GARDEN & TERRACE
SUPPLY TERMS AND CONDITIONS
These terms and conditions apply to the supply of our products to you and set out the legal relationship between you and us.
Please read these terms and conditions carefully. By clicking 'accept' below, you agree to these terms and conditions, which will bind you. We recommend that you pay particular attention to Condition 17, which sets out limits and exclusions of our liability to you, and Conditions 13 and 16, which set out important information about your rights.
1 Application of these Terms
1.1 These are the terms and conditions (the Terms) under which we supply our Products to you when you place an Order via our Website, by telephone, or through any other method of communication we make available from time to time.
1.2 Please read these Terms carefully at the time you place an Order with us, as they set out important information about your rights and obligations and our rights and obligations. Please note that you must agree to these Terms before we can accept your Order. If you do not agree to these Terms, please do not proceed to place an Order with us.
1.3 These Terms set out details of:
1.3.1 who we are;
1.3.2 the terms on which we supply our Products to you; and
1.3.3 other important information.
1.4 Under these Terms, you will have different rights depending on whether you are a business customer or a consumer. Where any of the Terms applies to a business customer only or a consumer only, this is clearly stated. Otherwise, the Terms will apply to both business customers and consumers.
1.5 You are a consumer if:
1.5.1 you are an individual; and
1.5.2 you are purchasing Products from us wholly or mainly for your personal use (i.e. not for use in connection with your trade, business, craft or professional).
If you are acting in any other capacity, including as a sole trader or partner in a partnership, or if you provide a business or trading name to which we are to address our invoices, you are a business customer for the purpose of these Terms.
1.6 You must be at least 18 years old to place an Order with us. If you are placing an Order on behalf of a business, you confirm that you have authority to act on behalf of that business.
1.7 We may make changes to these Terms at any time. However, the terms which apply to your Order will be those Terms set out on our Website at the time you submitted your Order to us. Please print out or save a copy of these Terms and any emails from us for your records, as we will not save or file a copy for you.
1.8 The following are other Terms that may apply to you and can be found on our Website:
1.8.1 our Privacy Policy, which sets out details of how we collect, use and look after your personal data when you place an Order with us or visit and use our Website;
1.8.2 our Website Terms of Use, which govern how you may use our Website; and
1.8.3 our Cookies Policy, which sets out information about the cookies on our Website.
We recommend that you also read these carefully.
2 Who we are
2.1 We are Garden & Terrace Limited, a company registered in England and Wales under company number 06793812. Our registered office is at: 843 Finchley Road, London NW11 8NA (we, us, our). Our VAT number is: 196711675.
2.2 If you need to contact us, please do so by either:
2.2.1 sending an email to sales@gardenandterrace.co.uk;
2.2.2 calling us on 020 3598 5096;
2.2.3 completing the 'Contact Us' form on our Website.
3 Understanding these Terms
3.1 In the Terms the following words and expressions shall have the following meanings:
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Bespoke Products |
any Product which we order to your specific request which is not a product generally for sale on our Website, or which is made to your specifications or personalised; |
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Charges |
all fees, charges, costs and expenses payable to us under or in connection with the Contract; |
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Control |
shall be as defined in sections 450 and 451(2) of the Corporation Tax Act 2010, and the term Change of Control shall be construed accordingly; |
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Contract |
the contract for the supply of Products between you and us, which comes into effect in accordance with Condition 4.4; |
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Delivery Location |
the location set out as such in our Order Confirmation; |
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Liability Event |
has the meaning given in Condition 19.1; |
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Order |
an order for Products; |
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Order Confirmation |
our written confirmation that we have accepted all or part of an Order, as further described in Condition 4.4; |
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Product |
any product that is displayed for sale on our Website, including furniture (outdoor and indoor), firepits, barbeques, homeware, lighting and plants; |
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Terms |
these supply terms and conditions, as further defined in Condition 1.1; |
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Website |
3.2 A reference to:
3.2.1 a person includes a natural person, company, LLP, corporate, partnership, joint venture, association, trusts, unincorporated bodies and associations and that persons personal representatives, successors and permitted assigns;
3.2.2 the singular includes the plural and vice versa, and to the masculine shall include the feminine and neuter and vice versa;
3.2.3 a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
3.2.4 writing or written excludes fax but includes email; and
3.2.5 an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English legal term in that jurisdiction.
4 Placing an order and the basis of the Contract
4.1 You may place an Order with us via our Website. An Order constitutes an offer by you to purchase those Products set out in the Order, in accordance with these Terms.
4.2 Please check the Order carefully and correct any errors before you submit it to us.
4.3 At the time you place an Order with us, you are required to read and accept these Terms. This does not mean that the Order has been accepted by us, and your Order will only be accepted where we send you an Order Confirmation. Your Order is an offer to buy Products from us on these Terms.
4.4 Our acceptance of an Order will take place when we send you an email which confirms we have accepted your Order (Order Confirmation), at which point a legally binding Contract shall come into existence in respect of those Products set out in our Order Confirmation only.
4.5 We may choose to not accept all or part of your Order or terminate the Contract (at our discretion) for any reason, including where:
4.5.1 we are unable to take payment or verify your payment details to our satisfaction;
4.5.2 the Product you've ordered is unavailable or out of stock;
4.5.3 you have not indicated acceptance of these Terms;
4.5.4 you are located outside of our delivery areas;
4.5.5 there has been a mistake regarding the pricing or description of the Products, (including where a promotion or discount has been applied to the Order in error),
and where this happens, we will email you as soon as possible using the details you provided when you placed the Order and refund any sums you have paid in respect of those Products we are unable to provide.
5 Product Availability
5.1 All Products within our Order Confirmation are subject to availability, and we cannot guarantee that any Products will be available at any given time.
5.2 In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop supplying certain Products. If this happens and it affects any Products in our Order Confirmation, we will notify you by email, cancel the Contract in respect of the affected Product and provide you with a refund of any advance payments made by you for any Products that have not yet been provided.
5.3 Where there is a delay with your Order for any reason, we will contact you. You may choose to:
5.3.1 cancel your Order;
5.3.2 select alternative Products (subject to such Products' availability); or
5.3.3 continue with your Order as delayed, which we will dispatch to you as soon as the cause of delay no longer applies. For example, this may be when a particular Product comes back into stock.
6 Your rights to change an Order
6.1 If you would like to make any changes to your Order after you have submitted it to us, please contact us as soon as possible and we will let you know whether it is possible to change the Order.
6.2 Due to the nature of the Bespoke Products, it will generally not be possible to make changes to an Order for Bespoke Products after you have submitted it to us, and we may (in our absolute discretion) decline any request to make a change. For any other type of Product we will use reasonable endeavours to accommodate your request for a change, where this can be achieved without incurring additional costs.
7 Our rights to change an Order
7.1 We can make a change to the Products we supply to you under a Contract:
7.1.1 to reflect changes in relevant laws and regulatory requirements; or
7.1.2 to make minor technical adjustments and improvements, for example to address a safety hazard.
7.2 We can suspend the supply of the Products in order to:
7.2.1 deal with technical problems or make minor technical changes; or
7.2.2 update Products to reflect changes in relevant laws and regulatory requirements.
8 Products
8.1 Our Products are described on our Website, and you should not rely on any other sources of information about the Products we supply.
8.2 All pictures, images, drawings, descriptive matter on our Website or in adverts produced by us, including of packaging, are for illustration purposes only, in order to give an approximate idea of the Product referred to in them. We do not hold out that our Products will be suitable for any particular use you may wish to make of them.
8.3 We cannot guarantee that the colours displayed on your device will match exactly the appearance of your Products. The colours of the Products displayed on our Website may vary depending on what device you are using and your settings.
8.4 All sizes and measurements set out on our Website are as accurate as possible. All information available on our Website is for the purpose of guidance only.
