These terms and conditions and the Web Site Disclaimers apply to the use of Plantsgaloreonline Web Site. By accessing this Web Site and/or placing an order You agree to be bound by both these Terms and Conditions, the Privacy Policy and Web Site Disclaimers. Please read through the Terms and Conditions carefully and then print a copy for future reference. If you do not agree to be bound by these Terms and Conditions and the Web Site Disclaimers, You may not use or access this Web Site.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
1- INFORMATION ABOUT US
1.1 www.plantsgaloreonline.co.uk is a site operated by Tyndall Garden Center Ltd.
1.2 We are registered in England 04699878 with our registered office at Eagle Nursery, Hamlet Hill, Roydon, Nr Harlow, Essex CM19 5JY
1.3 Our Customer Service Address is Plants Galore, Hamlet Hill, Roydon, Nr Harlow, Essex CM19 5JY
2- HOW THE CONTRACT IS FORMED
2.1 In order to purchase Products from the plants galore on line website you must be over eighteen years of age. After placing an order, you will recieve an e-mail from us confirming that your order is being processed. We will charge your credit or debit card at the time of checkout.
2.2 All orders are subject to acceptance by us by sending you an e-mail confirming dispatch (dispatch confirmation), at which stage the contract is formed. If we cannot fulfil your order for any reason, we will let you know as soon as possible and provide a full refund.
3- AVAILABLITY AND DELIVERY
3.1 We aim to dispatch your order within 48 hours of receipt and it should be with you within 3-5 working days of dispatch. Because we use a third-party delivery service, these times are estimates and not guarantees. However, please let us know if you do not recieve your order in good time and we will look into the matter. Delivery times may be longer for certain products. If this is the case, this will be detailed in the product description.
3.2 Delivery is to UK destinations, some postcodes may carry a surcharge.
4- RISK AND TITLE
4.1 The products will be at your risk from the time of delivery.
4.2 You will own the goods once they have been successfully delivered to you and when we have recieved cleared payment in full. (Including delivery charges).
5- PRICE AND PAYMENT
5.1 Prices include VAT and delivery costs unless stated, which will be added to the total amount due before you place your order. You are given the option of correcting any errors before you confirm your order to us.
5.2 We will charge your credit or debit card at the time of checkout.
6- REFUNDS POLICY
6.1 If you receive a product that is faulty, please contact us as soon as possible informing us fo the problem. Please make sure that the item is in it's original packaging, we will examine the returned product and if we are satisfied that it is defective we will replace it or provide a refund.
6.2 If you wish to cancel your order once you have recieved the goods you can give us a notice of cancellation. You have seven working days, by statute, from the day after the date of delivery of the goods. You must notify us and this can be done by e-mail to contact@ plantsgaloreonline.co.uk or in writing to Plants Galore, Hamlet Hill, Roydon, Essex CM19 5JY or by fax 01279 792869. You must keep the goods in good condition whilst they are in your possession.
6.3 You should return the goods to us, you will bear the cost of returning the goods. Upon receipt of the goods you will receive a full refund of any monies paid or exchange or credit if applicable.
7- OUR LIABILITY
7.1 We will not be liable for any loss of the goods or damage to goods once they have been delivered in accordance with your delivery instructions.
7.2 This site should only be used for information purposes. We shall not be liable for any damage or loss that may occur in the use of any of the information contained or advice given in this site excepted as stated in the terms and conditions of sale (where applicable) and to the extent that such liability cannot be excluded by law. We are not responsible for the sites accuracy, although every effort has, is and will be made to ensure that the information contained is correct and up to date, nor for it's fitness for a particular purpose or reliability and access to this site.
7.3 We will not be liable for damages or losses resulting from your use or inability to use this site. Neither do we guarantee that this site will operate free of error or that it is free from computer viruses or any other contaminating computer programme. We will not be liable to you or in breach of contract for delay or failure to perform due to any causes beyond the reasonable control of us or our suppliers, including but not limited to Acts of God, civil commotion, industrial dispute, riots, flood and legislation.
8- WRITTEN COMMUNICATIONS
8.1 The laws of England and Wales require that some of the information or communications we send to you should be in writing. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9- GOVERNING LAW AND JURISDICTION
9.1 These terms and your use of this site are governed by and constructed in accordance with laws of England and Wales and any disputes will be decided only by the Courts of England and Wales.
9.2 We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where it's contants are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
10- MISCELLANEOUS
10.1 You may not assign, sub-licience or otherwise transfer any of your rights under these terms and conditions.
10.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
10.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
10.4 If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation in which you breach these conditions.
10.5 These terms and conditions and the policies referred to in them are the only terms which apply to your use of the website and the purchase of products from us. You acknowledge that you have not entered into this arrangement in reliance on any other statement, warranty or representation made by us.