Terms & Conditions

Introduction

Please read these Terms and Conditions carefully before using this website operated by Garden & Terrace Limited - Company Number: 6793812 and VAT Number: 196 7116 75.

Important Notice

This site contains information for the personal reference of users about Garden & Terrace Ltd, their products and the products they are licensed to distribute. This page contains the terms upon which you may access the information provided by Garden & Terrace Ltd. By accessing any page of our website and/or ordering products from us, you agree to be bound by these terms. If you do not agree to be bound by these terms and conditions you may not use or access this Website.

Before you place an order, if you have any questions relating to these terms and conditions please contact us by e-mail: sales@gardenandterrace.co.uk, or by telephone 020 3598 5096, between 10am and 6pm. Outside of these hours or if we are busy, you can leave a message and we will get back to by phone or email within 24 hours; or by post to: 

Office Manager

Garden & Terrace Ltd

58a Southgate Road,

London

N1 3JF

Definitions

"Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the Website collectively and "You" means a user of this Website; "Personal Information" means the details provided by you when you create an account with us; "We/us" means Garden & Terrace Ltd; "Website" means the website located at www.gardenandterrace.co.uk or any subsequent URL which may replace it; "Cookies" means small text files which our Website may place on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland but for delivery purposes does not include the Channel Islands.

Use of the website

Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration

You warrant that:

The Personal Information which you are required to provide when you create an account as a customer is true, accurate, up to date and complete in all respects; and

You will notify us immediately of any changes to the Personal Information by updating the details on your account.

You agree not to use a false name or false details in any item of Personal Information.

Cookies & Privacy

Garden & Terrace understands the importance of keeping your information safe, private, and secure. The privacy notice below details our commitment to keeping customers' details and information secure (as in accordance with the Data Protection Act 1998).

What information is collected and how is it used?

There are two types of information we collect from our customers:

Customer supplied information:

We only collect personal information about our customers at the account registration stage or when you order from us. We use this information to process and fulfil your order and to notify you about the status of your order. The type of information we will collect includes:

  • Your name
  • Address
  • Phone number
  • Email address
  • Credit/debit card details etc.

We will never collect sensitive personal information without your explicit consent. Personal information we hold will be accurate and up to date. If you find any inaccuracies in the information you have supplied, please contact us so we can amend it quickly.

Browser supplied cookies and other information:

Our website uses 'cookies' in line with the EU directive on their usage, we explain what cookies are and how they are currently used by us on our website.

Essential cookies

A cookie is a small file of letters and numbers that we put on your computer. This information is stored to help provide a more personal shopping experience, track the behaviour of our customers, and help to improve their shopping experience, such as wish lists and storing items in your basket between visits etc. Cookies cannot contain malicious code or viruses.

Analytics cookies

We use Google Analytics to monitor our site use, which sets four cookies and are used to collect on how visitors use and how we can improve our website. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. 

Google Advertising Cookies

When you access www.gardenandterrace.co.uk, a Google Advertising cookie will be issued which will allow us to gather information about you e.g. your age, gender, browsing habits and interests etc. which will allow us to improve our website and offer our customers a better shopping experience. To achieve this, we use the information gathered this way alongside the data collected through regular Google Analytics Cookie to build a better profile of our users.

We never sell or disclose the data obtained through this use of targeted cookies to maintain your privacy. Although these cookies can track data about you, it cannot personally identify you. 

Adobe Flash Player

On our website www.gardenandterrace.co.ukwe may display video content using Adobe Flash Player. Adobe uses Flash cookies (also known as Local Shared Objects) to help improve your experience as a user. Flash cookies are stored on your device in much the same way as usual cookies, but your browser manages them differently.

If you wish to disable or delete a Flash cookie, check the Adobe Flash Player Security Settings. However please be aware that if you disable Flash cookies for www.gardenandterrace.co.ukyou will be unable to access certain types of content on our site, such as videos.

How do I change my Cookie settings?

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies are set and how to manage or delete them, visit www.aboutcookies.org or www.allaboutcookies.org.

To opt out of being tracked by Google Analytics on websites, visit: http://tools.google.com/dlpage/gaopout

If you have any questions you can email us at: sales@gardenandterrace.co.uk

Your contact details:

We may collect data if you request literature from us, enter a competition, use our electronic contact forms, or request a newsletter. We may use this information to notify you of products and services we feel may be of interest; if at any time you would rather not receive this information, you should contact us at: sales@gardenandterrace.co.uk and we will unsubscribe you quickly.

Indemnity

You agree fully to indemnify, defend and hold us, and our directors, employees, agents and suppliers, immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your account and/or your Personal Information.

Our rights

We reserve the right to:

Modify or withdraw, this website (or any part thereof) without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or change the conditions from time to time; your continued use of our website following such change shall be deemed to be your acceptance of such change.

