Last Updated: 4th March 2010
Terms & Conditions
Welcome to The Garden Store. Your use of this site demonstrates your acceptance of the following terms & conditions. If you do not agree to these terms & conditions in whole or in part, please do not use this site. Please read them carefully as they contain important information.
This site is owned and operated by The Garden Store. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at the above address or by email at info@stainlesssteelbbqs.co.uk.
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. Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us when we send the goods to you. Our acceptance of your order brings into existence a legally binding contract between us.
2) Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
3) Availability
All orders are subject to acceptance and availability. If the Goods you have ordered are not available in stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
4) Ordering errors
You are able to correct errors on your order up to the point at which you submit it for order processing.
5) Price
The prices payable for goods that you order are as set out in our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
6) Payment
We use Paypal.com to process our payments. Paypal is the safer, easier way to pay online without exposing your credit card number or bank account details. Paypal is secure and has high standards of buyer protection. You may pay via your own Paypal account or use a credit or debit card. We do not accept cheques. All payment information, incl credit and bank account details are encrypted both via this site through our privately owned SSL certuficiate as well as through Paypal’s own SSL encryption. SSL stands for Secure Socket layer which is a method of ensuring that data is not legible to third parties.
7) Payment terms
You undertake to provide us with the correct details for the purchasing of goods, that the credit card or bank account via the Paypal system is your own and that you have sufficient funds to cover the cost of the product. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
8) Delivery charges
Delivery charges vary according to the type of goods ordered and cannot be refunded. Please read our Delivery Page for information about delivery charges, timescales, cancellations and refunds. Those terms are also implicit within these Terms and Conditions.
8.1 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.
9) Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.
10) Acknowledgement and acceptance of your order
You will need to provide us with your e-mail address and a telephone number. We will notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to confirm details. An acceptance of your order will take place on despatch of the good(s) ordered.
11) Cancellation rights
Please read our Delivery Page for information about delivery charges, timescales, cancellations and refunds. Those terms are also implicit within these Terms and Conditions.
11) Cancellation by us
11.1 We reserve the right to cancel the contract between us if:
11.1.1 there is insufficient stock to deliver the goods you have ordered;
11.1.2 we do not deliver to your area; or
11.1.3 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.
11.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card via Paypal as soon as possible but in any event within 30 days of your order.
12) Liability
13.1 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 45 days of the date on which you ordered the goods (unless this is not reasonably practicable).
If you notify a problem to us under this condition, our only obligation will be, at your option:
12.1.1 to make good any shortage or non-delivery;
12.1.2 to refund to you the amount paid by you for the goods in question in whatever way we choose.
12.2 Any claims for defective goods will only be considered if advised to us immediately upon receipt of goods or in any event within 7 days of receipt of goods.
12.3 Both parties shall only be liable under this contract for losses, which are direct and a reasonably foreseeable consequence of the relevant breach of contract
12.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
12.5 You must follow the manufacturer’s installation advice and instructions at all times. Our products are sold for residential use only. We will not be liable for your failure to adhere to these instructions, your negligence, incorrect installation, incorrect use including non-residential use, vandalising or unauthorised alteration or attachment of equipment other than our own.
13) Ownership of rights
All rights, including copyright, in this website are owned by or licensed to The Garden Store. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
14) Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. We are not liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
15) Electronic Communications
You agree to receive communications from us electronically (via e-mail). You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any and all legal requirements that such communications be in writing.
16) Product Descriptions and Prices
We attempt to describe products featured on this site as accurately as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you. (If you are not completely satisfied with your purchase, you may return it as described in our Return Policy)
17) Product Reviews
Unless indicated otherwise, when you post content or submit material on our site, you grant The Garden Store a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant The Garden Store and its sub-licensees the right, but not the obligation, to use the name that you submit with such content. You represent and warrant that you own or control all rights to the content you post or submit; that the content is accurate; that use of the content will not violate this policy; and that the content will not cause injury to any person or entity. You agree to indemnify The Garden Store for any and all claims resulting from content that you submit or post. You agree that The Garden Store has the right, but not the obligation, to monitor, edit, and/or remove any activity or content. The Garden Store shall have no responsibility and assumes no liability for any content posted by you or anyone else.
18) Copyright & Trademarks
This website and its contents are intended for your personal use. Unless otherwise noted, all content on this site, including text, graphics, logos, button icons, images, audio clips, and software, is the property of The Garden Store and is protected by United Kingdom and international copyright laws. Third-party content providers also own copyrights in the content original to it. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the site content, on this site, in whole or in part. You may download or copy one copy of the site content for personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made. Downloading or copying site content for other than personal, noncommercial use is expressly prohibited without the prior written permission of us or any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or copying any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the site or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.
You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission of your content on the Site. All rights not expressly granted herein are reserved.
19) Links to Third-Party Sites
This site may contain links to web sites operated and maintained by third parties, over which we have no control. Their Privacy Policy and Terms & Conditions may be different from our Privacy Policy and Terms & Conditions. Be advised that you access such linked sites at your own risk. You should always read the privacy policy of a linked site before disclosing any personal information on it.
20) Protecting Children
We are careful to protect the safety and privacy of children. Our web sites are general audience sites. Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online.
21) Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING AND PURCHASING PRODUCTS FROM THIS SITE, YOU AGREE THAT IN NO EVENT SHALL THE GARDEN STORE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.
22) Applicable Law
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our Site and your purchase of products or services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware of any potential or suspected violation of these Terms & Conditions or of our Privacy Policy we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms & Conditions or the Privacy Policy could be subject to criminal or civil penalties. The Terms & Conditions and the relationship between you and The Garden Store shall be governed by the laws of the State posted in the address below without regard to its conflict of law provisions.
The failure of The Garden Store to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms & Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or the Terms & Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
23) 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.
24) 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:
The Garden Store,
Suite 316,
226 Maddison House,
High Street,
Surrey,
CR9 1DF,
UK
or by email at info@stainlesssteelbbqs.co.uk and all notices from us to you will be displayed on our website from to time.
25) Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
26) Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
27) 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.
28) Privacy
You acknowledge and agree to be bound by the terms of our Privacy Policy. Please review our Privacy Policy to understand our practices regarding privacy.
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
