Terms and Conditions
1. GENERAL
1.1 These terms and conditions ('Terms') explain your rights and obligations in relation to this web site located at www.thegardenfactory.co.uk ('Site') and any goods purchased through this Site. Please read them carefully. You may have other rights granted by law and these Terms do not affect these. If there is anything you do not understand then please contact us.
1.2 The Abercorn Garden Factory is a division of Abercorn Plant & Garden Centre Ltd, which has its registered office at Beehive Lane, Chelmsford, Essex, CM2 8LX.
1.3 We may change the Terms at any time by posting such changes on the Site. Your continued use of the Site after notice of changes shall mean you are bound by the new terms.
1.4 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website
2. USE OF THE SITE
2.1 The content of and copyright in the Site is owned by or licensed to us. You are permitted to view or print individual pages for your own personal use. Any other use must be with our prior written permission.
2.2 We reserve the right to suspend, restrict or terminate your use of this Site at any time.
3. PURCHASING FROM US
3.1 To purchase from us you must be resident in the United Kingdom mainland. We cannot ship to locations with postcode KW, IV, PA and outside the United Kingdom mainland. All offshore addresses are excluded eg: the Isle of Wight, the Isle of Man, the Scottish Isles, Ireland, Northern Ireland and the Channel Islands.
3.2 The Site and the goods sold through it are subject to change without notice. We will inform you of any changes to the advertised goods prior to dispatch of such goods. If you are unhappy with these altered or modified goods you may inform us in writing (including email) within 28 days, starting on the day after the goods are delivered to you. In order to receive a refund, the goods must be returned to us unused, and wherever possible in the original packaging, together with your receipt. We recommend that you retain all of the original packaging until you are sure that you intend to keep the goods. If the original packaging is not available, you should use packaging that would provide similar protection as returned items must be received ‘as new’ and in resalable condition. (Please note: Carriage costs will be refunded only if the item is faulty, or if it differs in any way from the advertised goods). Returned parcels remain the responsibility of the customer until safely received by us. The company does not pay return carriage unless an item is faulty, or it differs in any way from the advertised goods. If you would like us to arrange collection of goods for return, please contact Customer Services. Return carriage costs will be deducted from any refund due.
3.3 Whilst we try to display goods on our Site that are held in stock, if the ordered goods are not available we will advise you of this as soon as reasonably possible. You will be given the option of ordering an alternative product or receiving a full refund. Please also note that products dispatched straight from the supplier that are not stocked by us may on odd occasions in peak periods be out of stock with the supplier but you can still purchase on our site, if this is the case we will notify you and give you an option to choose a alternative product, wait for new stock or receive a full refund.
3.4 By submitting your order you are offering to buy the goods and allowing us to use your personal details for the purposes of supplying goods (including passing your details on to couriers and other subcontractors).
3.5 We are not obliged to supply the goods to you until we have confirmed that we have accepted your order and received payment in full.
3.6 All drawings, specifications, sizes, photographs, descriptive matter and advertising published by us or contained on our Site or in our brochures or catalogues are issued only for giving an approximate idea of the goods described in them and colours shown are intended as a guide only. They do not form part of the Terms.
3.7 We cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and /or colours of the physical stock themselves. Natural products may show some colour variations. All sizes quoted are approximate
3.8 We aim to provide a clear idea of the nature of the plants we sell. However, you appreciate that there are inevitably slight variations in size, shape and colour between different specimens. Illustrations, descriptions and other information as to particular plants are approximate and for guidance only. We may in our sole discretion from time to time vary the nature of the Goods from that advertised without notice to you, so long as these variations are not material alterations.
PRICING
3.9 All prices are in British Pounds and include Value Added Tax. We reserve the right to adjust the VAT element if this changes from 20%. The cost of transporting goods ('Carriage & Insurance Costs') are as set out on this Site and are based on either the goods ordered or the total order value. These Carriage & Insurance Costs shall be added to the price to be paid by you.
3.11 Our charges for transport, packaging and insurance are detailed on the order page and will be included in the total price of the Goods.
4. DELIVERY AND ASSEMBLY
4.1 We cannot give an exact delivery date, however, if we are unable to deliver the goods within 28 days of receiving your order, we will inform you, and then if you wish, you may cancel the contract and we will refund any money paid by you.
4.2 Upon receipt of goods, please follow carefully the instructions, where applicable, for assembly and advice on how to care for the goods. Please bear in mind that a minor amount of natural movement is inherent in timber; rust is a natural effect on iron, which can be prevented by applying an exterior enamel paint treatment.
