute content from https://modern-garden.co.uk/

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Modern Garden does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Modern Garden, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Modern Garden shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Modern Garden reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Modern Garden a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Modern Garden; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Modern Garden. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Modern Garden’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

We take all reasonable care to ensure that the price of the items indicated to you (the customer) is correct, but Modern Garden may amend prices at any time. Despite our best efforts, a small number of the items on our website may be mispriced or incorrectly stocked; If the correct price of an item sold by Modern Garden is higher than our stated price, we will, at our discretion cancel your order and notify you of such cancellation. If for any reason payment has already been taken, it will be re-credited to Your credit or debit account.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Porcelain Tiles Terms & Conditions

Variance In Sandstone

Stone is a natural product and no two pieces are ever identical. While certain products exhibit minor discrepancies from one slab, or batch to another, others display significant variation. This can include a variance of colour, texture, individual markings and natural imperfections. This should be noted when viewing a natural stone product, both online or in our showroom. Samples sent/collected by customers should only be used to give an indication of a products appearance as giving an accurate representation of the stone through a single 100x100mm sample is unfeasible. We highly advise visiting our showroom to see the stone in its intended environment. Please note that what you observe in the showroom may differ from the stone you ultimately receive. However, examining multiple samples will give you a clearer understanding of what to expect.

Variance In Porcelain 

Porcelain products may vary between packs and batches. While some batches may appear identical, others may have different tones or tile size calibration. The product batch code will be displayed on the pallet and should be checked before installation. Products with varying batch codes should be mixed to achieve a blended appearance. HR Modern Garden will not be liable for labour costs and/or compensation if different batch tiles are installed without mixing.

Tile Photos On Our Website/Social Media 

All Tile photos are meticulously reviewed before posting, they will never be edited to change the tile appearance. The colour/appearance shown is as accurate as modern technology allows, however it should be noted the photo wont always be an identical match to the product you receive. We therefore recommend visiting our showroom for a better understanding of the product, examining multiple samples will give you a clearer understanding of what to expect.

Tile Tolerance 

Note that all tile sizes quoted are nominal and may vary in accordance with our manufacturers tolerance. Tolerance may be +/- 5mm. Therefore we advise measuring the tiles when they arrive before marking out your paving area. Alternatively call a member of our team who can give an accurate batch measurement. 

Porcelain Tile Bowing Tolerance 

All porcelain tiles will have a slight bow due to how they are manufactured. This should only ever be 3mm over 100cm. This should be checked before installation and accounted for during the laying process. Flags with a tolerance above 3mm will be replaced/refunded at our cost. Please note we will consider installed flags as accepted, these won’t be refunded.

Small Chips On Tile Edges 

The procedures of processing, handling, and transportation may result in minor chips to the edges and corners of slabs. Despite our substantial investment in packaging and meticulous handling to ensure your stone arrives in optimal condition, some slight chips are regrettably inevitable and are typical within the stone sector. The majority of these imperfections should become inconspicuous once the stone is installed and grouted. We suggest opening all crates and organizing your slabs before starting installation. This enables you to identify and set aside any slabs with more significant chips for cutting purposes.

My Stone Slabs Have Some Markings On Them, Are They Faulty?

Every natural stone possesses inherent characteristics like veining, pitting, and blemishes, which are entirely normal and acceptable for installation. However, if there are specific prominent features that you believe may not suit your preference, it’s advisable to reserve these tiles for cutting and waste.

Palletised Paving Delivery And Lead Times

Most of our stone is readily available in stock, typically we offer next-day delivery for orders placed and paid for before 12pm the preceding day. Nonetheless, it’s advisable to allocate ample time for delivery. Delivering stone can sometimes pose challenges such as stock and/or haulier issues. Additionally, deliveries might occur later in the day, so it’s wise not to schedule stone laying for the delivery day itself. We will not be liable for project delays caused by hauliers. We advise to have all materials on site before your landscaper is due to start your project.  

