Terms & Conditions

Please read these Terms & Conditions carefully before proceeding with your purchase.

By placing an order, you agree to be bound by these terms.

 

Playground Equipment Supplies and PES is a trading name and sub-brand of Maple Leaf Designs Ltd. All products, services, and transactions conducted under the Playground Equipment Supplies brand are operated and fulfilled by Maple Leaf Designs Ltd. By engaging with Playground Equipment Supplies, you acknowledge and agree that Maple Leaf Designs Ltd is the parent company responsible for the operation of this business and any related activities.

 

Terms & Conditions Definitions 

Products/Goods: Refers to all equipment, materials, and products supplied by Playground Equipment Supplies to the Customer under this agreement.

Customer: Refers to the company, individual, or establishment to whom the invoice or purchase order is addressed, or the person placing the order through the Company’s website.

Order Confirmation: Refers to the Customer's confirmation of the order to purchase Goods, which may be completed by:

(a) Clicking a purchase link online;
(b) Sending an email to the Company;
(c) Providing other written confirmation to the Company.

Company: Refers to Playground Equipment Supplies.

1. Deliveries

Playground Equipment Supplies only delivers to addresses located on the UK Mainland.**

1.1 All equipment is made to order. By consenting to these terms and conditions, you acknowledge that the manufacturing process typically takes approximately 3-4 weeks from the date your order is placed. This timeframe may vary based on material availability, and we will notify you via email should there be any delays. Some products may be kept in stock and will be shipped at the earliest opportunity. 

 1.2 Once your order has been placed, no alterations to sizing or materials can be made. It is the customer’s responsibility to ensure that the items will fit within the designated area. Refunds cannot be offered for processed orders.

 1.3 Most deliveries will be dispatched via courier/pallet delivery service and are expected to arrive within 3-5 working days after your dispatch email and/or notification. Unfortunately, we will not be able to give a specific delivery time. However, deliveries will arrive between 8.00am - 6pm, Monday to Friday. Please note, these timeframes may change depending on the shipping company used. We will endeavour to inform you should we receive an update from the courier of any delivery amendments. 

1.4 If the delivery address provided is communal or a shared public space (i.e. a school, hospital, business etc.) where anyone other than the recipient can accept the delivery, Playground Equipment Supplies will not be held responsible for any items not received. It is the customers responsibility to ensure that any deliveries can be made and that the recipient is on site on the day of delivery once shipping has been agreed. If a delivery cannot be made, the onus is on the customer to inform Playground Equipment Supplies at their earliest convenience prior to the agreed shipping date so that alternative arrangements can be made. 

1.5 Playground Equipment Supplies shall have no liability for any delay in delivery of the Goods, or failure to deliver the Goods, where the delay or failure is caused either by an "Event Outside Our Control" or your failure to provide us/the shipping company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

1.6 Neither party shall be deemed to have breached the Contract (refer to Section 3) or be held liable for any inability or delay in fulfilling delivery obligations (excluding any delay in payment for the Goods by the Customer) if such delay or failure arises due to a Force Majeure Event. A Force Majeure Event includes, but is not limited to, natural disasters, pandemics, acts of government, war, terrorism, riots, labour disputes, or any other events beyond the reasonable control of the affected party. Playground Equipment Supplies shall not be liable for any delays in the delivery of Goods resulting from a Force Majeure Event or for the Customer's failure to provide adequate delivery instructions necessary for the successful supply of Goods. In the event of a Force Majeure Event, both parties will make reasonable efforts to mitigate the effects of such an event and to resume normal operations as soon as possible.

1.7 It is the customer's responsibility to ensure they have the means to unload the goods upon arrival, especially if delivered on an oversized pallet. Oversized pallets cannot be unloaded using a tail lift; therefore, a forklift truck or similar equipment will be required to unload the pallet. Alternatively, items can be manually unloaded from the pallet, but it is the customer’s responsibility to ensure that adequate personnel are available on-site to assist with this. Additionally, the customer is responsible for the disposal of the pallet and packaging materials after delivery is completed.

1.7a Delivery does not include relocating items into specific locations; instead, it is the customer's responsibility to position the items where required. Delivery will be made to the nearest accessible and safe location for unloading. The customer will be informed in advance of any specific requirements related to delivery access to ensure a smooth unloading process.

