PLEASE TAKE THE TIME TO READ THESE TERMS AND CONDITIONS CAREFULLY. WE DRAW YOUR ATTENTION TO YOUR CANCELLATION RIGHTS IN CLAUSE 8 AND THE LIMITS OF OUR LIABILITY IN CLAUSE 10.
1. Our Contract
1.2 These Terms and Conditions govern the supply of goods and services sold by the parent company, Hall’s Garden Supplies, (“GardenSite”, “other websites directly under our control”, “Gabrielle Rose”, “Garden Centre”, “Aquatics Superstore”, “we”, “our” or “us”) to the customer (“you”). Our Head Office address is 209 Chester Road, Castle Bromwich, Birmingham, B36 0ET. However, for correspondence, please contact us at 211 Chester Road, Sutton Coldfield, West Midlands, B73 5BD. Our VAT number is GB 109 6996 27.
1.3 Where these Terms and Conditions refer you to contact GardenSite/Hall’s Garden Supplies directly, please either telephone (+44) 0121 355 7701 or email firstname.lastname@example.org.
1.4 If you order/purchase goods/services on behalf of a company, organisation or any other entity, then (i) ’you’ (as defined in clause 1.2) includes you and that third party and (ii) you represent and warrant that you are authorised to bind the third party to our agreement (including these Terms and Conditions).
1.5 These Terms and Conditions set out the basis on which we may sell to you. Please read them carefully. Subject to clause 3, by submitting an order for and/or purchasing any product, you are indicating your acceptance of these Terms and Conditions and you agree to be bound by these Terms and Conditions in their entirety. If you do not accept these Terms and Conditions in their entirety, you will not be able to order or purchase any products from us.
2. Our Agreement
3. The order process and formation of the contract between us
3.1 Your order constitutes an offer from yourself to purchase from us. All orders and purchases that you make (whether in-store, by telephone, via our website or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us. By placing an order, you confirm that you have read, understood and agree to Hall’s Garden Supplies’ Terms and Conditions in their entirety.
3.2 Unless we have notified you that we do not accept your order (or offer to make a purchase) or you have cancelled it in accordance with our returns policy, we accept your order (or offer to make a purchase) as follows:
3.2.1 we accept your order upon despatch of the goods from the supplier or ourselves to you; or
3.2.2 we accept your order upon providing the goods you have purchased to you at the trade counter in store; or
3.2.3 where you place an order for a bespoke product made to your personal requirements, e.g. Elite Greenhouses, we accept your order seven days after the date of your order or when the creation of the bespoke item has begun, whichever is earlier; or
3.2.4 where you place an order for products which are liable to deteriorate or expire rapidly, including perishable products (such as plants or turf), we accept your order seven days after the date of your order or when we start to prepare the products for delivery or collection, whichever is earlier.
3.3 The processing/transfer/disposal of your payment and acknowledgment/receipt of your order does not constitute legal acceptance of your order.
3.4 Upon acceptance, a legally binding contract is constituted between us.
3.5 We may choose not to accept your order (or offer to make a purchase) for any reason for which we will not be liable to the customer or anyone else under such circumstances. If we do not accept your order (in whole or in part) we will refund any monies paid in connection with that order (or that part of the order that we do not accept).
4. Buying from us
4.1 We will always take reasonable steps to display, as accurately as possible, the colours, dimensions, appearance and other detailing/description of our products (and their packaging) in the images and text that appear on GardenSite, other websites directly under our control and other media. However, we do not guarantee that such information will exactly reflect the colour, dimensions, appearance or detailing of the physical product (or its packaging). Your products (and their packaging) may vary from those images and descriptions. To the extent permitted by law, we accept no liability associated with such variations.
4.2 Any information published by Hall’s Garden Supplies regarding dimensions (sizing, measurements, weights, capacities) and specifications of products is included as a guide only. If you have concerns about specific details, we recommend that you contact us prior to placing an order and/or purchasing a product.
5. Price, delivery charges and availability
5.1 Unless otherwise stated, prices for our products are inclusive of VAT. VAT content is displayed at the purchase stage of placing an order online. VAT may be subject to rounding variances.
5.2 Delivery is generally free or inclusive to any UK mainland destination. This is subject to individual suppliers who may have differing interpretations of ‘UK mainland’ and, thus, additional charges may apply for your postcode. Delivery is chargeable for orders under £50.00 on many lines. In-store local delivery charges may vary. ’Free’ delivery may only stand for the first delivery attempt. For more information, visit the footer of each individual product page or, for further details, contact Hall’s Garden Supplies directly.