Bespoke services or special orders require additional processing time, so the earlier you place your order the better. If using a bespoke/special order, please ask a member of our team for an estimated delivery time. These may vary depending on manufacturing or everchanging shipping times.                    

Nationwide deliveries are facilitated through an external pallet freight company. This service operates strictly on a kerbside basis, you should arrange labour to move the goods from the roadside onto your property. 

Please note that delivery drivers are unable to transport slabs into your back garden, so it’s essential to arrange adequate labour for this task. Should you have any questions or reservations regarding delivery methods or suitability, our sales advisors are available to assist you.

Access Issues At The Delivery Address, Can You Still Deliver To Me?

 Frequent deliveries are carried out using sizable vehicles. It’s essential to confirm there are no restrictions for such vehicles, or to make necessary arrangements in advance. Restrictions may include width or height limitations, Red Routes, unadopted roads, unlevel ground, or permit parking bays, among others. The haulage company we use maintain a diverse range of vehicles capable of accommodating various requirements. If uncertain, feel free to reach out to us beforehand for clarification.

The pallet freight vehicles are equipped with a tail lift, requiring a flat, hard-standing area for unloading (not gravel or grass). Deliveries cannot be made on an incline and we must be notified at the time of placing the order of any potential access issues. If we aren’t notified and goods are returned to us due to delivery access issues, a refund will be processed minus a £100 per pallet haulage charge.  

When Should I Book In My Installers And When Should I Order Materials?

We highly advise scheduling work only after goods have been delivered to site. Despite our efforts to maintain ample stock levels, even readily available products may sell out and become unavailable when required. Incoming stock deliveries, special orders, and bespoke orders are all susceptible to delays that are beyond our control.

Ordering Full Or Partial Pallets
When ordering a ‘stock’ item, feel free to purchase only the quantity you require. We understand the frustration of having to order more than necessary, so we’re more than willing to split our pallets of tiles if needed. Please note that some ‘special order’ items must be ordered in full pallets, as these are delivered directly from the factory they cant be split down. 

What Size Should Pointing Gaps Be?

For riven paving, we suggest a minimum pointing gap of approximately 10mm, while for sawn stones, we recommend a minimum gap of around 5mm. It’s important to account for any dimensional variations in the slabs when creating the joints to achieve a uniform overall finish.

Does It Matter Which way I lay my riven sandstone

All natural stone slabs have a distinguishable top and bottom. The top side consistently presents the more aesthetically pleasing appearance. In the case of riven sandstone, the top typically features a larger, flatter surface, with the edges tapering slightly towards the bottom of the slab. If you’re uncertain, feel free to reach out, and we’ll gladly provide assistance.

Has Sawn Stone Got A Top And Bottom Or Can I Lay It Any Way Round?

For Sawn Stone, typically, the top side exhibits more texture, such as a sandblasted finish, while any calibration marks, if present, will be on the bottom. Additionally, if pre-sealed, the top surface of the stone will remain non-absorbent to water, whereas the bottom may absorb water.

Can I Install Natural Stone As It Gets Delivered To Me?

Before laying the stone, it’s recommended to open and mix pallets rather than laying from one pallet at a time. This practice ensures an even distribution of natural variation and colour. Additionally, it provides an opportunity to identify any pieces that may need to be set aside for cuts and waste.

Is The Stone Ready To Be Installed On Delivery?

In most instances, yes. However, if the stone is stored outdoors, it may arrive with residual moisture and occasionally require cleaning before installation. If sealing it on-site, the stone must be allowed to dry beforehand.

Sealing Natural Stone

We highly recommend applying a sealant to natural stone with a sawn or smooth finish. It’s also advisable to seal riven natural stone, as this will simplify cleaning and maintenance and guard against lasting stains. 

This is particularly crucial in areas of heavy foot traffic. Sealing your stone is strongly recommended to shield it from permanent stains. However, it’s important to note that a sealant does not eliminate the necessity for a regular cleaning and maintenance routine. 

Top Tip: Always test your sealer on a small area, ideally to ensure it has no adverse effects on your paving. 