4.3 We will deliver the Goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.
4.4 Prior to delivery you must inform The Garden Factory or couriers working on our behalf of The Garden Factory of any circumstances that may impede delivery, for example narrow driveways or unsuitable access for large trucks. In the event of an undelivered item(s) requiring further delivery, the customer will bare the full cost of re-delivery.
5. DAMAGED OR DEFECTIVE GOODS
5.1 You should inspect the goods when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible and we will arrange for their return, either to us or the manufacturer (at our option), at no cost to you.
5.2 We will warrant that the goods shall be free from defects and function in accordance with the manufacturer's instructions. In the event of breach of this warranty we will be happy, at our option, to correct the faulty part or send a replacement without charge. We will not accept responsibility for any damage caused by incorrect assembly of fitting or lack of treatment to the goods.
6. LIMITATION OF LIABILITY
6.1 We do not limit our liability to you for death or personal injury caused by our negligence or for fraud.
6.2 All reasonable efforts have been made to try to ensure that the information contained on the site is correct and up to date. However, we can not guarantee this is the case and we shall not be liable for inaccuracies or for your reliance on incorrect or out of date information. Whilst we will try to take all reasonable steps to protect your personal details, we cannot guarantee the security of any data you disclose on-line and will not be responsible for any breach of security unless this is due to our negligence. We do not have any liability to you arising out of your use or inability to use the site. We will not be liable to you for any unforeseeable losses.
6.3 We will be excused performance of any of our obligations if caused by circumstances beyond our reasonable control or beyond the reasonable control of our suppliers, including without limit industrial disputes, war, flood and changes in legislation.
6.4 Save as set out in clause 6.1, our liability to you for:
6.4.1 Damage to physical property caused by our negligence or by the goods shall not exceed £5,000 per event or series of connected events;
6.4.2 Subject to clauses 6.1 and 6.4, the aggregate of all claims arising in connection with the goods (whether due to breach of contract, or negligence, or otherwise) shall not exceed the price paid by you in respect of the goods that are the subject matter of the claim in question.
6.5 Except as set out in paragraph 5 above or as otherwise set out in this agreement, we disclaim all terms, conditions, representations and warranties (whether express or implied) to the extent permissible by law.
7. OTHER INFORMATION OF WHICH YOU NEED TO BE AWARE
7.1 Any personal details you provide to us are kept and processed in accordance with our Privacy Statement.
7.2 This Site may contain links to other web sites not under our control. We accept no responsibility or liability for the content or availability of those sites.
7.3 We may not necessarily keep a copy of these Terms and your order. We advise you to print a copy of them for your information in the future.
7.4 If any section of the Terms are held by a Court or other competent authority to be unenforceable then that section shall be considered deleted and not apply but the rest of the Terms will.
7.5 This agreement between us is personal to us and no other person who is not party to these Terms shall be entitled to enforce any term of this Agreement under the Contracts (Rights of Third Parties) Act 1999 (or any analogous laws).
7.6 The Terms are the entire terms and conditions between us in relation to your use of this Site and any purchase made over the Site and no other terms, conditions or representations made by us and any of our employees or agents (unless made fraudulently) shall apply.
7.7 The Terms shall be governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction over any dispute. All dealings, correspondence and contact between us shall be made or conducted in the English language.
7.8 If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the contract and receive a refund. You must inform us within 28 days, in writing (including email), if you wish to cancel, starting on the day after the goods are delivered to you. If you choose to cancel then the goods must be returned to us unused, and wherever possible, in the original packaging. We recommend that you retain all of the original packaging until you are sure that you intend to keep the goods. If the original packaging is not available, you should use packaging that would provide similar protection, as returned items must be received ‘as new’ and in re-saleable condition. Please note: Carriage costs will be refunded only if the item is faulty, or if it differs in any way from the advertised goods.
8 RISK AND OWNERSHIP
8.1 Returned parcels remain the responsibility of the customer until safely received by us. The company does not pay return carriage unless an item is faulty. If you would like us to arrange collection of goods for return, please contact Customer Services. Return carriage costs will be deducted from any refund due. Your statutory rights remain unaffected.
8.2 Risk of damage to or loss of the Goods passes to you at the time of delivery to you or, if you fail to take delivery at the agreed time, the time we tried to deliver.
8.3 You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.