Terms and Conditions
Please read the following important terms and conditions before you buy anything on our site.
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- 'We', 'us' or 'our' means Gardener Supplies; and
- 'You' or 'your' means the person using our site to buy goods from us.
If you don’t understand any of this contract and want to talk to us about it, please contact us by:
- email at email@example.com (we respond to emails Monday to Friday, 9am to 5pm); and
- telephone on 08000092991 (we answer calls Monday to Friday, 9am to 5pm). We may record calls for quality and training purposes.
Who are we?
We are Gardener Supplies a company registered in England and Wales.
Our company registration number is 4543146.
Our registered office is at 1-3 Freeman Court, Jarman Way, Orchard Road, Royston, SG8 5HW and trading at Rabbit Hill Business Park, Great North Road, Arkendale, Knaresborough HG5 0FF.
Our VAT number is: GB 115 100 677
1.1 If you buy goods on our site you agree to be legally bound by this contract.
1.2 These terms and conditions only apply to supplies that we make to consumers (meaning someone who is buying the goods for personal use and not in connection with their business, trade or profession). They do not apply to business customers. If you are buying goods for business use, our business terms (available at the following link: www.gardenersupplies.co.uk/terms-and-conditions/ will be deemed to be incorporated into any contract for goods between you and us.
1.3 This contract is only available in English. No other languages will apply to this contract.
1.4 We may, from time to time, update these terms and conditions. However, the version made available to you when you place your order will govern the contract between you and us (see clause 2 below).
1.5 We will use the personal information that you provide to us only in accordance with our Privacy and Security Policy (available at the following linkwww.gardenersupplies.co.uk/privacy-policy/ ).
2 Ordering goods from us
2.1 Below, we set out how a legally binding contract between you and us is made.
2.2 You place an order on the site by adding your selected goods to the virtual ‘basket’ and following the online checkout process. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submission at the order summary stage.
2.2.1 When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
2.2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:
(a) the goods are unavailable;
(b) we cannot authorise your payment;
(c) we cannot deliver the goods to the location you have requested (see clause 5.1);
(d) you are not allowed to buy the goods from us;
(e) we are not allowed to sell the goods to you;
(f) you have ordered too many goods; or
(g) there has been a mistake on the pricing or description of the goods.
2.2.3 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
(a) a legally binding contract will be in place between you and us; and
(b) we will dispatch the goods to you.
2.3 If you are under the age of 18 you may not buy any goods from the site.
3 Your right to cancel this contract
3.1 You have the right to cancel this contract within 14 days, without giving any reason, except where the goods you have ordered from us are of the following type:
3.1.1 bespoke or customised goods;
3.1.2 goods that are liable to deteriorate or expire rapidly;
3.1.3 goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
3.1.4 any goods which become mixed inseparably with other items after their delivery.
3.2 The cancellation period will expire after 14 days after the day you (or someone you nominate) receives the goods, unless:
3.2.1 The goods you’ve ordered are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
3.2.2 Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
3.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
To Gardener Supplies, Rabbit Hill Business Park, Great North Road, Arkendale, Knaresborough HG5 0FF (email: firstname.lastname@example.org):
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
3.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Please note that the expiry of the cancellation period does not affect your rights to return goods to us if they are faulty (see clause 8).
4 Effects of your cancellation
4.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
4.2 We may make a deduction from the reimbursement for loss in value of any goods supplied. We will only do this if the loss in value is the result of handling of the goods where that handing was (in our reasonable opinion) more than was necessary to establish the nature, characteristics and functioning of the goods. If we refund you the price paid before we are able to inspect the goods, and later discover you have handled them unnecessarily in a way that has devalued the goods, you must pay us an appropriate amount.
4.3 We will make the reimbursement without undue delay, and not later than:
4.3.1 14 days after the day we received back from you any goods supplied; or
4.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
4.3.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
4.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
4.5 If you have received goods:
4.5.1 you shall send back the goods to our registered office address, or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
4.5.2 you will have to bear the direct cost of returning the goods.
4.5.3 you are liable for any reduction in the value of the goods due to unnecessary handling (see clause 4.2).
5.1 The costs of delivery to mainland UK addresses will be as displayed to you on our website before you place your order. We do not usually make deliveries to any addresses outside of mainland UK, but please contact us to discuss a request for non-UK mainland delivery by using the contact details above.
