Terms and Conditions
Terms and Conditions of Purchase
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
These Terms and Conditions apply only to purchases of Goods from Our online shop. You may reserve Goods from Our online shop in order to purchase them from one of Our shops. A binding contract between You and Us for purchase of these Goods will not be formed until We sell You those Goods in Our shop. Therefore, only some of these Terms and Conditions apply to reservations.
1. Basis of Contract
1.1 Any reference to “Web Site” is to a Web Site owned and operated by Toad Hall Garden Centre. “We, Us, Our, Ourselves” means Toad Hall Garden Centre. “You, Your, Yourself” means the person who uses the Web Site. “Goods” means the Goods available for purchase on Our Web Site and ordered from Us by You.
1.2 These terms and conditions shall govern the use of Our Web Site and the purchase of Goods to the exclusion of any other terms and conditions.
1.3 These terms and conditions supersede all terms and conditions and shall replace any terms and conditions previously notified to You.
1.4 No variation to these terms and conditions shall be binding on Us unless agreed in writing between You and one of Our authorised representatives.
1.5 Our employees and/or agents are not authorised to make any representations or warranties concerning Our Web Site and/or the Goods unless confirmed by Us in writing.
1.6 You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these terms and conditions.
1.7 We may modify these Terms and Conditions at any time. Your continued use of the Web Site shall be deemed to be Your acceptance of any modification which will apply to any subsequent orders placed by You.
1.8 We will not keep a copy of Our Contract with You and therefore, You should print off and keep a copy of these terms and conditions, being Our Contract with You, for Your records.
2.1 We shall have the right to refuse to accept any orders placed for Goods.
2.2 You shall be responsible for the accuracy of an order and for giving Us any information necessary for Us to perform the Contract.
2.3 No order for Goods shall be deemed accepted by Us until We send an order confirmation e-mail to You.
2.4 Goods are subject to availability and due to the seasonal nature of Our business, some Goods may not be in stock at the time of Your order. We aim to inform You of the availability of Goods by displaying such information on the Web Site when You browse the Goods. However, if the information is displayed incorrectly and We are unable to supply You with the Goods due to the fact that they are out of stock, We will inform You by e-mail, as soon as possible. You will be given the option of (i) waiting until the Goods are in stock when We will perform the Contract; (ii) choosing Goods of an equivalent price and quality or (iii) cancelling Your affected order and obtaining a full refund if We have already received payment from You for the cancelled Goods.
2.5 We do try to make sure that all details contained within the Web Site are as accurate as possible. On the rare occasion that there is an error, We will advise You about it as soon as possible.
2.6 Please note that any details and/or specifications of the Goods produced by Us (including but not limited to any photographs of the Goods) are intended as a guide only and only give a general approximation of the Goods. For example, the actual colour of the Goods may vary from the colour in the accompanying photograph depending on Your monitor display.
3.1 We will not accept orders for the Goods from anyone under the age of 18 years. By using the Website and/or placing orders for the Goods, You confirm that You are aged 18 years or over.
4.1 Where applicable, You may cancel Your order in accordance with Your rights under the Distance Selling Regulations.
4.2 You have the right to cancel the contract for the purchase of Goods within seven working days of delivery of the Goods to You.
4.3 The ability to cancel orders does not apply to Goods which have been worn, washed and/or otherwise used.
4.5 We will only refund the purchase price (if We have received payment of the price) when We have received the Goods from You in an undamaged state. Returns will be at Your cost.
5.1 Dates and times for delivery are estimates only and are not guaranteed. They are also subject to any matter beyond Our reasonable control. Details of delivery are set out on the Web Site where You browse the Goods.
5.2 You shall have no right to reject Goods and no right to rescind the Contract for late delivery unless the due date for delivery has passed and You have served on Us a written notice requiring the Contract to be performed and giving Us not less than 14 days in which to do so and the notice has not been complied with.
5.3 We shall not be required to fulfil orders for Goods in the sequence in which they are placed. We will also only deliver orders if all of the Goods in an order are available. We are not required to deliver orders in instalments.
5.4 Delivery can only be made to mainland UK and Northern Ireland addresses. We may deliver overseas but this is only upon special arrangement and You must contact Us for details of prices and availability.