5.2.1 On certain products, there is the option in the footer for next working day delivery. Orders placed on Friday before the deadline will not be delivered until Monday. We cannot accept liability for items not delivered by our couriers on time and would recommend that you do not engage contractors etc until you are in physical possession of the goods.
5.3 Estimated delivery times are shown on individual product pages. Please be aware that these are estimations only and are based on our best assumption that the item is available. For further details, please contact Hall’s Garden Supplies directly.
5.4 You can track your order at any time by using the Online Tracking Order Service or contacting Hall’s Garden Supplies directly, including your order number where applicable.
5.5 Some of our suppliers offer kerbside delivery only. Please call us to confirm if this is the case for your order.
5.6 When you order online there is an option to specify a separate delivery address. We give you the option to deliver to the specified cardholder’s address or to a third party address (at our discretion).
5.7 We may update prices at any time. Despite our best efforts, a small number of the products we sell may occasionally be mis-priced or not have been updated accordingly in media publications. If this happens then we will not be obliged to supply the products at the incorrect or previously stated price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or endeavour to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
5.8 From time to time we may apply promotional prices to products. These promotional prices will only apply in the context in which the promotion is given and are subject to the terms of that specific promotion. To take advantage of promotional prices, you must quote the relevant promotion code when you order (where applicable). We may update or change promotions at any time.
5.9 Pro-forma invoices and quotations are valid for 30 days from the date stated on the invoice or quotation. If cost prices change, that invoice or quotation may become void.
6.1 The total cost of your order and/or purchases is the price of the products and applicable additional delivery charges.
6.2 Purchases will be made in pounds sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.
6.3 Unless we have otherwise agreed in writing, we will take total payment before, or at the point of, forwarding the order on to the relevant supplier(s) or prior to despatch once we have established the goods are in stock or available.
6.4 Online or electronic payment can be made using most major credit or debit cards, PayPal or bank transfer. In-store payment can be made using credit/debit cards, cash or accepted vouchers. No change is provided when using accepted vouchers in-store.
6.5 You may only pay for your order using a payment mechanism that you are authorised to use. All credit/debit card holders are subject to validation checks by Sage Pay or any other provider. (Please refer to our Security Policy for more information on our payment service provider.) If the card issuer refuses to authorise payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal.
6.6 We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your order.
6.7 You are responsible for all orders placed by your authorised employees.
7. Receiving your products
7.1 Clause 5 outlines our delivery terms.
7.2 With regards to any deliveries that Hall’s Garden Supplies or our suppliers undertake, subject to stock availability, clause 5 and our Delivery information, we will use reasonable endeavours to ensure delivery on any specified date we/the supplier agree(s) or, if no date is specified, within 30 days of the date of your order. Bespoke items may take considerably longer. In the case of circumstances beyond our reasonable control (eg. adverse weather, unpredictable delays, fault/inaction of the supplier), we may not be able to ensure delivery of your products within such timescales. We will not be liable for any delay or failure to deliver the products if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, either us or the supplier will agree an alternative delivery date with you.
7.3 You must also do all that you reasonably can to enable the delivery to take place on the given date. If we are unable to deliver the products as a result of your actions/inactions, we will need to arrange an alternative delivery date and we reserve the right to charge you a further fee for this.
7.4 Unless otherwise agreed, products must be signed for on delivery by a person aged 18 or over. Delivery will be complete when we deliver the products to the delivery address you specified in your order.
7.5 If you do not receive your products on the stated delivery date, please notify us immediately. We recommend that you do not schedule or commence any installation work until after you have received your ordered products and checked all of them for any defects or missing parts.
7.6 Each product remains our (or the supplier’s) property until you have paid for it in full or the product has been provided to you (whichever occurs later), whereupon you will own the product. On delivery of the products or collection of the products by you, the products shall be at your risk and responsibility and you will be responsible for their safekeeping and neither us nor the supplier will be responsible for any damage or fault arising from incorrect storage or any other means
8. Cancellation, returns and order amendments
8.1 The Consumer Contracts Regulations came into effect on 13 June 2014, replacing the Distance Selling Regulations.
8.1.2 The cost of delivery is highlighted in clause 5 (Price, delivery charges and availability). Unless otherwise agreed, the customer will pay for the cost of returning items when exercising their right to cancel/return a product.
18.104.22.168 Your right to cancel an order starts the moment you place your order and ends 14 (fourteen) days from the day you receive it.
8.1.3 You will get a refund within 14 (fourteen) days of either us/the supplier getting the goods back, or you providing evidence of having returned the goods, whichever is sooner.
