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Terms & Conditions

Last updated: 10 August 2024

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1. About us

Monkey Bar Store Limited (“we”, “us”, “our”) operates www.monkeybarstore.co.uk (the “Site”).

  • Company number: SC806284

  • Registered office: 18 Carron Den Way, Stonehaven, AB39 2QS, United Kingdom

  • Trading/returns address: Unit 16, Spurryhillock Industrial Estate, Stonehaven, AB39 2NH, United Kingdom

  • Contact: info@monkeybarstore.co.uk

  • Payment providers: Wix Payments and PayPal

These terms apply to all sales of products (“Products”) via the Site. By placing an order, you agree to these terms.

 

2. Definitions

  • Consumer: an individual acting wholly or mainly outside their trade, business or profession.

  • Business Customer: any customer that is not a Consumer (e.g., schools, companies).

  • Order: your offer to purchase Products from us.

  • Contract: the legally binding agreement formed when we accept your Order.

 

3. Using the Site

The Site and its content are provided “as is” and may change without notice. You must not misuse the Site (e.g., introduce malware, attempt unauthorised access). All intellectual property on the Site is owned by us or our licensors; you may only use it to browse and place orders.

 

4. Orders & acceptance

  • Your Order is an offer to buy. We’ll acknowledge receipt, but acceptance occurs only when we dispatch the Products or explicitly confirm acceptance.

  • We may refuse an Order (e.g., stock issues, pricing errors, risk concerns). If payment was taken, we’ll refund you.

  • Please review your Order carefully (sizes, colours, quantities, delivery address). You’re responsible for accurate details.

 

5. Prices, VAT & payment

  • Prices are shown in GBP and include VAT unless stated otherwise.

  • We use Wix Payments and PayPal. We do not store full card details.

  • If a pricing or description error is discovered, we may cancel before dispatch and refund any payment.

  • Promotional codes may be withdrawn at any time and cannot be exchanged for cash.

 

6. Delivery

  • Where we deliver: All of the United Kingdom, including islands.

  • Dispatch: within 3–4 days of acceptance (business days).

  • Typical delivery time: within 10 days of dispatch (some remote postcodes may take longer).

  • Carriers: usually UPS and DX Courier.

  • Signature: not always required. Courier confirmation (e.g., scan/photo/GPS) may be used as proof of delivery. If you nominate a safe place or neighbour, delivery to that location counts as delivery to you.

  • Missed delivery / access issues: If delivery fails due to inaccurate information or access problems, we may charge reasonable redelivery or storage costs.

  • Risk & title: Risk passes on delivery to the address (or safe place/neighbour you instruct). Title passes once we receive full payment.

Under the Consumer Rights Act 2015, if no specific delivery date is agreed, we will deliver within 30 days of acceptance.

 

7. Installation & safety (important)

  • Products must be assembled by adults strictly in accordance with our instructions.

  • If you use a third-party installer, you remain responsible for their work; we are not liable for their acts or omissions.

  • Ensure a suitable, level site with appropriate anchoring and ground surfacing; follow any local guidelines.

  • Products are for outdoor use. Do not use during high winds, storms, ice or other unsafe conditions.

  • Adult supervision is required whenever children use the equipment. Use only as intended.

  • Normal wear (weathering, UV, surface corrosion/finish changes, perishable parts) is expected and not a defect.

 

8. Consumer right to cancel (distance sales)

Consumers only.

  • You have 14 days from the day after delivery to cancel for any reason (Consumer Contracts Regulations 2013).

  • Email info@monkeybarstore.co.uk with your order number to cancel.

  • Return the Products within 14 days of telling us. You are responsible for return postage and for the Products while in your possession.

  • We will refund the Product price and the standard outbound delivery charge (if you chose an enhanced service, we refund only the standard rate) within 14 days of receiving the goods (or proof of return), using your original payment method.

  • We may deduct for diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Custom builds: Where a Product is made to your specifications or clearly personalised, the 14-day cooling-off right does not apply (Consumer Contracts Regulations 2013, Reg 28). Your statutory rights for faulty goods remain.

 

9. Goodwill returns (beyond the 14-day cooling off)

  • Our goodwill policy allows unopened, unused Products to be returned within 30 days of delivery (Consumers and Business Customers).