8.5 Ex-display items are Products that have been used by us to promote sales either inside the store or in our show garden. You acknowledge that such Products may have suffered wear and tear while on display – for example they may have been inspected and used by other customers while on display, may have been leant against or showcased with other Products (e.g. a plant inside a pot), or may have been subject to similar handling. Such Products are clearly labelled as ex-display Products on our Website, and you acknowledge that, without limiting any of your other rights in respect of such Products, any wear and tear arising from the prior display of ex-display items shall not cause such Products to be considered faulty for purposes of these Terms.
8.6 If you are:
8.6.1 a consumer, our Products are provided to you for your domestic and personal use only. You must not use them for commercial, business or resale purposes; and
8.6.2 a business customer, any Products you purchase must be for the purpose of your named business only and not for or on behalf of any third party.
8.7 Our gift certificates have an expiry period, which will be clearly stated on the certificate itself, after which you (or the recipient of the gift certificate) will no longer be able to use any remaining credit on the gift certificate. When you use a gift certificate, no change will be given in cash but any remaining credit on the gift certificate can be used in full or part payment for future purchases
9 Delivery
9.1 Our courier service will deliver your Products to the Delivery Location.
9.2 If no one is available to take delivery, our courier service may leave an attempted delivery notification at the Delivery Location with information on how to re-arrange delivery or follow the delivery instructions you provided to us (e.g. by leaving it in a specified safe location or delivering it to a neighbour or nearby business) or otherwise contact you, using any of the contact methods you provided when placing your Order, to let you know whether and where your package has been left and any other relevant delivery information. We reserve the right to charge additional Charges for each attempt to deliver the Products to you after the first failed delivery. If you wish to cancel the re-delivery, then we are entitled to charge you an administration fee of the delivery cost.
9.3 If a further delivery attempt is unsuccessful, is not viable or we are unable to follow your delivery instructions, you will be notified of this and what options we may take, should we decide not to cancel the Order. Where we opt to cancel the Order, we may refund you the price of such Products. Such refund will not include the Charge for standard delivery and any additional Charges we reasonably incur in attempting to re-deliver the Products to you. Where your Order concerns Bespoke Products, you are not entitled to a refund in these circumstances.
9.4 Where:
9.4.1 you are a consumer, please examine the Products at the earliest opportunity after delivery and notify us of any fault or damage as soon as reasonably possible. We may only have 24 hours from the time of delivery to notify our courier service of any fault with or damage to the Products; and
9.4.2 you are a business customer, you must examine the Products at delivery and notify us of any fault or damage within 24 hours of delivery.
9.5 Once a Product has been delivered to the Delivery Location, risk in the Product passes to you and the Product will be classed as having been 'delivered'. This means that you are responsible for the Product, and we are not liable to you if the Product is stolen or damaged after it has been delivered to you. This does not affect your legal rights if the Product is faulty or misdescribed (please see Condition 16 for more information). However, ownership of Products only passes to you when you have paid for them in full.
9.6 You may opt to collect your Products from our store at 58a Southgate Road London N1 3JF within 10 business days of us notifying you that the Products are ready for collection. Risk in the Products will pass to you on completion of the loading of the Products at our store, at which time the Products are classed as having been ‘delivered’. Ownership of the Products passes to you once you have paid for these in full.
9.7 If you do not collect the Products within 10 business days of us notifying you that the Products are ready for collection, or you do not accept delivery after our reasonable attempts to deliver the Products to you, we are entitled to treat the Contract as cancelled. In these circumstances, we may charge you additional sums for any losses which arose from your failure to collect or take delivery, and our reasonable costs for the storage of the Products prior to the expiry of the relevant period during which the Products were ready for collection by you or attempting to be delivered to you.
9.8 Information on delivery options and charges is available on our Website. For Products over a certain size or with shipping requirements, an additional delivery Charge may apply to your Order. We will notify you in such circumstances. We deliver to Northern Ireland, the Isle of Wight, the Isle of Man, Channel Islands, Scottish Highlands and Islands, Isle of Scilly and other remote areas of the UK, but if you require delivery to one of these areas, additional delivery Charges may apply. You will be given available delivery options to choose from when you place an Order.
9.9 If you order Products for delivery to a Delivery Location located outside of the UK, your Order may be subject to additional charges, import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such additional charges, import duties and taxes.
