Terms of Service

Terms of Service

These terms and conditions and the Website Disclaimers apply to use of Homeleigh Garden Centre Ltd. By accessing this Website and/or placing an order You agree to be bound by both these Terms and Conditions, the Privacy Policy and the Website Disclaimers. Please read through the Terms and Conditions carefully and then print a copy for future reference. If You do not agree to be bound by these Terms and Conditions and the Website Disclaimers, You may not use or access this Website.

These terms and conditions do not affect your statutory rights.

These Terms and Conditions apply only to purchases of Goods from Our online shop.

1. Basis of Contract

1.1 Any reference to 'Website' is to a Website owned and operated by Homeleigh Garden Centre Ltd. 'We, Us, Our, Ourselves' means Homeleigh Garden Centre Ltd. 'You, Your, Yourself' means the person who uses the Website. 'Goods' means the Goods available for purchase on Our Website and ordered from Us by You.

1.2 These terms and conditions shall govern the use of Our Website and the purchase of Goods to the exclusion of any other terms and conditions.

1.3 These terms and conditions supersede all terms and conditions and shall replace any terms and conditions previously notified to You.

1.4 No variation to these terms and conditions shall be binding on Us unless agreed in writing between You and one of Our authorised representatives.

1.5 Our employees and/or agents are not authorised to make any representations or warranties concerning Our Website and/or the Goods unless confirmed by Us in writing.

1.6 You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these terms and conditions.

1.7 We may modify these Terms and Conditions at any time. Your continued use of the Website shall be deemed to be Your acceptance of any modification which will apply to any subsequent orders placed by You.

1.8 We will not keep a copy of Our Contract with You and therefore, You should print off and keep a copy of these terms and conditions, being Our Contract with You, for Your records.

2. Orders

2.1 We shall have the right to refuse to accept any orders placed for Goods.

2.2 You shall be responsible for the accuracy of an order and for giving Us any information necessary for Us to perform the Contract.

2.3 No order for Goods shall be deemed accepted by Us until We send an order confirmation email to You.

2.4 Goods are subject to availability and due to the seasonal nature of Our business, some Goods may not be in stock at the time of Your order. We aim to inform You of the availability of Goods by displaying such information on the Website when You browse the Goods. However, if the information is displayed incorrectly and We are unable to supply You with the Goods due to the fact that they are out of stock, We will inform You by email, as soon as possible. You will be given the option of (i) waiting until the Goods are in stock when We will perform the Contract; (ii) choosing Goods of an equivalent price and quality or (iii) cancelling Your affected order and obtaining a full refund if We have already received payment from You for the cancelled Goods.

2.5 We do try to make sure that all details contained within the Website are as accurate as possible. On the rare occasion that there is an error, We will advise You about it as soon as possible.

2.6 Please note that any details and/or specifications of the Goods produced by Us (including but not limited to any photographs of the Goods) are intended as a guide only and only give a general approximation of the Goods. For example, the actual colour of the Goods may vary from the colour in the accompanying photograph depending on Your monitor display.

3. Children

3.1 We will not accept orders for the Goods from anyone under the age of 18 years. By using the Website and/or placing orders for the Goods, You confirm that You are aged 18 years or over.

4. Cancellation

4.1 Where applicable, You may cancel Your order in accordance with Your rights under the Distance Selling Regulations.

4.2 You have the right to cancel the contract for the purchase of Goods within seven working days of delivery of the Goods to You.

4.3 The ability to cancel orders does not apply to Goods which have been worn, washed and/or otherwise used.

4.4 To cancel Your order You can email Us at customerservices@homeleighonline.co.uk with Your instructions, entering the words ‘Order cancel’ in the subject title, or write to Us (see Our Details section at the end of the Terms and Conditions) within seven working days of delivery of Your items, quoting Your order number. We will issue You with a returns number. You must take reasonable care of the items whilst they are in Your possession and You must not use them. Please return the Goods to Us in their original packaging, quoting the order number. We advise that You return any Goods using registered post in order to ensure their safe return.