Discolouration After Laying My Tiles – Oxidation And Rust

After laying your tiles, discolouration can manifest on certain types of sandstone/Granite tiles. This is due to the Iron minerals in the tile reacting with the ground and being drawn from the tile. Once drawn from the tile the minerals react with the air, causing a rust appearance on the surface of the tile. 

Mineral oxidation is an entirely natural occurrence and won’t affect the performance of your paving. The visible effects of this will naturally dissipate over time and there are plenty of products available which will help you to remove the marks if you’d like to speed up the process.

Feel free to contact one of our team for more advice on preventing, or combating rust marks on your paving. 

Ordering Extra Slabs For Breakage/Wastage?

We suggest customers consider ordering an extra 10% to account for breakage/wastage. It is accepted in the paving industry that a small amount of breakages may be incurred during transit, while laying or cutting tiles. Most projects will also require wastage, as tiles will be cut to fit the desired area. Additionally, it allows for the disposal of any slabs with undesirable characteristics such as natural colour variation or veining.

If products are received in a damaged condition, HR Modern Garden must be notified at the earliest opportunity. This should be reported in writing, or via email to info@modern-garden.co.uk . Photos of all damages will be required. Damages outside of the 10% breakage/wastage policy will be replaced, or refunded.

All damaged goods must be kept, as these will be collected and returned to HR Kilns, 5&7 Gorsey Place, Skelmersdale for inspection and insurance purposes. 

Please note we cannot replace or refund and damaged tiles that have been installed. All goods fitted will be considered as accepted. 

Faulty Products 

We should be notified of all faulty products no more than 30 days from collection/delivery to site. Faulty products will be refunded without deduction in accordance with The Consumer Rights Act 2015. 

Discoloured Natural Stone

Stone is typically an inert product. If it becomes discoloured or marked, the cause is usually site-related rather than a fault with the paving product, especially if sourced from a reputable supplier.

Returning Goods If You Change Your Mind 

You have the option to cancel your order within 14 days from the date of delivery/collection. You then have a further 14 days to return the goods HR Kilns, Gorsey Place, Skelmersdale, WN8 9UP 

Goods must be returned in pristine condition, unused and in original packaging. Failure will result in the return being refused. Goods returned with damages will be deducted from the refund amount. Alternatively, we can arrange collection of the material, but this will incur a £100 per pallet collection cost. This will be deducted from the refund total. Please note, we will not be liable for damage caused during the collection transit. Damaged goods will also be deducted from the refund total. For more details, please contact a member of our team.

Once the goods are returned, we will process your refund within 14 days to your original payment method. 

Bespoke or ‘special order’ items cannot be accepted as returns. These are products manufactured, or imported specifically for a customer’s request. The goods will therefore be unsellable id returned. 

Re-stocking Fees?

Retail customers will not face a restocking fee for returning goods within the 14-day period. However, trade customers will be subject to a restocking fee of 20% for returned items.

I’ve Noticed An Issue With My Product Once Its Been Delivered. What Should I Do?

If you encounter any concerns with a product, please reach out to us as soon as possible. Addressing product issues becomes more challenging once the product has been installed. If installed nonetheless, you are essentially acknowledging receipt of the goods and may have limited recourse for lodging a complaint afterward.

In the event of an error with your order, if the material arrives damaged, faulty, unfit for its intended purpose, or not as described, you have a 30-day window from the delivery date to arrange for a return. We will arrange for the collection of the material at our expense if there is an issue with your product.

You may be required to send photos to show the product issues before a collection is arranged. Once the goods are returned, we will process your refund within 14 days to your original payment method. 

Cancellation By Modern Garden

Although this is a last resort, we reserve the right to cancel the contract between us for the following reasons. Insufficient stock levels, delivery restrictions/our haulier being unable to deliver to your postcode, one or more goods listed at an incorrect price due to a typographical error, and/or an error in the pricing information received by us from our suppliers. 

If you contract is cancelled, you will be notified at the earliest opportunity by email. A full refund will be credited to your credit card as soon as possible, always within 30 days. We will not be obliged to offer any additional compensation for any disappointment suffered.