9.10 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such laws or regulations.
9.11 Your Products will be delivered within the delivery period specified on our Website, depending on the delivery option you chose when you placed your Order. We will deliver your Order within 30 days of the Order Confirmation unless otherwise agreed between you and us.
9.12 All delivery dates stated on our Website, during the order process or in our Order Confirmation, are estimates only and we reserve the right to update you of any change or variation to any date for delivery from time to time. Time for delivery is not of the essence of the contract. We are not liable to you for any losses you incur if delivery is delayed because of any circumstances beyond our reasonable control (for example severe weather, accidents or unpredictable traffic delays).
10 Installation
We are not responsible for the installation of the Products and any installation services carried out for you are subject to the contract in place between you and the third party installer. If you have any queries or concerns arising from installation services, please contact the applicable third party installer.
11 Charges and Payment
11.1 Prices for our Products are set out on our Website.
11.2 The Charges payable by you will be confirmed in our Order Confirmation. All prices are stated:
11.2.1 in pounds sterling (£)(GBP);
11.2.2 inclusive of VAT at the applicable rate; and
11.2.3 exclusive of delivery charges (and any import duties in relation to international deliveries). Such delivery charges will be stated separately either on our Website or any invoice we provide to you. For information on delivery options and costs, please see our Website.
11.3 If there has been an error on the Website regarding the pricing of any of our Products (including in respect of any discount or promotion applied in error to your Order) and this affects your Order, we will try to contact you using the contact details you provided when you placed the Order. We will give you the option to re-confirm the Order at the correct price or to cancel the Order. If we are unable to contact you, we will treat the Order as cancelled and notify you by email.
11.4 We accept the following credit cards and debit cards: Visa, Mastercard, American Express, Maestro, Shop Pay, Apple Pay, Google Pay, PayPal, and may make other payment channels available, as indicated on our Website from time to time. All credit card and debit card payments need to be authorised by the relevant card issuer.
11.5 If you use a gift certificate issued by us in full or partial payment for any Products you purchase, this does not affect your ability to request a refund in circumstances where you are entitled to do under these Terms, but any refund of amounts paid using a gift certificate will be made by reinstating the value of credit available on the relevant gift certificate.
11.6 All Products must be paid for in advance. We may take payment from your chosen payment method before we send you your Order Confirmation, however we will hold any payment we receive from you to your order until we have provided you with an Order Confirmation.
11.7 If we're unable to collect any payment you owe to us, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England's base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay to us the interest together with any overdue amount.
11.8 If we are unable to take payment from your chosen payment method and you are:
11.8.1 a consumer, we will try to contact you using the contact details you provided when you placed the Order. If we are unable to contact you, we will cancel the Order and notify you by email; or
11.8.2 a business customer, we will issue an invoice to you which shall be immediately payable.
12 Your obligations
12.1 You shall:
12.1.1 ensure that the terms of your Order are complete and accurate;
12.1.2 provide us with such information as we may reasonably require to provide the Products to you, and ensure that all information your provide us is complete and accurate; and
12.1.3 co-operate with us in all matters relating to the Products (if applicable), including by ensuring that you are available and present at the Delivery Location at the time the Products are to be delivered.
12.2 Where you are a business customer:
12.2.1 we may check your credit rating prior to agreeing credit terms with you or otherwise entering into a contract with you; and
12.2.2 you must pay all amounts due to us under these Terms by the due date and in full without any set off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
12.3 Whether you are a business customer or a consumer, we may charge you additional sums by giving notice to you, if:
12.3.1 you do not provide us with the information we have requested, including how we can access the Delivery Location for delivery of the Products. For example, we might need to re-deliver on another vehicle or with extra manpower;
12.3.2 your requirements for Bespoke Products change, increase or otherwise vary from your initial requirements set out within your Order;
12.3.3 our provision of the Products is delayed due to an act or omission on your part. In this instance, any outstanding balance of the Charges or deposit shall become payable by you, in addition to any storage, insurance or other costs, expenses or charges; or
12.3.4 we have to store the Products on your behalf.
