Terms & Conditions of Use of Gardens and More
Ltd website. PLEASE READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE
USING THIS SITE. By continuing to access or use this site,
or any service on this site, you signify your acceptance
of these Terms and Conditions of Use.
IF YOU DO NOT ACCEPT
THE TERMS AND CONDITIONS STATED HERE, DO NOT CONTINUE TO
USE THIS WEB SITE AND SERVICE.
The information contained in this site may contain technical
inaccuracies and typographical errors. All information
made available from within this website is provided without
warranty
of any kind, either express or implied on the part of Gardens
and More Ltd. Due to the nature of manufacture all weights
and sizes displayed on the site are approximate.
SITE OWNERSHIP
The gardensandmore.co.uk website is the property of Gardens
and More Ltd whose registered office is at Maybrook House,
97 Godstone Road, Caterham, Surrey CR3 6RE.
CONTACT INFORMATION
In the event of comment or complaint about the gardensandmore.co.uk
site please contact our trading office as follows: By
Mail: Gardens and More Ltd, 5 Choumert Mews, Choumert
Road, London SE15 4BD. By Telephone: 0845 370 7650 By
e-mail: info@gardensandmore.co.uk
JURISDICTION OF CONTRACT
If not actually the case, the contract under which you
use this website shall be deemed to have been made in
England and the construction, validity and performance
of these terms and conditions of use shall be governed
in all respects by English law and the English courts
shall have non-exclusive jurisdiction in respect of any
dispute between you and Gardens and More Ltd concerning
your use of this website.
REVISION OF TERMS AND CONDITIONS
Gardens and More Limited may revise these Terms and Conditions
of Use at any time by updating this posting. You should
visit this page periodically to review the Terms and
Conditions of Use.
CHANGES AND TERMINATION OF SERVICE
Gardens and More Ltd may make changes in or withdraw any
of the services described in the gardensandmore.co.uk
website and at any time without notice.
PRICES
All prices displayed are shown in GB Pounds Sterling
and are inclusive of Value Added Tax (where applicable)
and Delivery (where stated). Goods will only be delivered
to the address on the order placed electronically or via
telephone to our office. Gardens and More Ltd reserves
the right to change the advertised price at any time.
DELIVERY
We aim to deliver all goods in stock within the stated
delivery times on the Ordering page of the site, unless
otherwise stated. If an item is not in stock we will
endeavour to contact you within 48 hours with a new delivery
date. If this new delivery date is unacceptable and the
goods have already been paid for then we will refund
you in full.
RETURNS
We sell products from several major manufacturers all of
whom have slightly different returns policies. We request
that you notify us of a proposed return within 48 hours
of receipt in order to qualify for a full refund. It
will be your responsibility to organise and pay for the
return of unwanted goods. Goods must be returned in re-saleable
condition, otherwise there will be a re-stocking charge.
Should you wish to return a product please telephone
us on 0845 370 7650 and we will advise you on the returns
procedure for that product.
DAMAGED GOODS
We will replace any items delivered in a damaged condition.
Should you wish to return a damaged product please telephone
us on 0845 370 7650 and we will advise you on the returns
procedure for that product.
COMPLAINTS
If you have a complaint to make please email us at info@gardensandmore.co.uk.
We endeavour to respond to complaints as quickly as possible
within 5 working days.
TITLE CLAIM
All goods sold on this website, or via any other means,
remain the property of Gardens and More Ltd until the
goods are paid for. The risk element (if any) of the
goods is transferred to the customer upon delivery, but
the ownership shall still remain with Gardens and More
Ltd until payment is received.
RISKS
Gardens and More Ltd will not be liable to you, or any
third party, for any direct, indirect, consequential,
special or other damage resulting from the transmission
from this website to your computer systems of viruses,
worms, Trojan horses or other destructive items, however
caused, such damage to include, without limitation, loss
of profits, interruption to business, loss of the whole
or any part of a program or any data howsoever stored
whether saved on a computer system or otherwise. You
accept the risk that data or information transmitted
electronically via the Gardens and More Ltd website,
email or otherwise may be lost, miss-directed, intercepted
or interfered with before reaching its intended destination
or accessed by unauthorised third parties and may be
exploited unlawfully by such third parties. Gardens and
More Ltd does not assume responsibility for guarding
against the acts of such third parties and shall not
be liable for any direct, indirect, consequential, special
or other loss or damage resulting from third parties'
interception of or access to data of whatever nature.