8.1.4 Hall’s Garden Supplies holds the right to make a deduction to the refund price if the value of the goods has been reduced as a result of you handling the goods more than was necessary (more than if you were assessing them in a shop) and to cover repackaging/administration fees.
8.1.5 Hall’s Garden Supplies acknowledges that we must refund the basic delivery cost of getting the goods to you in the first instance. If you opted for an enhanced service, we are only required to refund the standard delivery cost.
8.2 Please keep your Proof of Purchase for anything you buy from us as doing so will ensure we can help you if you wish to exercise your right to return a product.
8.3 The right to cancel your order set out above is subject to the following exclusions:
8.3.1 Bespoke products, perishable products will not be exchanged or refunded unless they are faulty and/or damaged.
8.3.2 If you have opened the product packaging see Clause 8.1.4 regarding your cancellation rights.
8.4 Following cancellation, we will refund you the price paid for the cancelled order (including basic delivery costs for the items cancelled) less any collection or return costs/charges eg. repackaging and administration fees.
8.5 We will endeavour to pay your refund within 14 days after cancellation.
8.5.1 For orders delivered by external suppliers, generally, we will not issue your refund until we have received written correspondence from said supplier detailing either cancellation or collection confirmation and any associated costs.
8.5.2 For orders delivered by Hall’s Garden Supplies, we will issue your refund upon receipt and inspection of the returned products. Unless the product is faulty or damaged, the customer will have to bear the direct cost of returning the goods. We recommend using a recorded postal service. You must arrange the return of the products as soon as possible and in any event no later than 14 days after the cancellation day. Products must be returned with Proof of Purchase and complete with all components including instruction booklets etc. For certain products we may offer a collection service for a fee. Please contact us for further details.
8.6 You must keep the products you wish to return in your possession and take reasonable care of the products at all times while they are in your possession; you must not use the products (except to the extent reasonably necessary to inspect and examine them).
8.7 Any changes to your order must be notified to us within a reasonable time. If you amend or change your order you may find there are changes to your delivery timetable and/or the price you pay for this item (you may be charged the current selling price on the day you amend your order). If your order has already been despatched, by ourselves or from an external supplier, we will be unable to implement any required changes/amendments.
9. Faulty products
9.1 On receipt of the products you must check they match your order. If there is any problem or defected, missing or damaged items you must notify us without undue delay so we may contact the relevant supplier or, where the items have been delivered by us, resolve the issue as soon as possible. Some suppliers set their own timeframe with which faults/damage must be reported; please contact us for further details. Generally, the supplier or ourselves will offer to make good any shortage or non-delivery and replace any damaged or defective goods. A refund and collection will only be offered under exceptional circumstances and must be authorised by us.
9.2 Where products are damaged, we and the supplier will require photo evidence as proof before replacements are agreed to be sent.
9.3 Some products may need to be sent in for testing to determine whether they are faulty. If, after testing, we have found the product to be in good working order, you will be charged a fee to receive your product back.
10.1 If you are acting as a consumer (outside the course of business) in your ordering/purchasing of products, to the extent not prohibited by law, we do not accept liability for any:
10.1.1 loss which is not foreseeable (not an obvious consequence of our breach);
10.1.2 loss which arises when we are not at fault or in breach of our agreement; and
10.1.3 business loss e.g. loss of profits
10.2 If you are acting as a business customer in the course of business in your ordering/purchasing of products, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under our agreement or otherwise at our discretion.
10.3 Without prejudice to clause 10.2, if you are acting as a business customer in your ordering/purchasing of products, we accept no liability (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any of the following losses:
10.3.1 loss of profits, revenue, sales, income, or business;
10.3.2 loss of savings;
10.3.3 loss of use or production;
10.3.4 loss of goodwill;
10.3.5 business interruption;
10.3.6 subject to clause 9, remedial costs if the products are damaged or defective;
10.3.7 damage to property or possessions through use or misuse of the products;
10.3.8 loss caused by delay or other late performance; and
10.3.9 indirect or consequential losses
10.4 If you are acting as a business customer in your ordering/purchasing of products, you acknowledge and agree that all our obligations to you are set out in our agreement.
10.5 If you are acting as a business customer in your ordering/purchasing of products, except as set out in our agreement, all other terms, warranties, representations and conditions implied by statue, common law or otherwise (including fitness for purpose) are excluded to the fullest extent permitted by law.
10.6 Subject to clause 10.8, we will not be responsible to you or, if you are undertaking work for another person, to any other person, for the use or installation of any products by you (or on your behalf). Accordingly, you hereby agree to hold us harmless and indemnify us against any liability associated with any claim or allegation that we are responsible for any failings in the installation or use of any products that we supply.