12.4 If the rate of VAT changes between the date of your Order and the date we supply the Products to you, we will adjust the rate of VAT that you pay to reflect such changes, unless you have already paid in full before the change in the rate of VAT takes effect.
13 Your right to cancel your Order – this Condition 13 only applies to you if you are a consumer.
13.1 Except in the case of Orders for Bespoke Products, you have the right to change your mind in respect of an Order and may cancel your Order at any time up to 14 days from the date on which we deliver your Order.
13.2 You do not have the right to cancel Orders for Bespoke Products as these Products are ordered to your specification.
13.3 To cancel your Order, where permitted, please email us at info@gardenandterrace.co.uk or call us on 020 3598 5096. To help us process your cancellation more quickly, please ensure that you have your Order number to hand or include it in the email or on the cancellation form that you send to us.
14 How to return Products if you cancel an Order under Condition 13 – this Condition 14 only applies to you if you are a consumer.
14.1 If you cancel an Order in accordance with your rights under these Terms and you have already received the Products, you must return the Products to us within 14 days of telling us that you want to cancel your Order. The deadline is met if you send the Products back to us before the 14 day period has expired.
14.2 You should send the Products back to us using an established delivery service, and we strongly recommend that you get proof of postage. We may withhold the refund until we have received the Products back from you or until you have provided us with evidence that you have sent the Products back (whichever is earlier)
14.3 Products must be returned to us in a new and unused condition (or, in the case of ex-display items, in the same condition in which they were delivered) and in their original packaging with their original tags and labels. You are responsible for the Products while they are in your possession.
14.4 If you have received a promotional item with your Order, you must return the promotional item along with your Product(s) to us.
14.5 Unless the Products are faulty or misdescribed (see Condition 16) you are responsible for the cost of returning these to us. We estimate the cost of return will be the same as the cost of delivery to you.
14.6 If the right to cancel does not apply because you placed an Order for Bespoke Products, you will not be entitled to return the Bespoke Products unless they are faulty. Please see Condition 16 below.
15 Refunds if you cancel your Order under Condition 13 – this Condition 15 only applies to you if you are a consumer.
15.1 If you exercise your right to cancel an Order for Products under Condition 13, we will provide you with a refund as soon as possible.
15.2 If you cancel an Order for Products and you have already received the Products, we will issue the refund no later than 14 days after the day we receive the Products back from you or, if earlier, you provide us with evidence that you have sent the Products back. Otherwise, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel.
15.3 Your refund will be subject to the following deductions:
15.3.1 if you chose a delivery option that is more expensive than the cost of standard delivery, we will only refund the cost of standard delivery; and
15.3.2 if you handled the Products in a way beyond what might reasonably be permitted in a shop and this resulted in a loss in value to the Products, we may make a deduction of up to 30% from the refund for such loss in value.
PLEASE NOTE THAT all items must be returned unused and in the same condition as when they were received (including with all tags and labels attached and in the original packaging) in order for us to issue a full refund.
15.4 We will issue your refund to the same payment method you used to pay for the Order.
15.5 If the right to cancel does not apply because you placed an Order for Bespoke Products, you will not be entitled to a refund unless the Bespoke Products are faulty. Please see Condition 16 below.
16 Faulty Products – this Condition 16 only applies to you if you are a consumer.
16.1 The Products that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply Products that are in conformity with our Contract with you.
16.2 During the expected lifespan of any Products that you have purchased from us, you are entitled to the following:
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Up to 30 days: |
If your Products are faulty, you can get an immediate refund. |
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Up to 6 months: |
If the Products cannot be repaired or replaced, then you are entitled to a full refund in most cases. |
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Up to 6 years: |
If the Products do not last a reasonable length of time, you may be entitled to some money back. |
16.3 This is a summary of some of your key rights. They are in addition to your cancellation rights set out in Condition 13 above. For more detailed information on your rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
16.4 If you think that your Products may be faulty, please contact us using the ‘Contact Us’ form on our Website.
17 Faulty Products – this Condition 17 only applies to you if you are a business customer.
17.1 We warrant that any Products you purchase will, on delivery (as described in Condition 9.5):
17.1.1 conform in all material respects to their descriptions on the Website;
17.1.2 be free from material defects in design, material and workmanship; and
17.1.3 be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
17.2 Subject to you complying with your obligations under Condition 17.3, we will (in each case at our option) repair or replace any Products that do not comply with Condition 17.1.
