This page (together with the documents referred
to on it) tells you the terms and conditions
on which we supply any of the products listed
on our website GardenCentre.co.uk to you.
Please read these terms and conditions carefully
before ordering any Products from our site.
You should understand that by ordering any
of our Products you agree to be bound by
these terms and conditions.
Please
click on the check box marked "I accept
the GardenCentre.co.uk Ltd terms and conditions"
at the end of these terms and conditions
if you accept them. Please understand that
if you refuse to accept these terms and
conditions, you will not be able to order
any Products from our site.
1
INFORMATION ABOUT US
1.1 GardenCentre.co.uk
is a site operated by GardenCentre.co.uk
Limited.
1.2 We
are registered in England and Wales under
company number 06291685 and with our registered
office at 37-40 Alexandra Parade, Weston-Super-Mare,
Somerset BS23 1QZ.
1.3 Our
Customer Service Address is 37-40 Alexandra
Parade, Weston-Super-Mare, Somerset BS23
1QZ.
2
HOW THE CONTRACT IS FORMED
2.1 After
placing an order, you will receive an e-mail
from us confirming that your order is being
processed. We will charge your credit or
debit card at the time of checkout.
2.2 All
orders are subject to acceptance by us by
sending you an e-mail confirming dispatch
(the Dispatch Confirmation), at which stage
the contract is formed. If we cannot fulfil
your order for any reason, we will let you
know as soon as possible and provide a full
refund.
3
LINKS
3.1 We
provide links to the websites of other companies.
We are not responsible for the products
or the service provided by third party companies
(this disclaimer does not affect your statutory
rights against that third party).
4
CONSUMER RIGHTS
4.1 If
you are contracting as a consumer, you may
cancel a contract at any time within seven
working days, beginning on the day after
you received the Products. In this case,
you will receive a full refund of the price
paid for the Products in accordance with
our refunds policy (set out in clause 8
below).
4.2 To
cancel a contract, you must inform us in
writing or by sending an email to info@gardencentre.co.uk.
You must return the Product(s) to us as
soon as possible at the Customer Service
Address above in an unused, undamaged condition.
You are responsible for paying the cost
of returning the Product(s).
4.3 Please
note that you have a legal obligation to
take reasonable care of the Products while
they are in your possession. If you fail
to comply with this obligation, we may have
a right of action against you for compensation.
4.4 Except
where a Product is defective, you may not
cancel a contract for the supply of any
of the following:
(a) Products
produced or altered to your own specification;
(b) Perishable goods, including fresh foods
or plants;
(c) DVDs or CDs where you have broken the
seal;
(d) Magazines.
4.5 Details
of this statutory right, and an explanation
of how to exercise it, are also provided
in the Dispatch Confirmation.
5
AVAILABILITY AND DELIVERY
5.1 We
aim to dispatch your order within 48 hours
of receipt and it should be with you within
3-5 working days of dispatch. Because we
use a third-party delivery service, these
times are estimates and not guarantees.
However, please let us know if you do not
receive your order in good time and we will
look into the matter. Delivery times may
be longer for certain products. If this
is the case, this will be detailed in the
product description.
5.2 Where
a product is out of stock we will offer
you a refund or, where you have agreed,
provide a substitute product.
5.3 Delivery
is to UK destinations, some postcodes may
carry a surcharge. See shipping tariff page
for full details. Depending on the items
required, some international delivery is
available with deliveries through international
British
Food supplier BCS.
6
RISK AND TITLE
6.1 The
Products will be at your risk from the time
of delivery.
6.2 Ownership
of the Products will only pass to you when
we receive full payment of all sums due
in respect of the Products, including delivery
charges.
7
PRICE AND PAYMENT
7.1 Prices
include VAT but exclude delivery costs,
which will be added to the total amount
due before you place your order. You are
given the option of correcting any errors
before you confirm your order to us.
7.2 Prices
are liable to change at any time, but changes
will not affect orders in respect of which
we have already sent you a Dispatch Confirmation.
7.3 If
we have made a pricing error by displaying
a lower price than the correct price, we
will either contact you for instructions
before dispatching the Product or reject
your order and notify you of such rejection.
If the pricing error is unmistakeable, we
are under no obligation to provide the Product
to you at the incorrect (lower) price.
7.4 If
we have incorrectly displayed a higher price,
we will confirm the correct price to you
in the Dispatch Confirmation and refund
the difference to your card.
7.5 We
will charge your credit or debit card at
the time of checkout.
8
OUR REFUNDS POLICY
8.1 When
you return a Product to us:
(a) because
you have cancelled the contract between
us within the seven-day cooling-off period
(see clause 4 above), we will process the
refund due to you as soon as possible and,
in any case, within 30 days of the day you
have given notice of your cancellation.
In this case, we will refund the price of
the Product in full, providing that it is
not damaged and is returned in its original
condition. However, you will be responsible
for the cost of returning the item to us,
and the original delivery cost.
(b) because
you have said the Product is defective,
we will examine the returned Product and
if we are satisfied that it is defective
we will replace it or provide a refund.
If we need to we may send it back for to
the manufacturer for an opinion. Products
returned by you because of a defect will
be refunded in full, including a refund
of the delivery charges for sending the
item to you and the cost incurred by you
in returning the item to us.
(c) because
you want to exchange it for another item,
for example a different size or model, we
will examine the returned Product, and providing
that it is not damaged and is returned in
its original condition, within 30 days of
ordering, we will exchange it for an item
of the same value. If the replacement item
costs more you will be charged the difference.
You will be responsible for the cost of
returning the original item to us, and you
will be charged for delivery of the replacement
item.
8.2 We
will usually refund any money to the card
used to pay for your purchase.
