Webshop Terms & Conditions
1 - The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
2 - Our right to refuse your order
2.1 We reserve the right to refuse to accept your order for any reason including without limitation and whether or not payment has been received by us if:
2.1.1 we have insufficient stock to deliver the goods you have ordered;
2.1.2 we do not deliver to your area;
2.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers;
2.2 If we do refuse your order we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
3 - Price
3.1 The prices payable for goods that you order are as set out on our website.
3.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are specified when you place your order.
4 - Your right to cancel your contract
4.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the day after the date you receive the ordered goods. Please note that under the distance selling rules, perishable goods like flowers and food cannot be cancelled after delivery.
4.2 To cancel your contract you must notify us by email to [email protected] or in writing to the address below.
4.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible. We strongly recommend the use of a courier or other 'signed-for' postage method to return the goods.
4.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
4.5 If you cancel the contract but do not return the goods to us in the condition they were in when delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
5 - Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order or in the case of a specified delivery date on that date.
5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
5.4 Unfortunately, we do not deliver to the Channel Islands, Northern Ireland, Scottish Highlands and, Isle of Man.
6 - Liability
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity then you must notify us immediately either in writing to the address below or by email to [email protected].
6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them or in the case of a specified delivery date within 30 days of that date, then you must notify us either in writing to the address below or by email [email protected]. or by telephone on 01432 850009
If you notify a problem to us under this condition then at your option we will either:
6.2.1 make good any shortage or non-delivery;
6.2.2 replace or repair any goods that are damaged or defective; or
6.2.3 refund to you the amount paid by you for the goods in question in whatever way we choose.
and we shall have no further liability to you.
6.3 Save as precluded by law and except where you are dealing as a consumer, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or good-will) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.
6.4 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.
7 - Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at:
Radway Bridge Garden Centre
Worcester Road
Whitestone
Hereford
HR1 3RX
and all notices from us to you will be displayed on our website from time to time.
8 - Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9 - Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected to the extent that they are capable of continuing in force without the unenforceable term or condition.
10 - Privacy
To be able to process and record your order details, we retain certain information in our systems. We record your name, address, e-mail address and order details. This information is held on a secure database. We may use this information to let you know about future offers from our garden centre and other selected companies. All the data you supply is handled and managed in accordance with the Data Protection legislation, as you may expect from us.
Our website makes use of 'cookies'. We use them to record the details of the items as you add them to your basket. Once you select & start ordering products, the details are passed to the secure server for processing. The Help information for your browser will explain how you can control the use of cookies. However, for our website to function correctly the cookie facility must be enabled.
When someone visits our website or webshop we collect standard internet information and details of visitor behaviour patterns. We do this to find out things such to the various parts of the site. We collect this information in a way which does not identify you. We do not make any attempt to find out the identities of those visiting our website.
We take the security of the information you provide very seriously and we will store your information on a secured server. However on the rare occasion, something happens we don’t accept any responsibility. You also need to take care of normal security measures on your own computer or internet device.
Sage Pay uses a range secure methods such as fraud screening, I.P address blocking and 3D secure. Once on the Sage Pay systems, all sensitive data is secured using the same internationally recognised 256-bit encryption standards. Sage Pay is PCI DSS (Payment Card Industry Data Security Standard) compliant to the highest level and maintains regular security audits. They are also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable.
11 - Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12 - Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
13 - Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us and except where you are dealing as a consumer:
13.1 Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us; and,
13.2 Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.