17.3 If there is a breach of Condition 17.1, you must:
17.3.1 notify us by email to info@gardenandterrace.co.uk as soon as possible;
17.3.2 provide us with sufficient information as to the nature and extent of the defects, including photos, to enable us to reproduce the errors or investigate the defect;
17.3.3 give us a reasonable opportunity to examine the defective Products or otherwise investigate the defect; and
17.3.4 return the defective Products to us at your expense.
17.4 Condition 17.3 sets out your sole and exclusive remedy for any breach of Condition 17.1.
17.5 Except as set out in this Condition 17, we give no warranties and make no representations in relation to the Products, and all warranties and conditions (including the conditions implied by sections 13–15 of the Sale of Goods Act 1979) whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
18 Our liability to consumers – this Condition 17 only applies to you if you are a consumer.
18.1 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By 'foreseeable' we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
18.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
18.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
19 Our liability to business customers – this Condition 19 only applies to you if you are a business customer.
19.1 The following terms set out our entire liability (including any liability for the acts and omissions of our employees, agents, representatives and sub-contractors) in respect of:
19.1.1 any breach of our contractual obligations arising under or in connection with the Contract;
19.1.2 any use made by you of the Products, any misrepresentation, misstatement or tortious act or omission including negligence but excluding any of the same made fraudulently arising under or in connection with these terms; or
19.1.3 any other provision of these Terms and/or the Contract.
(a Liability Event).
19.2 Notwithstanding anything to contrary in these terms, nothing in the Contract will limit or exclude our liability for:
19.2.1 death or personal injury caused by negligence;
19.2.2 fraud or fraudulent misrepresentation; or
19.2.3 any other losses which cannot be excluded or limited by law.
19.3 Subject to Condition 19.2, our total liability in respect of all Liability Events shall be limited to 100% of the Charges paid for the Products and Services under the Contract.
19.4 Subject to Condition 19.2, we shall not be liable to you in respect of any Liability Events for any loss or damage which may be suffered by you (or any person claiming through or under you) whether the same are suffered directly or indirectly or are immediate or consequential and whether the same arise in contract tort (including negligence) or otherwise howsoever, which fall within any of the following categories:
(a) loss of profit;
(b) loss of turnover;
(c) loss of anticipated savings;
(d) loss of goodwill and damage to reputation;
(e) loss of business opportunity;
(f) loss or corruption of data;
(g) loss or corruption of software or systems;
(h) loss or damage to equipment; or
(i) any special, indirect or consequential loss;
provided that this Clause 19.4 shall not prevent claims for direct financial loss that are not excluded by Clauses 19.5.1 to 19.5.5 (inclusive).
19.5 We shall not be liable for any damage or losses to the extent they arise result of or in connection with:
19.5.1 any failure by you to observe and perform your obligations under these Terms including to provide accurate measurements or drawings for Bespoke Products;
19.5.2 any unauthorised or incorrect access or use of the Products or Services or use other than in accordance with these Terms or our instructions;
19.5.3 any modification or alteration of the Products or Services by any party other than us;
19.5.4 errors or omissions in any Products or Services to the extent they are based on and/or relate to the measurements, diagrams, drawings, information or a specification provided by you or your employees, agents or representatives to us; or
19.5.5 any actions taken by us at your direction.
19.6 If a number of Liability Events give rise substantially to the same loss, then they shall be regarded as giving rise to only one claim under the Contract.
19.7 We shall have no liability to you in respect of any Liability Event unless you serve notice of the same upon us within 3 months of the date you become aware or ought to have become aware of the consequences of the Liability Event.