Third party links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. Typically, but not always, this will open on a new window. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the any aspect of these sites and as such cannot be held responsible for them.

Purchase of products

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order secure, but in the absence of negligence by us, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Our Returns policy is incorporated into these Conditions.

Contract creation and electronic contracting

The stage that create the contract between you and us are as follows:

  1. You place the order for your products on the website by pressing the Pay now button at the end of the check-out process.
  2. We will send to you an order acknowledgement email. This is not an order confirmation or order acceptance from Garden & Terrace Ltd.
  3. As your order leaves us, we will send you a despatch confirmation email.

Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions.

Please note that we are not responsible for the non-receipt of any emails you send us as we cannot control an IP from seeing our email address as 'junk mail'. Therefore please be careful when typing our email address sales@gardenandterrace.co.uk or add us into your address book to avoid any errors.

Non-acceptance of an order may be a result of one of the following:

  • The product you ordered being unavailable from stock.
  • Our inability to obtain authorisation for your payment.
  • The identification of a pricing or product description error.
  • You not meeting the eligibility to order criteria.
  • A reasonable suspicion on our behalf that the delivery address is unknown to the person whose card is making the payment and that the goods have been ordered fraudulently.

The contract will be concluded in English.

Contract cancellation

Please note that you are entitled to cancel this contract if you wish to if this is no longer than 14 days after the day on which you receive the products. However, this DOES NOT apply to our made-to order items – Special Orders:

Special Orders

Special orders include items not in stock or made-to-order, are not covered by our normal terms and conditions.

Any item not in stock or made-to-order will be indicated as such on our website, prior to check-out; or by a staff member if placing the order in-store or by telephone.

Your cancellation of a special order for any reason, deems it unlikely that we could sell it to another customer, so they may not be returned or exchanged unless faulty.

The lead time for made-to-order items is normally 4-6 weeks but during peak periods this may differ and as production is out of our control, unfortunately dates cannot be guaranteed.

Cancellation fees may still apply even if the order is still in production.

By placing an order with Garden & Terrace you will be deemed to have read and agreed to these terms and conditions.

Please call us on 020 3596 5098, if in any doubt or seek further clarification.

If you wish to exercise your right to cancel this contract prior to order despatch, please contact us by phone on 020 3598 5096 or by email at sales@gardenandterrace.co.uk. Please note however that we do require written confirmation of this cancellation. If your order has already been despatched please follow the procedure set out in our Returns policy.

Please note that your right to return Products does NOT apply to Products that fall into the following categories: * Goods made to your specification (for example, water features, bespoke or specific furniture) * Perishable goods (for example plants and food) * CD, DVD, tapes or other recording media, software or videos if their seal is broken.

Description of products and colour match

Each Product purchased is sold subject to its description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions, colours (due to the constraints of digital reproduction on different web browsers and devices, we cannot guarantee exact colour depiction) and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system.

We are not infallible and although we aim to keep the Website as up to date as possible, the information including descriptions appearing on this website at a particular time may not always reflect the position precisely at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

Payment

All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the Products ordered plus delivery charges as set out in the Delivery section of this Website. Payment can be made by any of the methods specified in the Payment section of this Website and payment will be debited and cleared from your account as set out in the Payment section of this Website.

You confirm that the credit/debit/store card or PayPal account that is being used is yours or you are an authorised user.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

Refusal of transaction

We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

To be eligible to purchase Products on this Website and lawfully enter and form contracts on this Website under English law you must:

  • Register by providing your real name, phone number, e-mail address, payment details and other requested information
  • Be over 18 years of age
  • Stipulate a delivery address in the United Kingdom or other territory as offered from time to time. Please note that PO box numbers, hotels and accommodation addresses are not normally acceptable and if provided we reserve the right to ask for additional information.
  • Possess a valid credit or debit card issued by a bank acceptable to us or alternatively a confirmed PayPal account.

By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Returns

If the goods are faulty or not as described, you can reject the goods within 14 days of delivery unless the expected life of the goods is shorter. If you ask for a repair or replacement within the 14 days, the period is paused so that you have the remainder of the seven day period to check whether the repair or replacement is satisfactory and to decide whether to reject the goods. You can cancel your order by email or in writing.

Returns should be made in the original, undamaged packaging, and we reserve the right to withhold a percentage of the refund value of returned goods if the product or packaging is in such a condition that the item needs to be reduced in price for resale by us.

Please note that we do not typically sell off goods damaged in this way and therefore in the event of packaging that is essential to the product presentation, the percentage reduction could be significant - although no larger than replacement packaging if available to us.

It is essential that you take reasonable care in the return of the goods. Anything in plastic wrapping can be classed as consumed if the wrapping has been removed unnecessarily and therefore may not be eligible for a refund. The cost of returning the unwanted items remains with the customer.