4.5 We will only refund the purchase price (if We have received payment of the price) when We have received the Goods from You in an undamaged state. Returns will be at Your cost.

5. Delivery

5.1 Dates and times for delivery are estimates only and are not guaranteed. They are also subject to any matter beyond Our reasonable control. Details of delivery are set out on the Website where You browse the Goods.

5.2 You shall have no right to reject Goods and no right to rescind the Contract for late delivery unless the due date for delivery has passed and You have served on Us a written notice requiring the Contract to be performed and giving Us not less than 14 days in which to do so and the notice has not been complied with.

5.3 We shall not be required to fulfil orders for Goods in the sequence in which they are placed. We will also only deliver orders if all of the Goods in an order are available. We are not required to deliver orders in instalments.

5.4 Delivery can only be made to mainland UK and offshore UK addresses (Scottish Islands, Channel Islands, Isle of Wight, Isle of Man and Scilly Isles).

6. Price and Payment

6.1 The price You pay is the price displayed in respect of the relevant Goods on this Website at the time We receive Your order plus the applicable delivery charges.

6.2 Delivery charges and prices are subject to change.

6.3 All prices are inclusive of VAT (where applicable) at the current rate.

6.4 While We try and ensure that all prices on Our Website are accurate, errors may occur. If We discover an error in the price of the Goods You have ordered We will inform You as soon as possible and give You the option of either reconfirming Your order at the correct price or cancelling it. If We are unable to contact You We will treat the order as cancelled. If You cancel an order due to an error in price and We have already received payment for the affected Goods, You will receive a full refund.

6.5 Payment is due at the time You place Your order. We use a third party, SagePay, to take Your payment for the Goods by either debit or credit card. By ordering Goods from Our Website You are giving Us Your consent to pass details essential for purchasing Goods to SagePay. We will not store these payment details and SagePay will.

7. Property and Risk

7.1 Risk in the Goods shall pass to You at the time of delivery. Delivery shall be deemed to occur at the time when the Goods arrive at the delivery address provided to Us by You.

8. Returns

Faulty Goods

8.1 If You discover the Goods are faulty, You must notify Us of the defect within seven days of the date of delivery or within a reasonable period of time of discovery (if the defect was not readily apparent).

8.2 We may inspect the Goods, either by:

    8.2.1 asking You to return the Goods to Us; or

    8.2.2 in some cases asking a return to be made to the manufacturer for inspection to assess whether the Goods are faulty.

8.3 If We agree with You that the Goods are faulty, and that the fault was not caused by Your neglect or misuse of the Goods, We will, at Your choice, replace, refund or repair (if possible) the faulty Goods at no cost to You. We will refund any reasonable costs You prove that You have incurred in returning the faulty Goods to Us. We recommend that You keep postal receipts for this purpose.

Incorrect Goods

8.4 If We send You incorrect Goods, You must notify Us as soon as You discover the mistake and within a reasonable period of time.

8.5 We will either:

    8.5.1 arrange for Our carrier to collect the Goods from You; or

    8.5.2 ask You to return the Goods to Us by post.

8.6 We will either, at Your choice:

    8.6.1 send You the correct items as soon as possible after receipt of the returned Goods; or

    8.6.2 refund the price of the Goods and delivery

9. Data Protection

9.1 When You Use Our Website, You will be asked to provide certain personal information such as Your contact details, credit card or other payment information. We will store the personal data that You provide to Us on computers or otherwise and will not store credit or debit card information.

9.2 We will comply with the requirements of all Data Protection legislation in force in England and Wales. Further details about Our approach to Data Protection is contained in Our Privacy Policy, which We recommend You read.

10. Liability

10.1 We shall have no liability to You for any loss of profits, business or revenue, damage to goodwill, economic and/or other loss that was not reasonably foreseeable at the time You entered into this Contract.

