1 In General
You are dealing with Gardening Express Ltd for the purpose of these terms and conditions referred to as "Gardening Express" or simply "the company". Access to and use of this Web site and the products and search services available through this Web site (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that the Terms of Service may be updated by us from time to time, and are supplemented by other information throughout the web site. This Web site may also contains links to other Web sites, Web pages and services, which are not operated by Gardening Express (the "Linked Sites"). Your use of such Linked Sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. In any event your link through to such a site will be subject to the these Terms of Service. You recognise that Gardening Express has no control over such Linked Sites and information, and you accept that Gardening Express provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
2 Privacy policy
Under GardeningExpress.co.uk's privacy policy we may disclose to third parties certain information contained in our Users' registration applications, but we will not disclose your name, address, email address or telephone number unless we have informed you, been authorised by you, or are required to do so by law, subject to the Data Protection Act 1998. Our privacy policy may be found at Privacy Policy.
You will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person's trade marks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Gardening Express Web site.
All correspondance between Gardening Express, its management, officers, employees, consultants, agents, and affiliates, from any and all third party contacts is strictly private and confidential. You will not leave messages or publish any information regarding the above and any correspondance in any newspaper, magazine, television or radio broadcast, customer review website, blog or forum without first seeking prior written confirmation of accuracy and agreement on any such content from a director of Gardening Express. Where any such dissemination of information occurs, legal action may be taken to rectify and correct any inaccuracies, and damages may be sought from the organisations used as the medium of publication and individuals concerned with any publication of such information, where in the opinion of Gardening Express, the reputation or the business of Gardening Express, its subsidiaries or sister companies is or may be adversely affected in any way.
4 Intellectual Property, Software and Content
The intellectual property rights in all software made available and content supplied to you remains the property of Gardening Express, its licensors, advertisers or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by Gardening Express, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the GardeningExpress.co.uk site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied Gardening Express, its licensors, advertisers or content suppliers. GardeningExpress.com and GardeningExpress.co.uk are trade marks belonging to Gardening Express. No license or consent is granted to you to use these marks in any way, and Gardening Express reserves all rights in these and any related marks. You agree not to use these marks or any marks which are colourably similar without the written permission of Gardening Express. Images used online are for guidence only of the expected results from plants upon maturity. Different growing conditions may vary results considerably.
5 E-tail of Products and Services
By making a request/order you are offering to purchase a product which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland UK and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. Gardening Express are absolutely entitled to refuse any request made by you. If your order is accepted we will inform you by emailing you or else by calling you. We will also provide the identity of the party you have contracted with. This may be Gardening Express or in certain cases a third party. Where a contract is made with a third party Gardening Express is not acting as either agent or principal and the contract is made between yourself and that third party. When making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible. Our returns policy. The cost of products and services may fluctuate. All prices advertised are subject to change without prior notice.
Product Availability
All items on our website are generally in stock for immediate delivery when you place your order, unless you are reserving stock in advance when it is out of season. These items are indicated throughout the site, along with the approximate delivery periods for the items. Plants and bulbs are living products and occasionally availability can be affected by adverse weather conditions and external factures beyond our control. In the event an item you have ordered is not available we will arrange back ordering the item until it is available again, or a substitute that we deem as a suitable alternative. Sizes and measurements of plants are approximate, as living items there will always be some variation between season, if recently pruned etc, and a minimum tolerance level of +/-10% and in some case +/-20% should be allowed, or even 90% if for example a plant such as a butter fly bush has been hard pruned. Pot sizes may vary from time to time from the appoximate sizes stated online dependent on seasonal growth of plants and supply, we will however always supply the best plants available. Do remember that some plants are large and leafy in the summer month, but have no foliage in winter. Herbaceous perennials may migrate underground completely in the winter months, where they had been several feet tall in the summer.
Fair use Policy
In the case of special offers, discount products and promotions, Gardening Express operates a 'fair use policy' and shall absolutely retain the right to accept, decline or vary orders placed for any products, if it is felt they go against the spirit of any offer made. For example, we reserve the right to cap the maximum quantity of a product any individual or household may order, and will reimburse orders in part or in full where we feel over-ordering that goes against the spirit of offers and this 'fair use' has occured. This policy exists to ensure the maximum number of customers can benefit from these offers and ensure we will be able to continue offering the maximum value for money for our products to gardeners throughout the UK.