Once we have received the returned goods, we will refund the item(s) and standard UK shipping costs within 14 days. If you have opted for an additional delivery service, then you will only be entitled to a refund equal to the standard delivery charge.

If you choose to replace or reject your goods and the defect was discovered within 3 months of delivery, it is assumed that the fault was there at the time of delivery unless proven otherwise. If more than 3 months have passed, it is your responsibility to prove that the defect was there at the time of delivery.

Special Orders/Excluded returns items

Regardless of exercising your legal right to cancel, or returning a product under our normal returns policy, you DO NOT have a right to return or cancel your order for the following:

Special orders include items, not in stock or made-to-order and are not covered by our normal terms and conditions.

Any item not in stock or made-to-order will be indicated as such on our website, prior to check-out; or by a staff member if placing the order in-store or by telephone.

Your cancellation of a special order for any reason, deems it unlikely that we could sell it to another customer, so they may not be returned or exchanged unless faulty.

These items will be shown as such when you purchase on-line or you will be told that they need to be ordered in for you, if purchasing in-store.

> Goods purchase through Clearance, Sale or Reduction are Sold as Seen.

These can only be purchased in person and are not eligible for return or refund after delivery has been accepted and signed for.

> Exported Goods

Installation

Any installation carried out by installers whose details are provided by Garden & Terrace Ltd is covered by the contract between you and the installer. Therefore, we can accept no liability for claims arising from installation of products purchased from us, and in the event of any queries or problems arising from work carried out by the installers, customers must contact the installer concerned.

We strongly advise that you arrange for your installer to call the day after scheduled delivery at the earliest, since we are unable to guarantee a delivery time of day.

Garden & Terrace Ltd Gift Vouchers

Garden & Terrace Ltd gift vouchers can be exchanged for goods in Garden & Terrace Ltd shop and can be used to purchase goods online at or over the telephone from Garden & Terrace Ltd with prior arrangement. Please call us for information.

Gift vouchers may not be exchanged for cash.

General

Sale of Products

Products advertised in this site are not available for sale by Garden & Terrace Ltd in all countries and places and are only offered for sale by Garden & Terrace Ltd where they may be lawfully offered for sale and as indicated in the information displayed about the particular products. Garden & Terrace Ltd is not offering the products for sale in any other countries or places.

Orders are subject to availability of stock and Garden & Terrace Ltd does not guarantee that at any time a product will be available. Garden & Terrace Ltd reserves the right to withdraw any product displayed in this site from sale at any time. Garden & Terrace Ltd also reserves the right to supply a lesser quantity. On each product page the stock availability is indicated or alternatively an approximate date when stock will be available. This is information is given in good faith to the best of our ability and sometimes includes stock held in our shop. This information can alter on a minute by minute basis and occasionally there can be a delay in updating the information. If you are in any doubt about actual availability, please call and we will advise accordingly.

If you are planning to collect the item in person, we are happy to reserve the items for you for up to 24 hours providing you give us relevant contact information. Please note that for the avoidance of doubt that products collected and paid for in this way are not covered by the same terms and conditions (in so far as the 'distance selling regulations' do not apply). If you order goods for collection in person and there is a risk you might want to return them for reasons of fit, colour etc, we are flexible but please advise us beforehand, as we may add additional terms to the sale.

Intellectual Property

All copyright in this site and the images and other works displayed in this site is the property of Garden & Terrace Ltd or of the licensor or supplier of the products displayed. For information on these copyrights, see the notices on the pages throughout this site.

Garden & Terrace Ltd logos are the trademarks of Garden & Terrace Ltd.

All other trademarks which appear in this site are the property of the various third parties as indicated. For information on these trademarks, see the notices on the pages throughout this site.

Users of this site must not:

  •  use or reproduce any of the trademarks that appear in this site.
  • use the material in this site for any purpose other than as a source of information on, or for the    purchase of, Garden & Terrace Ltd products.
  • download, distribute, modify, copy, or otherwise reproduce any of the material in this site without the express written permission of Garden & Terrace Ltd.

Limitation of liability

We are diligent whilst checking the accuracy of any information we place on the Website, we make no guarantees, whether express or implied in relation to its accuracy.

We cannot guarantee that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website.

We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim all warranties of any kind, whether express or implied, in relation to the Products.

This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

  • any economic losses (including without limitation loss of revenues, profits, contracts, business, or anticipated savings); or
  • any loss of goodwill or reputation; or
  • any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents, or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Garden & Terrace Ltd and you are expected to do.

You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions.

Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Contact gardenandterrace.co.uk

The registered company address of Garden & Terrace Ltd is:

843 Finchley Road, London, NW11 8NA

Company Registration number: 6793812

VAT Registration No. 196711675