SITE ACCESS
In using the Gardens and More Ltd site you acknowledge
that the Internet or Gardens and More Ltd (and its Internet
Service Providers' or other suppliers') systems, software,
services, servers and equipment may on occasions not
be accessible or operate in full or in part as a result
of, but not limited to, physical breakdown, maintenance,
hardware or software upgrades, network or telecommunication
connectivity and transmission problems or other factors
within or beyond the control of Gardens and More Ltd
and you acknowledge that Gardens and More Ltd will not
be held liable for any failure or inability to provide
continuous, uninterrupted, fault free services under
these or any other circumstances. Accessing and viewing
of information on the Gardens and More Ltd site is reliant
on browser operating software on the user's personal
computer, personal digital assistant, mobile phone or
set top box. Gardens and More Ltd cannot be held responsible
for any failure to download or access this information
by the user due to incompatibilities of the user's equipment
or browser with the format of data transmitted.
USE OF SECURE AREAS, EMAIL ADDRESS AND PASSWORDS
Use of any secure or password-protected area of the Site
is restricted to the individual who has entered their
email address and password and has been given permission
to enter such area (the Authorised Party). The password
cannot be distributed to others, and the Authorised Party
is responsible for any and all damages to themselves,
their organisation or Gardens and More Ltd resulting
from the distribution of his or her password.
CUSTOMER PAYMENT TERMS
Payment for goods on the Gardens and More Ltd site is by
Debit or Credit Card only, unless agreed by the owners
of Gardens and More Ltd. Payment can be made in UK Pounds,
Euros or US Dollars through our secure transaction service
currently operated by PayPal (www.paypal.com) and is
subject to the terms and conditions of their service.
You agree to review and to comply with the terms and
conditions of any specific agreement that you enter into
with PayPal and/or other Gardens and More Ltd payment
service provider in connection with the licensing or
purchase of any product or service. You will be asked
by PayPal to supply certain information, including but
not limited to credit card or other payment information.
You agree that all information that you provide to PayPal
or any other payment service provider contracted by Gardens
and More Ltd will be accurate, complete and current.
You agree to pay all charges incurred by users of your
account and credit card or other payment mechanism at
the prices in effect when such charges are incurred.
TAX AND DUTY
All invoices to, and payments from, customers in the United
Kingdom and The Isle of Man (UK) and European Community
for services are subject to VAT at the prevailing rate.
Customers outside of the EC are responsible for paying
any applicable taxes or duties relating to their purchases.
INDEMNITY
Although the Site is accessible worldwide, not all goods
displayed or referenced in the Site are available to
all persons or in all geographic locations or jurisdictions.
Gardens and More Ltd and its Advertisers reserves the
right to limit the provision of any offer of goods or
service to any person, geographic area or jurisdiction
it so desires. You agree to defend, indemnify, and hold
harmless the Company, its officers, directors, employees
and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the Gardens
and More Ltd website or your breach of these Terms and
Conditions of Use.
LINKS TO AND FROM SITE
The Gardens and More Ltd website contains links to other
websites and email addresses operated by advertisers
and third parties other than affiliates of Gardens and
More Ltd. These links are provided as a convenience to
you. You hereby acknowledge that when you 'click on'
a link to access a third party site or email address
that Gardens and More Ltd does not make any endorsement
of, or representation as to the security, quality, legality
or propriety of any website or email address of any organisation
or individual which may thereby be accessed. Gardens
and More Ltd does not have any control over independent
linked websites and email addresses accessed through
the Gardens and More Ltd website and has no responsibility
or liability to you in respect of any information, products
or services purchased or obtained by you from any such
linked website or email address, nor for the use of any
secure or personally identifying information by the owners
of any linked website or email address. If you access
third party websites or email addresses you do so at
your own risk.