6. Price and Payment
6.1 The price You pay is the price displayed in respect of the relevant Goods on this Web Site at the time We receive Your order plus the applicable delivery charges.
6.2 Delivery charges and prices are subject to change.
6.3 All prices are inclusive of VAT (where applicable) at the current rate.
6.4 While We try and ensure that all prices on Our Web Site are accurate, errors may occur. If We discover an error in the price of the Goods You have ordered We will inform You as soon as possible and give You the option of either reconfirming Your order at the correct price or cancelling it. If We are unable to contact You We will treat the order as cancelled. If You cancel an order due to an error in price and We have already received payment for the affected Goods, You will receive a full refund.
6.5 Payment is due at the time You place Your order. We use a third party, Datacash, to take Your payment for the Goods by either debit or credit card. By ordering Goods from Our Web Site You are giving Us Your consent to pass details essential for purchasing Goods to Datacash. We will not store these payment details and Datacash will.
7. Property and Risk
7.1 Risk in the Goods shall pass to You at the time of delivery. Delivery shall be deemed to occur at the time when the Goods arrive at the delivery address provided to Us by You.
8.1 If You discover the Goods are faulty, You must notify Us of the defect within 7 days of the date of delivery or within a reasonable period of time of discovery (if the defect was not readily apparent).
8.2 We may inspect the Goods, either by:
8.2.1 asking You to return the Goods to Us; or
8.2.2 by sending a nominated person to inspect the Goods in Your possession
to assess whether the Goods are faulty.
8.3 If We agree with You that the Goods are faulty, and that the fault was not caused by Your neglect or misuse of the Goods, We will, at Your choice, replace, refund or repair (if possible) the faulty Goods at no cost to You. We will refund any reasonable costs You prove that You have incurred in returning the faulty Goods to Us. We recommend that You keep postal receipts for this purpose.
8.4 If We send You incorrect Goods, You must notify Us as soon as You discover the mistake and within a reasonable period of time.
8.5 We will either:
8.5.1 arrange for Our carrier to collect the Goods from You; or
8.5.2 ask You to return the Goods to Us by post.
8.6 We will either, at Your choice:
8.6.1 send You the correct items as soon as possible after receipt of the returned Goods; or
8.6.2 refund the price of the Goods and delivery
9.1 You may reserve Goods using Our Web Site. We will only hold reserved Goods for the amount of time notified to You on Our Web Site when You reserve the Goods. No binding contract for purchase of Goods will be formed by such a reservation. The contract will be formed when You collect and purchase such Goods in one of Our shops. This means that the only paragraphs of these terms and conditions which apply to reservations are 9, 10, 11, 12 and 13.
10. Data Protection
10.1 When You Use Our Web Site, You will be asked to provide certain personal information such as Your contact details, credit card or other payment information. We will store the personal that You provide to Us on computers or otherwise and will not store credit or debit card information.
11.1 We shall have no liability to You for any loss of profits, business or revenue, damage to goodwill, economic and/or other loss that was not reasonably foreseeable at the time You entered into this Contract.
11.2 Nothing in this Contract shall exclude or limit Our liability for death or personal injury due to Our negligence, fraud and/or any of Your statutory rights which may not be excluded or limited due to You acting as a consumer and/or due to any applicable law. Any provision, which would be void under any consumer protection legislation or other legislation, shall, to that extent have no force or effect. For further information about Your statutory rights, please contact Your Local Authority Trading Standards Department or Citizen’s Advice Bureau.
11.3 We do not guarantee that Our Web Site will be compatible with Your PC, and We accept no liability for any corruption or loss of data held on Your PC, or any liability for any other loss or damage of any kind caused to Your PC resulting from the use of Our Web Site.
12.1 No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or other provision.
12.2 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
12.3 We shall have no liability to You for any delay in performance to the extent that such delay is due to any event outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. If We are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
12.4 All third party rights are excluded and no third party shall have any right to enforce this Agreement.
12.5 The laws of England and Wales shall govern the contract between Us and any dispute between Us will be resolved exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract.
13. Our Details
13.1 All contracts for the sale of Goods are placed with Toad Hall Garden Centre.
Our registered office address is:
Toad Hall Garden Centre