Terms & Conditions
These terms conform to the Consumer Contracts Regulations to which you are referred.
***(PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER.
***(For on line sales: PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS TOGETHER WITH YOUR ORDER FOR FUTURE REFERENCE.)
1. THE CONTRACT:
1.1 These Terms and Conditions of Sale apply to all goods supplied by Garden4me Limited (referred to as “Garden4me”) 3000, Aviator Way, Manchester Business Park, Manchester M22 5TG UK. www.garden4me.co.uk, telephone 0161 641 6859.
1.2 There shall be no binding contract between you and Garden4me for the sale of any goods until Garden4me has received and accepted your order and has also received payment in full (cleared funds).
1.3 Upon receipt of your order, an acknowledgement will be sent to you by email, addressed to the email address you have provided with your order. This e-mail will confirm the goods you have ordered, the total order price – including delivery charge together with a unique order number.
1.4 Garden4me may at its sole discretion at any time in the future amend these terms of sale without notice to you in respect of any future sales
2. DESCRIPTION AND PRICING OF GOODS:
2.1 The description and price of the goods you order will be as shown on the Garden4me website at the time you place your order.
2.2 The goods are at all times subject to availability. All or any of the goods that you have ordered may not be available from stock for immediate despatch. Garden4me will inform you as soon as they are made aware of any (or any anticipated) delays in delivery for whatever reason. In the event that the delay is any longer than 14 days, you will be given the opportunity to either cancel the contract, with a full refund, or to extend the term of the contract until delivery of the goods can be effected. Garden4me will try to provide you with the best possible information available but without accepting any liability whatsoever for the reliability of the information provided.
2.3 The prices as displayed on Garden4me’s website are the prevailing prices as at that time. Whilst every effort is made to ensure that the prices are correct, should an occasion arise where inadvertently an incorrect price has been quoted upon which you have relied, you shall be at liberty to re-confirm or cancel your order as you decide.
2.4 From time to time, Garden4me may offer all or any of its products at a special promotional price whereupon the website prices will be altered to the promotional price for the duration of the promotion. Short term promotional prices as, from time to time, may be featured in catalogues, magazines, papers, leaflets or e-mail promotions, will be stated to be short term promotional prices and the website price will only be valid until the stated date on which the promotion ends.
2.4 Each Order will generally attract a delivery and packaging charge and such charge will be communicated to you at the time of entering into the contract.
3.1 Payment for the goods and delivery charge can be made by any method shown on Garden4me’s website. Should the method of payment not be accepted by Garden4me’s card processing company, you will receive notice of this and be given the option to either resubmit alternative payment details or cancel your order.
3.2 All payments are transacted via a secure payment method and a secure card processing company retains call credit card and debit card details.
3.3 Full payment will be taken upon receipt of your order and there will be no delivery made until cleared funds are received.
3.4 Payments shall be made by you without any deduction, whether by way of set-off, counterclaim, discount, abatement or otherwise, unless you have a valid Court order requiring an amount equal to such deduction to be paid by Garden4me to you.
4.1 Whilst every effort will be made to deliver the goods as soon as possible after your order has been accepted, Garden4me will not be liable for any loss or damage suffered by you as a result of any unavoidable delay in delivery. Garden4me will always endeavour to inform you of any issue or potential issue regarding late delivery. Unless otherwise agreed in writing, delivery will be to the address you typed into the delivery box when placing your order. Garden4me accepts no responsibility in respect of any errors or omissions you make in the delivery address which either leads to delay or prevents delivery by our carriers.
4.2 Our standard despatch time is 7 days from the date of acceptance of the order for stock items and colours. Any variation will be advised to you by our customer services team, prior to your goods being despatched.
4.3 Garden4me will notify you when your order has been despatched and when you can expect delivery. You will generally be provided with the courier’s details and the shipment number enabling you to track any item.
4.4 Delivery to the Highlands, offshore UK islands and/or the Channel Islands all incur extra courier charges and you will be notified of those charges before you incur them. You should notify Garden4me before placing your order for a delivery quote if you are uncertain as to whether your postcode is within the standard delivery zone.
4.5 It is your duty to ensure your delivery address, mobile phone number, landline telephone number and email address are up to date and correct on your order and delivery address so that you receive all your dispatch and tracking notifications.
4.6 Garden4me accepts no liability for late delivery, howsoever arising.
4.7 If delivery cannot be made to your address, Garden4me will inform you as soon as possible and refund to you any sum that has been paid by you for delivery, should the reason for non-delivery not be attributable to any fault on your part.
