Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF THE WEBSITE, SERVICES AND PRODUCTS OFFERED THROUGH THE WEBSITE.
1. Acceptance of Terms
1.1 These Terms and Conditions together with the web pages and documents referred to in them apply to the use of our website www.thehertfordshiregardencentre.com and tell you the terms on which we supply any of the products listed on our website. By accessing the website and/or placing an order, you agree and consent to be bound by these Terms and Conditions. If you do not accept these terms, please do not use this website.
1.2 Before proceeding with an order, you will be required to show that you have read and understood these Terms & Conditions by ticking the “I confirm that I have read and accepted the Terms & Conditions of this website” box before you are allowed to complete your order. Please note that you will be required to do this each and every time you place an order through the Website.
1.3 www.thehertfordshiregardencentre.com is a website operated by The Hertfordshire Garden Centre. We are registered in England and Wales under company number 06932982. Our registered office is at 1C Amberside, Wood Lane, Hemel Hempstead, Hertfordshire, HP2 4TP
1.4 Our trading address and contact details are: email [email protected], telephone 01582 792255
1.5 You will be able to access most areas of this website without registering your details with us. Certain areas of this website are only open to you if you register with us as a customer.
1.6 We may revise these terms and conditions at any time by updating this document. You should check this website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.
1.7 If you have any concerns about material on our site, please contact us by email at [email protected]
2. Ordering from us
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process, you will be given the opportunity to check your order and to correct any errors. We will send you by email an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse at our discretion to accept an order:
(a) where we cannot obtain authorisation for your payment.
(b) if there has been a pricing or product description error.
(c) if you do not meet any eligibility criteria set out in our terms and conditions.
(d) where goods ordered by you are not available.
(e) if we do not deliver to your area.
2.4 Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 14 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
2.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
2.6 The availability and colour of plants may vary according to the season and market availability. We will alert you if there has been a change in your order of live plants, and give you the option to cancel and refund your order, or offer you a suitable alternative.
2.7 On rare occasions, when we are unable to fulfil your order, we may send an alternative plant which will be carefully chosen as a suitable substitute. If you are unhappy with what you have received, we will be happy to give you a full refund.
3.1 All prices include VAT (where applicable) at the current rates.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our Delivery and Returns policy shown elsewhere on this website.
3.3 If the price of goods changes between the date we accept your order and the delivery date, you will pay the price you paid during your original transaction.
3.4 If, by mistake, we have under-priced a product, we will not be liable to supply that product to you at the stated price, provided that we notify you before we despatch the product to you. In those circumstances, we reserve the right to cancel your order. In the event we cancel your order, we will give you a full refund on any amount already paid for that product in accordance with our return and refund policy.
4. Offers & Promotions
4.1 Occasionally we run offers, promotions and sales online which adhere to the following guidelines:
(a) All offers are subject to availability. Sale items are limited stock and although a product may show as in stock we may occasionally be unable to fulfil the order, due to increased demand. If we are unable to fulfil an order, you will be sent a letter notifying you of this and given a refund for the item.
(b) Offers can only be redeemed once and not in conjunction with any other offer.
(c) Offers are not transferable or for publication online or offline.
(d) All offers exclude delivery charges – this applies to both the spend threshold and the application of the overall discount. The exception is free P&P (excluding Next Day Delivery).
(e) Offer end dates apply, where applicable.
(f) Offers are at the sole discretion of The Hertfordshire Garden Centre Limited and are subject to variation or withdrawal without notice.
(g) Offers or promotions cannot be applied to previously placed orders.
4.2 Excluded products from promotions
(a) Where an offer includes a monetary discount (e.g. XX% off or spend £X get £X off) the following items will be excluded from that offer: Sale items, Gift vouchers or Multi-buy offers.
(b) Products for sale in the physical shop are not valid for promotions run by The Hertfordshire Garden Centre Limited unless specified.
(c) Free P&P offers are redeemable against UK mainland delivery. Free P&P does not apply to overseas delivery.
(d) We reserve the right to amend the offer exclusion list at our discretion and without prior warning.
5.1 We will deliver accepted orders to you as soon as possible, but in any event within 5 working days of your order being processed.
5.2 We will deliver the goods to the address you specify for delivery on your order. Please make sure this address is up to date and accurate, and that you are careful to select the appropriate address for shipping and billing. We cannot accept any liability for loss or damage to the goods once they have been delivered in accordance with your delivery instructions.
5.3 If you do not receive goods ordered by you within 10 working days of the date on which you ordered them, we shall have no liability to you unless you notify us of the problem within 14 days of our maximum delivery period from the date on which you ordered the goods. To notify us please email [email protected] or telephone 01582 792255.