Delivery
Gardening Express delivers all year round to anywhere in the mainland UK, and other areas at extra cost. Please see our delivery information page for further information if you are unsure of the delivery cost for your area. If the incorrect area is selected, an administrational fee will be applied to correct this. It is important that you specify a delivery address and it is vital that the information is accurate. Subject to stock, all items should be received within 15 working days, but please allow up to 28 working days for delivery. Please remember that many items on the site are for ordering in advance, out of season, In which case, these will be delivered at the appropriate time for those items, as stated throughout the site. We suggest you have the items sent to an address where there will be somebody to receive your order. If this is not possible please be precise about where you would like the goods left if a suitable location exists. Gardening Express will not be liable under any circumstance should a delivery be delayed due to external influences beyond our control. Our carriers will attempt delivery several times if you are not in and leave cards informing you of this, and where they can be contacted to arrange a time to deliver when you will be available to received the goods. Should the carrier subsequently return the goods to us having left cards and attempted delivery more than once, we reserve the right to charge a 25% restocking fee. If the good are returned by the carrier after they have attempted delivery several times and are deemed to be unsuitable for re-sale, due to their perishable nature, you will be liable for the full purchase cost of the items, and we reserve the right to re-ship your order or offer any refund for the goods at our discretion.
6 DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE AND THE LINKED SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, Gardening Express DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND CONTENT INCLUDED IN AND ACCESSIBLE FROM THIS WEB SITE OR THE LINKED SITES.
7 DISCLAIMER OF LIABILITY
UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW Gardening Express, ITS CONTENT PROVIDERS, ADVERTISERS OR LINKED SITES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEB SITE OR THE LINKED SITES, EVEN IF Gardening Express HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE. YOU HAVE READ THIS DISCLAIMER AND AGREE TO IT ON THE BASIS THAT YOU AGREE IT IS REASONABLE.
8 DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS (®,- etc)
Except where expressly stated to the contrary all persons, products, services and locations featuring on the gardening express web site are in no way connected, associated, linked or affiliated to Gardening Express. furthermore, unless it is expressly stated on the gardening express web site that a certain product, service or location is connected, associated, linked or affiliated to the makers, right owners or breeders (the "makers") of a product or breeders of a plant you should not make such an assumption, or rely in any way on the existence of such a connection, association or affiliation, by implication or otherwise. any trade marks/names as may be featured on the gardening express web site are owned by the respective trade mark owners and gardening express claims no connection, association or affiliation with them. where a trade mark (brand name) is referred to it is used to describe or identify the products, services or locations (the "goods") or else it is used to identify the maker of a product or breeders of a plant.
9 Indemnity
You agree to indemnify, defend and hold harmless Gardening Express, its management, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Gardening Express services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
10 Variation of content
Gardening Express shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the Gardening Express Web site.
11 Submissions
All information and material submitted by you to Gardening Express or that you publish on any public area of the Gardening Express Web site shall be provided by the submitter and accepted by Gardening Express on a non-confidential basis subject to paragraph 2 above. Furthermore, Gardening Express shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and Gardening Express shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.
12 Termination
Gardening Express may at any time terminate or suspend any part of the Service without notice to you.
13 Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
14 Governing law & Legal information
These terms and conditions shall be construed in accordance with English law and the courts of England OR the jurisdiction in which you are resident or domiciled (at Gardening Express' election) shall have jurisdiction to resolve any disputes between you and Gardening Express, without regard to any choice of law provisions or private international law. You hereby consent to the exclusive jurisdiction and venue of the UK, for any and all disputes relating to the Terms of Service, use of this Web site or any Linked site in the event that Gardening Express have elected England as the jurisdiction. The legal entity of the company is Gardening Express Ltd, Company Registration No. 5202816, the registered office of which can be found at 1436 London Road, Southend, SS9 2UL. Day to day administration and operations are carried out at Mashbury Road, Chelmsford, CM1 4UA. Please note, neither address is open for visits by any third party with out prior appointment. Our email address is order(at)gardeningexpress.co.uk
15 Entire agreement
The above Terms of Service constitute the entire agreement of the parties in conjuction with other stated policies and FAQ's published by Gardening Express, and supersede any and all preceding and contemporaneous agreements between you and Gardening Express. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a director of Gardening Express.