1.7b In cases where deliveries can be unloaded using a tail lift, the Goods will be left at the nearest convenient point accessible by pallet truck. It remains the customer’s responsibility to transport the products to their desired location and to dispose of any packaging or pallets. Please note that aborted or rearranged shipping may incur additional costs to the customer.

2. Inspection for Damage and Completeness

2.1 If your order arrives with visible damage (e.g., crushed or torn packaging), you must either refuse delivery or sign for it as ‘damaged’ and notify Playground Equipment Supplies immediately. We recommend taking photos of the damage for your records. 

2.2 It is imperative that you inspect the Goods immediately upon delivery for any damage. If you discover that the Goods have been damaged during transit, you must notify us within 24 hours of receiving the delivery. To assist with our investigation and any potential claims with the shipping company, you must provide photographs of both the original shipping packaging and the damaged item. Based on our findings, we will determine the appropriate course of action, which may include repairing or replacing the damaged item.

2.3 It is your responsibility to verify the completeness of your delivery upon receipt of the Goods. If any items are missing from your delivery, you must inform us within 24 hours of receipt. Failure to report any missing items within this specified timeframe may prevent us from providing replacements without additional cost.

2.4 By accepting the delivery, the Customer is deemed to have inspected the products and acknowledged that they have found no damage or faults incurred during transit.

2.5 For orders delivered by pallet courier in the UK, we will contact you in advance to arrange a mutually suitable delivery date. Please note that we cannot provide a specific time frame for delivery, and tracking information may be limited. If you are unable to accept the delivery on the scheduled date, the pallet delivery company may impose additional charges for subsequent delivery attempts or for storage, for which you will be liable. Playground Equipment Supplies will not be responsible for any fees incurred due to a missed pallet delivery.

2.6 Once your order has been dispatched, you will receive a confirmation email. If your order does not arrive within 7 days of the estimated delivery date, it is essential that you notify us promptly so that we can investigate internally and with the shipping company. Please be aware that failure to inform us of the non-receipt of your order within this designated timeframe may hinder our ability to investigate or secure co-operation from the shipping company.

3. Contract

3.1 An order placed through the Website is regarded as a proposal to purchase the Goods under the terms of these Conditions. It is essential that you carefully review and verify your Order before submission, as you are responsible for confirming the accuracy of the Order's terms. You must ensure that all information provided in connection with the Order is true and accurate, and that you are the authorised user of the payment method used.

3.2 Receipt of an email confirmation, order acknowledgment, or any other electronic communication from us does not constitute our legal acceptance of your Order. The acceptance of your Order and the formation of a Contract will only occur when full payment for the Goods has been received by us, the Goods have been dispatched, and a dispatch confirmation has been sent to you. Ownership of the supplied Goods to the customer is only completed once the customer has received and acknowledged delivery of the Goods. 

3.3 In the unlikely event that you are able to place an Order for an item that is no longer available, or if it becomes necessary for Playground Equipment Supplies to modify or cancel your Order, we will contact you promptly. If your Order is cancelled by Playground Equipment Supplies, you will receive a full refund via your original payment method.

3.4 Any dates provided for the supply of the Goods are estimates only. While we will make every effort to meet these dates, we cannot be held liable for minor delays or shortcomings. Specifically, we shall not be liable for any delays caused by circumstances beyond our control, as detailed in Clause 1.6.

4. Product Information

4.1 The Goods are described as accurately as possible. We reserve the right to modify product descriptions as necessary and may remove any products from the Website at our discretion. Additionally, we reserve the right to edit, screen, or delete any materials or content on the Website at any time. 

4.2 We reserve the right to make changes to any design or product without notifying the customer. Any changes made are always beneficial to the product. Received Goods may alter from product descriptions, renders and/or photographs displayed on our Website or marketing material. 

4.3 The renders and/or photographs of the products displayed on the Website are for illustrative purposes only. While we strive for accuracy, the online representation of colours may vary due to the limitations of our photographic and electronic methods.