  • You pay return postage.

  • We do not charge restocking fees under this goodwill policy.

  • This policy is discretionary and does not limit your legal rights (see clause 10).

 

10. Faulty or not as described

  • If a Product is faulty or mis-described, contact info@monkeybarstore.co.uk.

  • Consumers: you have a short-term right to reject within 30 days for a full refund, or you may choose repair/replacement as applicable under the Consumer Rights Act 2015.

  • Business Customers: remedies are limited to repair or replacement at our option within the warranty period (see clause 11).

 

11. Warranty (10 years)

  • We provide a 10-year warranty against manufacturing defects in materials and workmanship from the date of delivery.

  • Exclusions: normal wear and tear; cosmetic/weather/UV changes; surface corrosion after coating is compromised; damage from incorrect assembly or anchoring; unsuitable ground conditions; misuse, overloading, unauthorised modifications, neglect, lack of maintenance; use in conditions contrary to guidance (e.g., severe weather); commercial/industrial use where the Product is rated only for domestic use.

  • Anchor kits (if used) are aids only and do not guarantee immobility in adverse weather or unsuitable ground.

  • We may require photos, video, proof of purchase and reasonable access for inspection.

  • Your statutory rights are not affected.

 

12. Limitation of liability

Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be limited.

  • Consumers: We are responsible for loss or damage you suffer that is a foreseeable result of our breach or negligence. We are not responsible for business losses (including loss of profit, revenue, goodwill, data or business interruption).

  • Business Customers: To the fullest extent permitted by law, all implied terms are excluded, and our total aggregate liability arising out of or in connection with a Contract is limited to the price paid for the Product(s) giving rise to the claim. We shall not be liable for indirect or consequential loss, loss of profit, loss of data, loss of production or loss of goodwill.

  • You are responsible for site selection, installation quality, supervision and safe use.

 

13. Custom builds

We supply custom builds. Custom specifications are confirmed in writing before manufacture. For custom items:

  • The 14-day cooling-off right does not apply (see clause 8).

  • Minor, non-material variations (e.g., small colour/finish differences due to manufacturing tolerances) are not defects.

  • We may request a deposit prior to manufacture.

 

14. Promotions, discounts & bundles

Promotions and codes apply to eligible Products during the stated period and cannot be exchanged for cash. If you return part of a discounted order, the refund reflects the actual amount paid per item after discount allocation. We may withdraw or amend promotions at any time.

 

15. Business Customers (B2B) – additional terms

Where you purchase in the course of business (including purchases by schools or institutions):

  • You confirm authority to bind the organisation.

  • Risk passes on delivery; title passes on full payment. Until then, you must store Products safely and not remove identifying marks.

  • You indemnify us against third-party claims arising from your installation, use or onward supply of Products, except to the extent caused by our negligence or defective Products.

  • Clause 11 (Warranty) is your exclusive remedy.

  • Clause 12 (Liability) applies in full.

 

16. Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control (e.g., extreme weather, strikes, carrier failures, shortages, pandemics, legal changes). We will notify you and take reasonable steps to minimise the effects. If there is a risk of substantial delay, you may end the Contract for a refund of items not received.

 

17. Intellectual property

All trademarks, logos, designs, images, text, and other content on the Site are owned by us or our licensors. You must not copy, reproduce, or use them without permission. You must not copy or replicate our product designs for commercial purposes.

 

18. Third-party links

Links to third-party websites are provided for convenience only. We do not control and are not responsible for their content or policies.

 

19. Privacy & cookies

See our Privacy Policy and Cookie Policy for details of how we handle personal data and tracking technologies.

 

20. Complaints & contact

If something isn’t right, email info@monkeybarstore.co.uk. We aim to resolve issues quickly and fairly. Consumers may also seek advice from Trading Standards or use ADR where available.

 

21. Governing law & jurisdiction

These terms are governed by the laws of Scotland.

  • Consumers may bring proceedings in their local UK court.

  • Business Customers agree to the exclusive jurisdiction of the Scottish courts.

 

22. Changes to these terms

We may update these terms from time to time. The terms in force when you place your Order apply to that Order.

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