INTELLECTUAL PROPERTY & COPYRIGHT MATERIAL
The Gardens and More Ltd website contains copyright material,
trademarks, trade names and other proprietary information
and intellectual property, including but not limited
to, information, design, text, graphics, video, audio,
search engines, databases, HTML, JavaScript and other
software code (the "Content"). The entire content
of the Gardens and More Ltd website is protected by E.C.,
U.K., U.S. and International copyright law. gardensandmore.co.uk,
Gardens and More and its logos on this site are trade
names and trademarks of Gardens and More Ltd. You may
not use these names or logos without Gardens and More
Ltd consent. Gardens and More Ltd, or its advertisers
and licensors, own copyright and other rights in the
layout, selection, coordination, arrangement and enhancement
of such content, as well as in the content original to
it. You may not copy, modify, edit, publish, broadcast,
transmit, lease, hire, loan, transfer or sell, create
derivative works, or in any other way exploit any of
the content of the Gardens and More Ltd site, in whole
or in part, except as detailed below in 'Restrictions
on Use'. The use of the Web Site Content on any other
web site or in a networked computer environment for any
purpose is prohibited. You shall not copy or adapt the
HTML code that the Company creates to generate any website
Content or the pages making up the Gardens and More Ltd
Site, nor decipher, disassemble, recompile or reverse
engineer any of the software contained on the site or
its operating servers. This is also protected by Gardens
and More Ltd copyright.
RESTRICTIONS ON USE
The Gardens and More Ltd site may be used only for lawful
purposes by individuals seeking goods and services displayed
on the site. You may download information from the website
for your own personal non-commercial use only. In doing
so you hereby agree to observe all the terms and conditions
of restrictions of downloading copyright material as
set out above. Users must not take any action, nor use
any hardware, software, system or routine that will impose
an unreasonable or disproportionably large load on, or
interfere or attempt to interfere with, the proper working
of the Gardens and More Ltd site, Gardens and More Ltd
and their ISP's and secure payment provider's servers
and infrastructure. Users are prohibited from violating
or attempting to violate the security of the Gardens
and More Ltd site by any means, including but not limited
to: i) any attempt to access, probe, test or breach its
security. ii) any attempt to interfere with the service
to any user, host or network by submitting a virus to
the site or a user's email address, overloading, data
flooding, spamming, crashing or mail-bombing. iii) any
attempt to log in to servers or accounts which the user
is not authorised to access. iv) any attempt to delete
or revise any material posted by any other user or entity.
YOUR PRIVACY
Gardens and More Ltd is committed to respecting the privacy
of the users of the Gardens and More Ltd site. However,
the Internet is not a secure medium and users should
study the RISKS section above before posting information.
Gardens and More Ltd will use its reasonable endeavours
to keep the personal information it receives about you
confidential although nothing in these terms and conditions
shall restrict or prohibit Gardens and More Ltd disclosing
personal information to apply to applicable laws or to
advertisers in circumstances where you have expressly
or by implication given your consent to do so. Gardens
and More Ltd uses your information in accordance with
its Privacy Policy (click to view) from time to time
and you consent to the use of your information in such
way.
LIMITATION OF LIABILITY
In no event shall Gardens and More Ltd, its suppliers and
any third party contributors to the Gardens and More
Ltd website be liable for any damages whatsoever (including,
without limitation, incidental and consequential damages,
lost profits or damages resulting from lost data or business
interruption) as a result of your use or inability to
use the Gardens and More Ltd website or your acceptance
of goods or services obtained directly or indirectly
through the website (and whether such liability arises
in contract, warranty, tort or otherwise) Your exclusive
remedy for any claim, loss or damages in any way related
to any services provided or anticipated to be provided
under these conditions shall be limited to the aggregate
value of any goods or service purchased from us. Nothing
in these terms and conditions shall exclude Gardens and
More Ltd liability for death or personal injury due to
its negligence or for fraudulent misrepresentation.
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