10.7 If, where appropriate, you add an installation service to your order, please be aware of the prior preparations that must be complete before installation occurs. If the installers, for example, discover upon arrival that you do not have a suitable base to build the shed on then you will be liable to pay the additional fee for the installers to come back a second time once an acceptable base has been laid. Please also note that, in general, shed installation does NOT include base installation.
10.8 With regards to both consumers and business customers, nothing in our agreement limits or excludes our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other liability which cannot be limited or excluded by law.
10.9 Our website and any other media may contain information and materials created and submitted by third parties, and, subject to clause 10.7, we exclude liability for all losses arising from any error, omission or inaccuracy in any such information and material.
11. Our right to cancel
11.1 We may cancel our agreement by oral or written notice if you are in breach of the agreement, you become unable to pay your debts, bankruptcy/insolvency proceedings are likely to be commenced against you or if we or the relevant supplier are unable to fulfil your order eg. the product you request is discontinued or the product is for an international delivery. Upon cancellation, any money owed to us shall become immediately due. Refunds will be dealt with as set out in clause 8.4.1.
12. Events beyond our control
12.1 We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to products supplied or delivered under our agreement, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
13. Recycling electrical and electronic products
13.1 On 1 July 2007, new government regulations called the Waste Electrical and Electronic Equipment (WEEE) Regulations came into force to encourage people to arrange collection or recycling of old electrical products, rather than throwing them away. The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK. Recycling reduces the environmental and health risks associated with sending electrical goods to landfill. Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol shown to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste so that they can be recycled. The simplest way to recycle is to take recyclable goods to your local councils domestic waste recycling centre; details can be found for local councils on http://www.direct.gov.uk/en/index.htm.
13.2 We also offer a free in store take back service so you are able to take any products we sell to any of our stores. It doesn't matter if you didn't purchase the equipment from us - we'll still take it back. All electrical products purchased via distance selling from one of our websites can also be taken back to one of our stores for recycling, or alternatively we can offer a collection service for a charge of £20.00. This covers the cost of administration and transport.
14. Your information
15.1 If you make a complaint, we will endeavour to keep you informed either by telephone or email at each stage of the complaints handling process and will endeavour to fully resolve your complaint as soon as possible.
16. Trademark and copyright
16.1 All text, graphics, images, multimedia, links, logos, trademarks, software, SEO text and computer code (the “Content”) belongs, or is licensed to, Hall’s Garden Supplies; the parent company of GardenSite. Where a third party supplier/partner has failed to actively protect any original work which now forms part of GardenSite’s Content, Hall’s Garden Supplies will have either obtained, or will be seeking, express written consent. As a result, unless there is express written refusal, Hall’s Garden Supplies will assume an implied license to use the supplier’s/partner’s work until express written consent has been received. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without prior written consent from Hall’s Garden Supplies.
16.2 The terms ‘GARDENSITE’ and ‘GARDEN SITE’ are a registered trademark of Hall’s Garden Supplies.
17. Manufacturer’s warranties and guarantees
17.1 Some of our goods are sold with a manufacturer’s warranty, guarantee or similar assurance (please see the relevant product description on our website for further details). Any complaint, query or claim under a manufacturer’s warranty, guarantee or similar assurance must be made direct to the manufacturer and we do not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance.
18. Other important terms
18.1 We make every effort 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 won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. We shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
18.2 We have placed links on this website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. We cannot accept any liability in respect of the use of these websites.
18.3 In the UK we accept official orders from all Government departments and councils, the MOD, schools, local and higher education authorities, hospitals and health authorities, Times 100 companies and approved credit accounts. We also accept official orders from USA government and military bodies, as well as other overseas governments. Goods exported outside the UK, and to certain approved bodies may be invoiced or charged at zero VAT in line with current rulings providing the necessary signed paperwork is available.
19. These Terms and Conditions
19.1 We may update, vary and amend these Terms and Conditions from time to time without prior notice. Each time you order or otherwise purchase a product from us, the Terms and Conditions in force at that time will apply (as set out on our website). We recommend that you check our website from time to time to ensure that you understand which Terms and Conditions apply. By continuing to access, browse and use this website, you will be deemed to have agreed to any changes or updates to our Terms and Conditions.
19.2 These Terms and Conditions set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
19.3 There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these terms & conditions, govern your use of this website.
19.4 If any provision of our agreement (including any provision in which we exclude or limit our liability to you) is found to be invalid or unenforceable in whole or in part, the validity of the other provisions in our agreement and the remainder of the provision in question shall not be affected.
19.5 No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
19.6 Only you and us shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
19.7 These Terms and Conditions are governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.