4.4 All designs, renders, or visualisations provided by Playground Equipment Supplies are intended solely for visualisation and concept approval and should be treated as indicative representations. These designs are not to be considered as final, fit-for-purpose plans and are provided in alignment with the ‘Reasonable Skill and Care’ standard under the Consumer Rights Act 2015. The designs do not account for building, planning, or other statutory regulations, and it is the customer’s responsibility to secure all necessary approvals and ensure compliance with relevant regulatory authorities. Playground Equipment Supplies does not indemnify against any claims arising from non-compliance with regulatory standards or statutory requirements in the execution of works based on these designs.

4.5 The weights and sizes provided are approximate and intended for guidance only.

4.6 The product you receive may differ in colour from what is displayed on the Website. This can occur due to the availability of materials used in the manufacturing process, which may result in colour variations. 

4.7 In the event of any inaccuracies in pricing or product descriptions, we reserve the right to correct the price or description and inform you accordingly. In such cases, no contract will be considered established, and you will not be obligated to proceed with your purchase. Your order will be cancelled, and a full refund will be issued. The reimbursement of any amounts paid to us will constitute our sole liability to you regarding these discrepancies.

5. Intellectual Property Rights

5.1 Ownership of IP: All intellectual property rights, including but not limited to patents, trademarks, copyrights, trade secrets, and design rights, associated with the playground equipment (hereafter referred to as "Products") remain the exclusive property of Playground Equipment Supplies. Purchasing Products does not grant the buyer any ownership or license to the intellectual property.

5.2 Trademarks and Branding: All trademarks, trade names, and logos appearing on the Products or associated materials are the property of Playground Equipment Supplies and must not be used without prior written consent. Unauthorised use, reproduction, or alteration of these marks is strictly prohibited.

5.3 Patents and Designs: Any patented mechanisms, unique designs, or other protectable features within the Products are owned exclusively by Playground Equipment Supplies. The buyer is not permitted to reverse engineer, replicate, or modify these features for any purpose, including but not limited to reproduction or resale.

5.4 Copyrighted Materials: All manuals, instructional guides, drawings, and promotional materials provided by Playground Equipment Supplies are protected by copyright. These materials may not be copied, distributed, or publicly displayed without prior written authorisation.

6. Confidentiality 

6.1 The buyer acknowledges that any proprietary techniques, manufacturing processes, and materials specifications provided by Playground Equipment Supplies are confidential and protected as trade secrets. The buyer agrees to take all reasonable steps to prevent disclosure of this information to third parties.

6.2  Any unauthorised use, reproduction, or modification of the Products or related intellectual property will be considered a breach of these terms and may result in legal action. The buyer may be held liable for damages arising from the misuse or infringement of Playground Equipment Supplies' intellectual property rights.

7. Safety

7.1 The items available in our range are designed to comply with, and are tested to, Playground Safety Standard BS EN 1176. Some items may require safety surfacing, or require to be located on safety surfacing. This is not provided, unless otherwise stated and is to be arranged by the customer and installed to BS EN 1177. We strive to ensure that our products meet these regulations to promote the safety and well-being of users.

7.2 Regular maintenance and inspection of the products is essential to ensure ongoing safety and functionality. Customers should conduct periodic checks and address any issues that arise promptly.

7.3 Customers must report any safety issues or concerns related to the products to us immediately. Please contact our customer service team with details of the concern. Failure to report defects to the equipment as soon as they are identified may invalidate any warranties given. Failure to address the defect may lead to further defects which would not be covered under our warranty, due to non reporting of the original fault. 

7.4 If applicable, certain products may have age restrictions for use. It is the customer's responsibility to ensure that these products are used in accordance with any specified age limits, especially for items designed for children.

7.5 Guidance is available for assembly and installation of our products. We hold no responsibility for damages, expenses, losses or injury caused by items which have been assembled incorrectly. It is the customers responsibility to ensure that this is performed by a competent person. Guidance given for installation assumes typical installation, site specifics must be taken into account by a qualified professional who assumes responsibility for installing the equipment. 

7.6 It is essential that all equipment is installed by a qualified professional. We will not be held responsible for any damages, expenses, or losses resulting from improper installation, damage incurred during installation, or any damages arising from misuse or alterations made to the products.

7.7 While we are committed to providing accurate and professional expertise and information, it remains your responsibility to verify that the Goods, including both standard and custom orders purchased from us, will appropriately fit within your designated installation area.