9
OUR LIABILITY
9.1 We
warrant to you that any Product purchased
from us through our site is of satisfactory
quality and reasonably fit for all the purposes
for which products of the kind are commonly
supplied.
9.2 Our
liability for losses you suffer as a result
of us breaking this agreement is strictly
limited to the purchase price of the Product
you purchased and any losses which are a
foreseeable consequence of us breaking the
agreement. Losses are foreseeable where
they could be contemplated by you and us
at the time your order is accepted by us.
9.3 We
are not responsible for indirect losses
which are not foreseeable by you and us
(such as loss of income or revenue, loss
of business, loss of profits or contracts,
loss of anticipated savings, loss of data,
waste of management or office time) however
arising and whether caused by tort (including
negligence), breach of contract or otherwise.
9.4 This
does not include or limit in any way our
liability:
(a) For
death or personal injury caused by our negligence;
(b) Under
section 2(3) of the Consumer Protection
Act 1987;
(c) For
fraud or fraudulent misrepresentation; or
(d) For
any matter for which it would be illegal
for us to exclude, or attempt to exclude,
our liability.
10
IMPORT DUTY
10.1
If you order Products from our site for
delivery outside the UK, they may be subject
to import duties and taxes which are levied
when the delivery reaches the specified
destination. You will be responsible for
payment of any such import duties and taxes.
Please note that we have no control over
these charges and cannot predict their amount.
10.2 Please
also note that you must comply with all
applicable laws and regulations of the country
for which the products are destined. We
will not be liable for any breach by you
of any such laws.
11
WRITTEN COMMUNICATIONS
11.1
Applicable laws require that some of the
information or communications we send to
you should be in writing. We will contact
you by e-mail or provide you with information
by posting notices on our website. For contractual
purposes, you agree to this electronic means
of communication and you acknowledge that
all contracts, notices, information and
other communications that we provide to
you electronically comply with any legal
requirement that such communications be
in writing. This condition does not affect
your statutory rights.
12
NOTICES
12.1
All notices given by you to us must be given
to GardenCentre.co.uk Limited at info@gardencentre.co.uk.
We may give notice to you at either the
e-mail or postal address you provide to
us when placing an order, or in any of the
ways specified in clause 11 above. Notice
will be deemed received and properly served
immediately when posted on our website,
24 hours after an e-mail is sent, or three
days after the date of posting of any letter.
13
TRANSFER OF RIGHTS AND OBLIGATIONS
13.1
You may not transfer, assign, charge or
otherwise dispose of a contract, or any
of your rights or obligations arising under
it, without our prior written consent.
13.2 We
may transfer, assign, charge, sub-contract
or otherwise dispose of a contract, or any
of our rights or obligations arising under
it, at any time during the term of the contract.
14
EVENTS OUTSIDE OUR CONTROL
14.1
We will not be liable or responsible for
any failure to perform, or delay in performance
of, any of our obligations under a contract
that is caused by events outside our reasonable
control (Force Majeure Event).
14.2 A
Force Majeure Event includes any act, event,
non-happening, omission or accident beyond
our reasonable control and includes in particular
(without limitation) the following:
(a) Strikes,
lock-outs or other industrial action;
(b) Civil
commotion, riot, invasion, terrorist attack
or threat of terrorist attack, war (whether
declared or not) or threat or preparation
for war;
(c) Fire,
explosion, storm, flood, earthquake, subsidence,
epidemic or other natural disaster;
(d) Impossibility
of the use of railways, shipping, aircraft,
motor transport or other means of public
or private transport;
(e) Impossibility
of the use of public or private telecommunications
networks;
(f) The
acts, decrees, legislation, regulations
or restrictions of any government.
14.3
Our performance under any contract is deemed
to be suspended for the period that the
Force Majeure Event continues, and we will
have an extension of time for performance
for the duration of that period. We will
use our reasonable endeavours to bring the
Force Majeure Event to a close or to find
a solution by which our obligations under
the contract may be performed despite the
Force Majeure Event.
15
WAIVER
15.1
If we fail to insist upon strict performance
of any of your obligations under this agreement,
or if we fail to exercise any of the rights
or remedies to which we are entitled, this
shall not constitute a waiver of such rights
or remedies and shall not relieve you from
compliance with such obligations.
15.2
A waiver by us of any default shall not
constitute a waiver of any subsequent default.
15.3
No waiver by us of any of these terms and
conditions shall be effective unless it
is expressly stated to be a waiver and is
communicated to you in writing in accordance
with clause 12 above.
16
SEVERABILITY
16.1
If any of these terms and conditions are
determined by any competent authority to
be invalid, unlawful or unenforceable to
any extent, such term, condition or provision
will to that extent be severed from the
remaining terms, conditions and provisions
which will continue to be valid to the fullest
extent permitted by law.
17
ENTIRE AGREEMENT
17.1
We intend to rely upon these terms and conditions
and any document expressly referred to in
them in relation to the subject matter of
any contract. While we accept responsibility
for statements and representations made
by our duly authorised agents, please make
sure you ask for any variations from these
terms and conditions to be confirmed in
writing.
18 OUR
RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1
We may revise and amend these terms and
conditions from time to time.
18.2 You
will be subject to the policies and terms
and conditions in force at the time that
you order products from us, unless any change
is required to be made by law or governmental
authority (in which case it will apply to
orders previously placed by you), or if
we notify you of the change to those policies
or these terms and conditions before we
send you the Dispatch Confirmation.
19
LAW AND JURISDICTION
19.1
Contracts for the purchase of Products through
our site will be governed by English law.
Any dispute arising from, or related to,
such contracts shall be subject to the non-exclusive
jurisdiction of the courts of England and
Wales. |
