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Terms & Conditions

YOUR ATTENTION IS DRAWN TO CLAUSE 9 IN RESPECT OF MELCOURT SYLVAMIX® BRANDED PRODUCTS AND CLAUSE 12 IN RESPECT OF THE LIMIATION OF OUR LIABILITY

1. SUMMARY OF YOUR KEY RIGHTS
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06. The information in this clause 1 summarises some of your key rights. It is not intended to replace the contract below which you should read carefully


2. WHO WE ARE

2.1       We are Cohort (Worthing) Ltd, a company registered in England and Wales under number 00993155, trading as “The Garden Superstore” at Vinery Fields, Arundel Road, Poling, Arundel, West Sussex, BN18 9PY (also referred hereafter as ‘us’, ‘our’). Our VAT Registration Number is 251 9853 81.

2.2       The following terms and conditions govern the use of this website and outline the legal responsibilities and obligations that shall exist between you (the person buying the goods) and us.

2.3       By placing an order on this website, you are deemed to have read and agreed to these terms and conditions. 

2.4       If you have any questions, please contact us on 01903 258200 or orders@thegardensuperstore.co.uk.


3. PLACING AN ORDER

3.1       When placing an order, you undertake that any and all information given is accurate and complete. To amend an order or delivery address, please contact us immediately.  We will do our best to make amendments prior to despatch, but we cannot guarantee changes can be made once an order is processed.  All orders are subject to acceptance and product availability.  Availability information for products is listed on each individual product description.  

3.2       You may only buy goods from our site for non-business reasons.

3.3       Once you have placed an order, we will send you an email confirming that your order has been received, but this is not a confirmation that your offer to purchase the goods has been accepted.  A contract between you and The Garden Superstore for the sale of our products will only exist once an order has been despatched to you.  A separate email will be sent to you confirming the despatch of the item(s) and it is at that point that a legally binding contract is created between you and us.

3.4       If for any reason we are unable to fulfil any part of the order, we will notify you as soon as is practical and refund your card within seven days of so doing.  This does not affect your statutory rights.  Prices and availability of goods are subject to change without notice. The advertised delivery charge will be added to your order value unless otherwise stated. 


4. SPECIAL OFFERS AND PROMOTIONS
Unless otherwise stated, special offers cannot be used in conjunction with any other promotion nor are they valid for the purchase of sale items or gift vouchers. 


5. PAYMENT AND TAXES
We accept online payment in a secure environment and Accept Visa, MasterCard and American Express payments from customers worldwide.  For orders made from the UK or the European Union all prices shown are including VAT. 


6. CREDIT CARD SECURITY
When the order is placed on our website, the web site links process the payment using their encrypted secure web link.  We, at The Garden Superstore, do not see or hold any credit card details. Any orders that we receive via PayPal that are not ‘Seller Protected’, will be cancelled and refunded.  Please see clause 13 below for details of how your personal data is processed.


7. DELIVERY

7.1       Stock permitting, all orders are usually despatched within two working days of the order being received.  If an item is temporarily out of stock, we will notify you of the delay and despatch it as soon as it arrives.

7.2       The delivery period stated within which you will receive your order is indicative and, unless otherwise stated, not guaranteed.  Goods will be sent to the address given by you in your order.  If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock. In this case, you will only pay a single delivery charge. If your delivery address is outside of the UK, you may be subject to import duties and taxes, which are levied once a shipment reaches your country.  You must meet any additional charges for customs clearance.  Please note, customs policies vary widely from country to country.  We recommend you contact your local customs office for further information. Please note international shipments may be subject to cross border inspections by customs authorities.

7.3       Please Note: We will not instruct our couriers to leave any parcels near/behind wheelie bins or in bin areas. We will also request couriers to try a neighbour should you not be available to sign for your order at the time of delivery. High value orders will require signing for and will not be left.


8. RETURNS POLICY
For our current returns policy please see here.


9. DISCLAIMER REGARDING MELCOURT SYLVAMIX® PRODUCTS

9.1       In less than 0.5% by volume of Melcourt Sylvamix® branded products, a fungal infection, Melanoleuca verrucipes has caused damage to some plants grown by using such branded products. There is a small possibility that should you purchase and use Melcourt Sylvamix® branded products on any plant, such plants may be affected by Melanoleuca verrucipes. Subject to clause 12.1, we will not be liable to you (under section 14 of the Sale of Goods Act 1979 or otherwise) for any loss, damages, costs, liability or expenses suffered or incurred in connection with use by you of any Melcourt Sylvamix® branded product purchased from us on any plant (whether purchased from us, or otherwise).

9.2       If you can demonstrate to the reasonable satisfaction of both us and Melcourt Sylvamix® that a Melcourt Sylvamix® branded product purchased by you from us has directly caused an infection of Melanoleuca verrucipes or has caused any other problem at your premises, then we will make a refund to you equal to the price paid for the product.


10. YOUR RIGHT TO CANCEL

10.1      You may cancel this contract in writing within 14 days without giving a reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. If you do cancel the contract within this time, and your order has been despatched, any payments made by you will be refunded in full without undue delay and in any event within 10 days of us receiving the returned products. We will refund you the delivery costs (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). 

10.2      We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

10.3      To cancel this contract you must notify us by email or post. You may use the model cancellation form available at the bottom of these terms and conditions, but it is not obligatory.


11. CONFORMITY OF GOODS
We take every care to ensure that the description and specification of our products are correct. However, specifications and descriptions of products on this website are not intended to be binding and are intended only to give a general description of the products.  Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you. 


12. LIMITATIONS OF LIABILITY

12.1      The Garden Superstore does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation. 

12.2      To the fullest extent permitted by law and save as provided above, The Garden Superstore shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of The Garden Superstore or any of its members, agents, directors, employees or otherwise) for any losses that were not foreseeable to you or us at the time the contract was formed or were not caused by any breach on our part (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you. 

12.3      While The Garden Superstore uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and The Garden Superstore will not be responsible for any errors or omissions or for the results arising from the use of such information.

12.4      While The Garden Superstore takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

12.5      Further, The Garden Superstore will not be responsible nor liable for your use of any other websites which you may access via links within this website.  The Garden Superstore does not control these websites and is not responsible for their content.  Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with The Garden Superstore. 

12.6      The Garden Superstore will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.


13. YOUR PRIVACY AND PERSONAL INFORMATION
13.1      Our privacy policy is available here.

13.2      Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.


14. LAW & TERRITORY
14.1      These terms and conditions and your use of our website are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts.  This does not affect your non excludable statutory rights.

14.2      This website and our terms and conditions have been designed for use within the United Kingdom and under the laws of England. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable  laws or regulations other than the laws of England.  Accordingly, any products or promotions not permitted under your local law are not offered to you.


15. GENERAL
15.1      Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

15.2      No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.  Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.

15.3      The Garden Superstore may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific permission in writing of The Garden Superstore.


MODEL CANCELLATION FORM

To Cohort (Worthing) Ltd
T/A The Garden Superstore
Vinery Fields
Arundel Road
Poling, Arundel
West Sussex
BN18 9PY
orders@thegardensuperstore.co.uk

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate