1.1 This site (the "Site") is provided by Garden Luxuries.
2. FORMATION OF THE CONTRACT
2.1 No contract exists between you and Supplier for the sale of any goods until Supplier has received and accepted your order and sends you confirmation that your order has been accepted in writing or by email to the address or email address you have given. Once Supplier does so, there is a binding legal contract between us.
2.2 The contract is subject to your right of cancellation if you are a consumer (see clause 6.1 below).
3. DESCRIPTION, SPECIFICATION AND PRICE OF THE GOODS
3.1 All goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, Supplier will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
3.2 The description, specification and price of the goods you order will be as shown on this Site at the time you place your order.
3.3 Supplier policy is to improve its products continually, and so reserves the right to make minor technical changes to the specification of the goods without affecting their function, quality or price.
3.4 Every effort will be made to ensure that prices shown on this Site are accurate at the time you place your order. If an error is found prior to despatch of the goods, Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
3.5 In addition to the price, you will be required to pay a delivery charge for the goods, as shown on the Site concerning delivery. While every effort will be made to ensure that goods are dispatched within three working days.
3.6 The price of the goods and delivery charges are inclusive of VAT, where applicable, as shown on this Site.
3.7 Where the goods are supplied for export from the United Kingdom, you will be liable for any shipping and insurance charges as agreed with Supplier, and responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties on the goods.
4.1 Payment for the goods and delivery charges can be made by any method shown on this Site at the time you place your order.
4.2 Supplier utilises the services of PayPal for processing your payments.
5.1 The goods you order will be delivered to the address you give when you place your order, subject to confirmation by Supplier. You may select a different billing and delivery address.
5.2 If delivery cannot be made to your address, Supplier will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
5.3 Every effort will be made to deliver the goods as soon as possible after your order has been accepted, and if Supplier is unable to deliver the goods within 30 days of your order, Supplier will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund or re-credit for any sum that has been paid by you or debited from you credit card for the goods. Supplier will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
5.4 You will become the owner of the goods you have ordered and responsible for any loss or damage to them once they have been delivered to you.
6. YOUR RIGHT OF CANCELLATION
6.1 If you are a consumer, you have the right to cancel the contract at any time up to the end of seven working days after you receive the goods. A working day is any day other than weekends and bank or other public holidays in the United Kingdom.
6.2 To exercise your right of cancellation, you must give written notice to Supplier by hand or post or email, at the address or email address shown below, giving details of the goods ordered and (where appropriate) their delivery.
6.3 If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to Supplier at your own cost, in unused condition. The goods must be returned to the address shown below within 28 days. You must take reasonable care to ensure the goods are not damaged whilst in your possession or in transit.
6.4 Once you have notified Supplier that you are cancelling the contract, Supplier will refund or re-credit you within 14 days for any sum that has been paid by you or debited from your credit card for the goods.
6.5 If you do not return the goods as required, Supplier may charge you for the direct costs of recovering the goods.
6.6 You do not have the right to cancel the contract if the order is reading material.
7.1 If you have any complaint about the goods, you should contact Supplier by by post or email at the address or email address shown below.
7.2 If you are not purchasing the goods as a consumer, Supplier will not be liable for losses relating to any business (such as lost profits or consequential loss) which arise from any failure by Supplier to supply the goods in accordance with the contract.
8. USE OF THE SITE
8.1 You may access the Site solely for your own personal use. You must not use any content of the Site for any commercial or illegal purpose.
8.2 We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site with immediate effect if you breach any of these Terms.
9. DEALINGS WITH THIRD PARTIES AND LINKS
9.1 The Site may provide, or third parties may provide, links to other web sites or resources. As we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, do not endorse and are not liable for any content, advertising, products, or other materials on or available from such sites or resources.
9.2 Any dealings by you with any third party on or through the Site shall be solely between you and that third party and, so far as permitted by law, we shall not be liable for any loss or damage which you may incur as the result of any such dealings.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 The Site and its content are protected by intellectual property rights, including but not limited to copyright and trade marks.
10.2 Except as expressly authorised by us or relevant third parties, you may not copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute, communicate or make available to the public or create derivative works of any content of the Site, in whole or in part.
10.3 You may not create a link from any other website to any part of the Site except the home page of the Site.
11.1 Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis and we do not guarantee that the Site will be suitable for your purposes and requirements.
11.2 The content of the Site has been compiled from a variety of sources and is subject to change without notice. We use reasonable care in compiling and presenting the content of the Site, but we can give no guarantee that the content is complete, accurate or up to date.
12. LIMITATION OF LIABILITY
12.1 So far as permitted by law, and except in respect of death or personal injury arising from negligence, we exclude any liability for any business losses or any special, indirect, incidental or consequential loss or damage, whether or not the possibility of such loss has been notified to us resulting from the use of the Site or any information, content, advertisements or products provided or distributed through the Site.
12.2 The foregoing will apply whether such loss or damage arises in contract, negligence, under statute or otherwise.
12.3 Nothing in these Terms affects any liability for fraudulent misrepresentation.
13.1 Supplier may change these Terms without notice to you in relation to future sales and use of the Site.
13.2 Any failure by us to exercise or enforce any provision of these Terms shall not constitute a waiver of such provision.
13.3 These Terms will be subject to English law, and the English courts (or those of any other part of the United Kingdom in which you reside) will have jurisdiction in respect of any dispute arising from the contract.