20 Our rights to end the Contract
20.1 We can end the Contract and claim compensation due to us if:
20.1.1 you do not make any payment to us when it is due and you still do not make payment within 5 days of our reminding you that payment is due; or
20.1.2 you do not provide us with the information or cooperation we need to provide Products within a reasonable time of us asking for the same.
20.2 We may also end all or part of the Contract if one of the circumstances in Condition 4.5 applies.
20.3 Where you are a business customer, we can end the Contract with immediate effect by written notice to you if:
20.3.1 you commit any material breach of any term of the Contract which is not capable of remedy;
20.3.2 you commit a material breach of any term of the Contract which is capable of remedy, and you fail to remedy the same within 30 days of a written notice from us giving particulars of the breach and requiring it to be remedied;
20.3.3 you make a proposal for a voluntary arrangement within Part I of the Insolvency Act 1986 or a proposal for any other composition, scheme or arrangement with (or assignment for the benefit of) its creditors generally or if you shall be unable to pay its debts as they fall due within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee, receiver, administrator, administrative receiver or similar officer is appointed in respect of all or any part of your business or assets or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of your business or for the making of an administration order (otherwise than for the purpose of an amalgamation or reconstruction);
20.3.4 you (being an individual but not a consumer) are deemed either unable to pay your debts or having no reasonable prospect of doing so or are the subject of a bankruptcy petition or order;
20.3.5 you cease to carry on your business or substantially the whole of your business or threaten to do any of the same;
20.3.6 if any event analogous to that set out in Clauses 20.3.3 and 20.3.4 occurs in any jurisdiction in which you are incorporated or resident or carry on your business; or
20.3.7 you undergo a Change of Control.
21 Your information
Any personal information that you provide to us will be dealt with in line with our Privacy Policy available on our Website, which explains what information we collect and hold about you, and how we collect, store, use and share such information.
22 Complaints
22.1 If you are unhappy with us or the Products we have provided to you, please contact us at: info@gardenandterrace.co.uk.
23 General
23.1 Events outside our control. We shall not be deemed to be in breach of the Contract or otherwise liable to you in any manner whatsoever for any failure or delay in performing our obligations under the Contract due to any event or circumstance beyond our reasonable control, or which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.
23.2 Assignment. You are not allowed to assign, change or otherwise transfer your rights under these Terms to anyone without our prior written consent. We may transfer our rights under these Terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
23.3 Third Party rights. The Contract is between you and us. No other person shall have any rights to enforce any terms of the Contract and the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provisions of the Contract.
23.4 Waiver. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking Terms, this will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
23.5 Severance. If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
23.6 If you are a business customer:
23.6.1 any variation to these Terms will not be binding unless expressly agreed in writing between you and us;
23.6.2 except as expressly set out in these Terms, all warranties, conditions, terms and undertakings, express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law; and
23.6.3 you and we both agree that these Terms constitute the entire agreement between you and us in relation to your Order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these Terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these Terms.
24 Notices.
24.1 If we are providing notice to you, we shall send such notice to the email address you provide to us. You can provide notice in connection with the Contract to us by email to:info@gardenandterrace.co.uk.
24.2 Any notice shall be deemed to have been received the next working day.
24.3 This Condition 24 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
25 Governing law and jurisdiction
25.1 If you are a consumer, English law applies to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK or other jurisdiction in which you live.
25.2 If you are a business customer, these Terms and any dispute or claim arising out of, or in connection with, the Terms, their subject matter or formation (including non contractual disputes or claims) will be governed by and construed in accordance with English law. You and we both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms, their subject matter or formation (including non contractual disputes or claims).
These Terms were last updated in May 2025.
Schedule 1- Model Cancellation Form
(Complete and return this form only if you are a consumer who has bought Products and wishes to withdraw from the Contract. Please note that you may not cancel a contract in respect of Bespoke Products).
To: GARDEN & TERRACE LIMITED, 58a Southgate Road, London N1 3JF
I/We hereby give notice that I/We cancel my/our contract of sale of the following Products:
Ordered on /received on:
Name:
Address:
Signature of consumer(s) (only if this form is notified on paper):
Date: