The Terms & Conditions detailed below apply to the use of The Gardening Company website and the sale of all goods supplied and delivered in the UK by The Gardening Company. By ordering online or offline from The Gardening Company you accept the terms and conditions contained here at the date of sale. We recommend you read them thoroughly to ensure you understand all terms.
PRIVACY POLICY
We respect your privacy and in accordance with national and European law. When you order we require a limited number of personal details from you. These include your name, telephone number, email address, delivery/invoice address and payment details. These details allow us to complete your order and contact you if there is a problem with delivery. We will send you emails relating to your order, including order confirmation and emails concerning the registration procedure.
PRICES
Prices quoted are in British pounds (£) and are accurate at the time published but may be subject to change. The placing of an order by a customer shall constitute an offer to the company to purchase goods at the current price advertised by the company.
All prices are exclusive of postage, VAT is not currently applicable.
Products are subject to availability and may be withdrawn at any time, including after your order is placed. If your order cannot be fulfilled we will let you know at the earliest convenient opportunity.
If, in error, a product(s) has been priced inaccurately, either at unit level or through the activation of a promotion, we will not be liable to supply that item(s) to you at the inaccurate price. In such circumstances, we will notify you of the correct price and ask you to confirm or decline your order for the item(s) in question.
We reserve the right to refuse any order at our discretion.
BASIS OF THE SALE
The description of the goods, the quantity, price and delivery costs are set out in the order page. We will confirm receipt of your order.
Acceptance of your order and the completion of the contract between you and us will take place on despatch to you, of the products ordered, unless we have notified you that we do not accept your order or you have canceled it.
If we plan to despatch your order within 5 working days of receipt, it will normally only be acknowledged by email. When you place an order to purchase goods from us it constitutes an offer from you. We accept these offers when we send you order confirmations by post or email, or, advice notes confirming that we have despatched some or all of goods you have ordered. That acceptance will be deemed to be complete and communicated to you at the time we send such confirmation emails, letters, or, shipments. Acknowledgement of an internet order does not constitute acceptance.
The Gardening Company will discuss and arrange a delivery time and date with you. Upon delivery the customer will be asked to inspect the order and sign the delivery note. Signing of the delivery note is the customers confirmation they are happy with the complete order.
The Gardening Company will use its best endeavours to ensure that a customer’s order is despatched at the time requested by that customer. Where The Gardening Company is unable to despatch an order at the time requested by a customer, that order shall be despatched as close to the time requested as is reasonably possible, whether this is earlier or later than the time requested.
AVAILABILITY
We aim to give you a clear idea of the nature of the plants we sell. However, 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.
The Gardening company shall endeavour to supply all goods ordered. Products and services are subject to availability and may be withdrawn at any time, including after you have placed your order. If your order or part of your order cannot be fulfilled we let you know.We will aim to deliver within the requested / quoted time frame but delivery times are not guaranteed. Delivery is only available to mainland addresses within England.
Goods should be planted as soon as possible from receipt of delivery. Please ensure that you open the packaging immediately upon receipt. We recommend that you prepare your soil, planting beds or patio containers ahead of time so you are ready to plant, or pot on, just as soon as your order arrives.
When an item becomes unavailable we will not substitute an item of unless we have prior consent and have contacted the purchaser. If this is not satisfactory we will then arrange for a credit, or refund.
Should your order arrive damaged, faulty or incorrect, please do not accept or sign for it from the courier and ask them to return the goods.
PAYMENT
Payment is taken via BACS. Payment details will be on the invoice emailed to the customer.
RISK AND OWNERSHIP
Risk of damage to, or loss of the goods, passes to you at the time of delivery to you (or the agreed delivery address), or, if you fail to take delivery at the agreed time, when we tried to deliver at the agreed delivery time and date.
We will not be liable for any loss or damage to goods once they have been delivered in accordance with your delivery instructions.
You will own the goods once they have been successfully shipped and when we have received cleared payment in full.
We will not be liable for any loss caused to you by late delivery of plants or other products.
LIABILITY
The company’s liability for any and all purposes including loss consequential to a breach of these terms and conditions or if any item supplied is in any way unsatisfactory shall be limited to a maximum of:
The value paid by the customer to the company; plus
The value paid by the customer to the carrier; plus
The cost of returning any unsatisfactory goods to the company; plus
Where an item fails to grow, flower or fruit to the customer’s satisfaction or at all, the company shall not be liable for any loss arising from such failure except as set out expressly in these terms and conditions.
The company shall not be liable to replace any goods or refund or credit any sums paid by the customer except in accordance with these terms and conditions.
Changes to goods may be made at any time. We will use reasonable commercial endeavours to keep the web site up to date but the information and specifications given are for your information only and are subject to change without notice. Pictures on the web site are generally accurate but variations in colour, shape and size must be expected.
The content of the web site is directed solely at those who access the site from addresses within the delivery area.
We assume no responsibility for the contents of any other web sites to which this web site has links.
If advice or information available on the web site is considered to require clarification or amplification we recommend you to request further clarification from our customer service department. The company is not liable for any loss, damage or injury sustained that might have arisen as a result of following this help, advice or information.
COPYRIGHT
The information and advice found in this web site is provided solely for your personal use and must be viewed responsibly as no more than accumulated gardening best practice.
All of the written, and design content of the web site along with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such. All rights reserved.
No part of this web site may be reproduced, mechanically, electronically, including photocopying, or by any means whatsoever without prior written permission of the company or that of the copyright holder.
All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trade mark is unlawful.
You will not, and you will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content. If you become aware of any such distribution or commercial exploitation, you agree to notify us immediately.
You acknowledge that by posting materials on the company site you grant to us and our licensors and assigns an irrevocable, perpetual, royalty free, worldwide license to use the materials both within the company site and in any other manner. The license extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
GENERAL
These terms and your use of this site are governed by and construed in accordance with the laws of Great Britain and any disputes will be decided only by the relevant courts.
If either we or you fail to enforce a right under these terms, that failure will not stop us or you from enforcing the other rights, or the same type of right on a later occasion.
To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
We will not be liable to you or in breach of the contract for delay or failure to perform due to a cause beyond our reasonable control, or our suppliers, including but not limited to acts of god, civil commotion, industrial dispute, riots, flood and legislation.
If you are a business user, you agree to indemnify us, and/or any of our affiliates and our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the company site.