7.8 It is the customers responsibility to ensure that equipment is safely monitored, supervised during use and kept in good working order. It is the customers responsibility for any damages, expenses, losses or injury incurred through use of, or indirectly caused by, the equipment. 

8. Warranty

8.1 All equipment is covered under a 12-month part-only warranty unless otherwise stated, exceptions to this warranty include moving parts, water pumps (either electrical or manual), natural products such as bamboo/willow etc. which are not covered by any guarantee.

 
8.2 Playground Equipment Supplies warranties do not cover damages caused by accidents, improper care, negligence, normal wear and tear, surface corrosion on metal parts, discoloured surfaces, or other cosmetic issues resulting from misuse or vandalism. Natural changes in wood over time are also considered cosmetic issues and are not covered.

8.3 Products installed in direct contact with chlorinated water or saltwater, or within 200 meters of the shore, are not covered by the Playground Equipment Supplies warranty for any defects caused by corrosion.

8.4 You must notify us of any claim regarding the quality, condition, or failure to meet specifications of the Goods within seven days of delivery or within a reasonable time after discovering the defect or failure, but no later than one year after delivery if the defect or failure was not apparent upon inspection. Failure to provide such notice means you cannot reject the Goods, and we will not be liable for the defect or failure. You will still be obligated to pay the agreed price as if the Goods were delivered according to the contract if delivery is not refused and you do not notify us accordingly. 

8.5 Warranties provided by Playground Equipment Supplies are contingent upon all equipment being maintained in accordance with BS EN 1176 standards and the manufacturer’s recommendations specified in this document. Any repairs or modifications must be performed by a competent qualified professional. If the equipment is relocated, modified or sold to another authority/person/company, the warranty is non-transferrable to the new owner who will assume all duty of care.

9. Cancellation

9.1 No order confirmation, once accepted by us in writing, may be cancelled without our written consent.

9.2 If an order is cancelled within 48 hours of order confirmation and our written consent is given, the company is entitled to charge a cancellation fee of 20% of the order value, capped at a maximum of £1,000.

9.3 If an order is cancelled after 48 hours from order confirmation and our written consent is given, the company is entitled to charge a cancellation fee of 50% of the full order value.

9.4 Any request for cancellation must be submitted in writing, clearly stating the order number and reason for cancellation.

9.5 If consent for cancellation is granted, the company will confirm this in writing, detailing any applicable fees.

10. Return of Goods

10.1 Goods cannot be returned after 14 days of acceptance of delivery.

10.2 You are responsible for all transportation costs associated with returning Goods unless otherwise agreed in writing. The risk of loss or damage to the Goods remains with you until they are received by us. You may not refuse a portion of the delivered Goods; all items must be returned.

10.3 Claims for Goods not credited or replaced must include proof of delivery. We reserve the right to inspect returned Goods and may replace or repair any faulty items at our discretion, provided they comply with the return process. If no fault is found, we will return the Goods at your expense.

10.4 For products deemed unfit for purpose, we may offer an exchange or repair based on the nature of the fault. Returned items will be sent back to you at the original delivery address, and additional delivery charges may apply. Warranty claims follow the same return processes, with the customer required to provide evidence of proper installation and maintenance.

10.5 Returns or exchanges will not be accepted for Goods that have been modified, altered, or damaged after delivery.

11. General Provisions

11.1 Entire Agreement
These Terms and Conditions, together with any documents explicitly referred to within them, constitute the entire agreement between you and Playground Equipment Supplies. They supersede all prior agreements, understandings, or arrangements, whether oral or written, regarding their subject matter.

11.2 Amendments
Playground Equipment Supplies reserves the right to amend or update these Terms and Conditions at any time. Any changes will be posted on our Website, and continued use of our services or products following such changes will indicate your acceptance of the revised terms.

11.3 Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by any court or regulatory body, such provision shall be removed, with the remaining provisions continuing in full force and effect.

11.4 Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You agree that any disputes or claims arising from or in connection with these Terms may be brought in the courts of England, Wales, Scotland, or Northern Ireland.

11.5 Waiver
Failure or delay by Playground Equipment Supplies to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy.

Last updated: 15/11/2024