5.2 The estimated date and time window for delivery of the goods is set out in the Confirmation Email (see clause 2.2.3).
5.3 If something happens which:
5.3.1 is outside of our control; and
5.3.2 affects the estimated date of delivery; we will let you have a revised estimated date for delivery of the goods.
5.4 Delivery of the goods will take place when we deliver them to the address that you gave to us.
5.5 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
5.5.1 let you know;
5.5.2 cancel your order; and
5.5.3 give you a refund.
5.6 If no one is available at your address to take delivery of the goods, we will contact you via the contact details you have submitted or leave you a note informing you of how to rearrange delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may cancel the contract. In this event, we will refund any money you have paid in advance for goods we have not delivered but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract (such as storage and further delivery costs).
5.7 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
5.8 We may deliver your goods in instalments. If your goods may be delivered in this way, we will contact you prior to delivery to advise of this.
6.1 We accept payment by the following credit cards, debit cards and payment service providers: Visa, Mastercard and Stripe. We do not accept cash.
6.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
6.3 Your credit card or debit card or account will be charged when the goods are ordered. If payment is not provided in full, your goods will not be despatched and you will be informed.
6.4 All payments by credit card or debit card or payment service provider need to be authorised by the relevant card issuer or payment service provider.
6.5 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 3 and 4.
6.6 The price of the goods:
6.6.1 is in pounds sterling (£)(GBP);
6.6.2 includes VAT at the applicable rate; and
6.6.3 does not include the cost of delivering the goods (delivery options and costs are explained on our website or – for non-UK mainland deliveries – by contacting us before you place your order).
7 Nature of the goods
7.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
7.1.1 are of satisfactory quality;
7.1.2 are fit for purpose;
7.1.3 match the description given to you before your placed your order; and
7.1.4 are installed properly (if we install any goods).
7.2 We must provide you with goods that comply with your legal rights.
7.3 The packaging of the goods may be different from that shown on the site.
7.4 Whilst we try to make sure that the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
7.5 Any goods sold:
7.5.1 at discount prices;
7.5.2 as remnants; or
7.5.3 as substandard; will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
7.6 If we can’t supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:
7.6.1 we will let you know if we intend to do this but this may not always be possible; and
7.6.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
8 Faulty goods
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you're entitled to the following:
- up to 30 days: if your goods are faulty, then you can get a refund;
- up to six months: if they can't be repaired or replaced, then you're entitled to a full refund, in most cases;
- up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
8.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out in the box above. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06.
8.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
8.3 If you find that your goods are faulty, please contact us using the contact details at the top of this page to tell us about the fault.
8.4 If you believe that your goods are not as described, fit for purpose and of satisfactory quality during their expected life span, and you wish to reject them on that basis, you must either arrange for them to be delivered to us or allow us to collect them from you. We will pay the costs of standard delivery or collection. Please call customer services on 01423 332100 or email us at email@example.com for a return label or to arrange collection.
9 Our rights to cancel the contract
9.1 We may end the contract for goods at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
9.1.2 we are out of stock of the goods that you have ordered, in which case we will inform you in writing and refund you in full; or
9.1.3 you do not, within a reasonable time, allow us to deliver the goods to you.
10 The end of the contract
10.1 If this contract is ended, for any reason, it will not affect our right to receive any money which you owe to us under this contract.
11 Limit on our responsibility to you
11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
11.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed; or
(b) that were not caused by any breach on our part;
11.1.2 business losses; and
11.1.3 losses to non-consumers.
(For the purpose of clause 11.1.1 (a), loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12 Disputes and legal proceedings
12.1 We will try to resolve any disputes with you quickly and efficiently.
12.2 If you are unhappy with the goods or our service to you, please contact us (using the contact details at the top of these terms and conditions) as soon as possible and we will try to resolve the problem.
12.3 If we are unable to resolve the problem and you wish to bring legal proceedings, the contract is governed by the law of England & Wales and the UK courts will have exclusive jurisdiction to deal with any legal proceedings that relate to it (as further explained in this clause). If you live in England or Wales, you can bring legal proceedings in the courts of England & Wales. If you live in Scotland you can bring legal proceedings in either the courts of Scotland or the courts of England & Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the courts of Northern Ireland or the courts of England & Wales.
12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
12.5 Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date
13 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
14 Transferring this contract
14.1 We may transfer our rights and obligations under the contract to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.