4.8 If you refuse for whatever reason to take delivery of the goods (otherwise than by reason of circumstances under the control of Garden4me), without prejudice to any other right or remedy available to Garden4me, Garden4me may: –
4.8.1 Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.8.2 Sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.9 If you fail to take delivery because you have cancelled your contract in accordance with Consumer Contracts Regulations above, Garden4me shall refund you as soon as possible and within 30 days any sum that has been paid by you, less any expenses incurred for failed delivery.
4.10 Time for delivery shall not be of the essence. Garden4me will make every effort to supply and despatch goods on any agreed time, goods might on certain occasions be delivered in advance of the quoted delivery date.
4.11 Upon delivery of your order you may be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that time, you are obliged to sign for the parcel as “UNCHECKED” and your failure to do so may affect any warranty claims that you might make thereafter.
5.1 The goods are at your own risk as from the time of delivery
5.2 Ownership of the goods shall not pass to you until Garden4me has received in full (cleared funds) all sums due to it in respect of:
5.2.1 The goods, and
5.2.2 All other sums which are or which become due to it from you on any account.
5.3 Garden4me shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods have not passed from Garden4me.
6.1 Pursuant to the Consumer Contracts Regulations, you have 14 days as from the delivery of the goods to cancel the contract and this shall be your Cancellation Period.
6.2 To exercise your right of cancellation, you must give written notice to Garden4me by recorded delivery letter or via contacting the company on its registered phone line website, giving details of your order number, the goods ordered and their delivery address.
6.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to Garden4me at your own cost. The goods must be returned to the company address at the top of this document whilst taking all reasonable care to ensure the goods are not damaged in the meantime and/or in transit.
6.4 Once you have notified Garden4me that you are cancelling the contract, Garden4me will so far as possible refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. This will be refunded to your card or paid by cheque, at Garden4me’s discretion. If Garden4me’s bank notifies them that you have asked your card company to cancel payment, Garden4me will not refund your card. If a double refund does takes place, Garden4me will exercise its legal right to begin proceedings to recover the overpayment and any costs incurred will be charged to you.
6.5 If you fail to return the goods as required, Garden4me may charge you a sum not exceeding the direct costs of recovering the goods.
7.1 All goods supplied by Garden4me are warranted free from defects for a period of 12 months as from the date of the Order and in the case of the ‘Raised Garden’ there is a lifetime warranty against rotting. Lifetime is determined as the lifetime of the person who paid for the order. The guarantee runs from the date of supply. This warranty does not affect (or in any manner seek to limit your statutory rights
7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, and/or use otherwise than as recommended by Garden4me, failure to follow Garden4me’s instructions, or any alteration or repair carried out without Garden4me’s approval.
7.3 If the goods supplied to you are damaged on delivery, you should notify Garden4me as soon as reasonably possible by telephone, in writing via the e-mail or postal address shown below within 7 days.
7.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint in relation to the goods, you should notify Garden4me by phone, in writing via the e-mail or postal address shown below, as soon as possible, but in any event within 7 days of the date you discovered, or ought to have discovered, the damage, defect or complaint.
8. LIMITATION OF LIABILITY:
8.1 Garden4me’s total liability in contract, tort (including negligence and/or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
8.2 Nothing in these conditions excludes or limits the liability of Garden4me for death or personal injury caused by Garden4me’s negligence or fraudulent misrepresentation.
8.3 If you are a business customer Garden4me, shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Contract/Order
9. DATA PROTECTION:
9.1 Garden4me will take all reasonable precautions to keep the details of your order and payment secure but unless Garden4me is negligent, garden4me will not be liable for unauthorised access to information supplied by you. No data, including addresses, telephone numbers, and email addresses will be knowingly released or sold on to any third party.
10.1 These terms of sale and the supply of the goods will be subject to UK law and the UK courts will have jurisdiction in respect of any dispute arising from the contract.
11. PRODUCT DESCRIPTION AND IMAGES:
11.1 Product images and descriptions of products are for illustrative purposes only, although Garden4me will use its best endeavours to ensure they are correct. You should not rely upon any oral representations and shall rely solely upon the material bearing the name Garden4me including the Company website
12.1 All prices quoted on our website are listed inclusive of VAT where applicable at the appropriate rate.
13. AT OWN RISK
13.1 In respect of a garden4me Raised Garden for use on a balcony, you should satisfy yourself that the balcony where the Raised Garden is located is sufficiently large to accommodate the product (that is sized – 1200mm x 800mm and a height of 700mm). It should further be noted that, when filled to capacity, the Raised Garden maximum weight exceeds 300Kgs and the onus is upon you to ensure that the balcony will withstand such weight, in addition to any further weight from other sources. Garden4me shall not accept any liability arising from any accident of any nature occurring as a direct or indirect result of the product’s location as above-mentioned or otherwise.