5.4 We aim to deliver within the quoted time frame, but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, we will contact you to advise you that the delivery date has changed.
5.5 For our full delivery policy see the Delivery Policy page elsewhere on this website.
6.1 Our products meet exacting quality control standards, but occasionally products slip through or are damaged in transit to you. Also, you may not be happy with the product you have bought and we want to make it easy for you to return the item.
6.2 Please contact us straight away to discuss a return or exchange on [email protected] or telephone 01582 792255. Any faulty items will be refunded in full. Please note that faulty items do not include damage sustained by over use, wear and tear and abuse. For further details, please see our Delivery and Returns policy elsewhere on this website.
6.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
6.4 For our full returns policy see the Returns policy page elsewhere on this website.
7.1 You are permitted to print and download extracts from this website for your own private use on the following basis:
(a) no documents or related graphics on this website are modified in any way.
(b) no graphics on this website are used separately from accompanying text; and
(c) any of our copyright and trademark notices and this permission notice appear in all copies.
7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of such material other than in accordance with this clause for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use such material automatically terminates and you must immediately destroy any such material.
7.3 Subject to this clause, no part of such materials may be reproduced, displayed, modified, sold or stored without our prior written permission.
7.4 Any rights not expressly granted in these terms are reserved.
8. Service Access
8.1 While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.
8.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
9. Visitor Material and Conduct
9.2 You are prohibited from posting or transmitting to or from this website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals.
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the United Kingdom or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.3 You may not misuse the website (including, without limitation, by hacking, impersonating any person or entity or falsely misrepresent your affiliation with a person or entity, ‘stalk’ or harass another or collect or store personal data about other users).
9.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these terms and conditions.
9.5 It is your responsibility to determine that your input into our site, including your choice of your user name, conforms to the above conditions.
9.6 If you notice any content which breaches these conditions, please notify us by email to [email protected]
10. Links to and from Other Websites
10.1 Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
10.2 If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:
(a) you do not remove, distort, or otherwise alter the size or appearance of The Hertfordshire Garden Centre Limited logo.
(b) you do not create a frame or any other browser or border environment around this website.
(c) you do not in any way imply that we are endorsing any products or services other than our own.
(d) you do not misrepresent your relationship with us nor present any other false information about us.
(e) you do not otherwise use any The Hertfordshire Garden Centre Limited trademark displayed on this website without our express written permission.
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive, or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
10.3 We expressly reserve the right to revoke the right to link to this website for breach of these terms and to take any action we deem appropriate.
11.1 You do not need to be a registered user to access the Site. However, to utilise some of the Services offered on the Site, www.thehertfordshiregardencentre.com may require you to register and create an account (“User Account”). Registration is free.
11.2 To register with www.thehertfordshiregardencentre.com you must be at least 18 years of age.
11.2 Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
11.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
11.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
12.1 While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
12.2 The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.
13. Website Security
13.1 We work with reputable third party payment providers, who use digital signatures and strong encryption to ensure that all sensitive information is protected throughout every transaction.
13.2 Our websites is served over a secure connection (https) as standard and encrypted using 256-bit encryption. 256-bit encryption is one of the most secure encryption methods after 128- and 192-bit encryption.
13.3 If you register with the website and create a User Account, you will be provided with a username and password for such User Account. You acknowledge that you are responsible for maintaining the confidentiality of the password as well as any and all activity that occur under your User Account and password.
13.4 You agree that at the end of each session using the Site and Services, you will exit your User Account. In the event of any unauthorized use of your password and/or User Account, you agree that you will immediately notify www.thehertfordshiregardencentre.com by contacting us. The Hertfordshire Garden Centre Limited cannot and will not be liable for any and all losses or damages arising from your failure to comply with this Section.
14.1 The total liability of The Hertfordshire Garden Centre Limited for any claim, howsoever arising, shall not exceed the price of the goods supplied by us to the customer.
14.2 We can only be liable to you for losses that were reasonably foreseeable to both you and us at the time you place your order.
14.3 We sell products for personal use in your home or garden and therefore cannot be liable for business losses such as loss of data, loss of income or other loss of business.
14.4 Nothing in this paragraph limits, attempts to limit, or affects our liability to you through our negligence or where a product we may supply to you is found to be unsafe.
14.5 These terms and conditions do not affect your statutory rights as a consumer.
16. Governing Law and Jurisdiction
16.1 These terms and conditions shall be governed by and construed in accordance with UK law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the United Kingdom courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
16.2 We do not warrant that materials, services or information for sale on the website are appropriate or available for use outside the British Isles. It is prohibited to access the website from territories where its contents 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.