10.2 Nothing in this Contract shall exclude or limit Our liability for death or personal injury due to Our negligence, fraud and/or any of Your statutory rights which may not be excluded or limited due to You acting as a consumer and/or due to any applicable law. Any provision, which would be void under any consumer protection legislation or other legislation, shall, to that extent have no force or effect. For further information about Your statutory rights, please contact Your Local Authority Trading Standards Department or Citizen’s Advice Bureau.

10.3 We do not guarantee that Our Website will be compatible with Your PC, and We accept no liability for any corruption or loss of data held on Your PC, or any liability for any other loss or damage of any kind caused to Your PC resulting from the use of Our Website.

11. General

11.1 No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or other provision.

11.2 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

11.3 We shall have no liability to You for any delay in performance to the extent that such delay is due to any event outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. If We are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.

11.4 All third party rights are excluded and no third party shall have any right to enforce this Agreement.

11.5 The laws of England and Wales shall govern the contract between Us and any dispute between Us will be resolved exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract.

13. Gift Vouchers

13.1 Gift vouchers cannot be used online but can be redeemed at Homeleigh Garden Centre, PL15 9SP.

13.2 It can be used as full or part payment of goods. Any balance may be applied to future purchases. Any balance may be applied towards goods of a higher value than the balance on the gift card on payment of the difference.

13.3 It cannot be exchanged for cash, used to pay for vouchers or services.

13.4 It cannot be used in concession outlets within Homeleigh Garden Centre.

13.5 If any product purchased with a gift voucher is subsequently exchanged for a product of a lower price or a refund, any money owing will be added to new voucher.

13.6 If you do not spend the entire balance on the voucher the remaining balance will be updated after each transaction.

13.7 Vouchers can be activated with a minimum of £5 and a maximum value limit of £500.

13.8 Our Gift Vouchers do not currently have an expiry date.

13.9 Please treat vouchers as cash, Homeleigh Garden Centre will not accept any liability for lost, stolen or damaged vouchers. If your voucher is lost, stolen or damaged you may lose any value which is on the voucher.

13.10 This voucher is not a credit, charge or cheque guarantee card. It has no value until paid for and used at Homeleigh Garden Centre. Gift vouchers cannot be returned or refunded except in accordance with your legal rights.

13.11 Homeleigh Garden Centre reserves the right to amend or waive any provisions of the terms and conditions of the gift voucher at any time and to take appropriate action, including the cancellation of the voucher if it is deemed necessary. This does not affect your legal rights.

13.12 This gift voucher is issued by and remains the property of Homeleigh Garden Centre. This gift voucher is intended for personal use and, as such, you are not entitled to sell, distribute or otherwise make any commercial use out of this voucher. For the avoidance of doubt, this shall not prevent you from gifting this gift voucher provided that this is not connected to any commercial activity.

13.13 Your continued use of this gift voucher shall constitute your acceptance of these terms and conditions.

13.14 These terms and conditions are governed by English law.

13.15 It is Your responsibility to order gift vouchers in a reasonable time if it is intended to be delivered before a certain date. Allow for any public holidays, delays and weekends in this time frame. This also applies to any products purchased on Our website that are intended to be used as gifts.

For orders received before 12 noon, we will aim to dispatch on the same day or by the next working day (Monday-Thursday).

14. Our Details

14.1 All contracts for the sale of Goods are placed with Homeleigh Garden Centre Ltd.

14.2 Our registered office address is:

Homeleigh Garden Centre Ltd

Dutson

Launceston

Cornwall

PL15 9SP

Company number: 04622982

VAT Registration Number: 291 3609 52

If you are unhappy with any aspects of the service and/or Goods that we have provided to you or have any comments regarding the service, please contact us by writing to the above address or emailing us at customerservices@homeleighonline.co.uk or telephoning us on 01566 773147. We will endeavour to respond promptly to all communications.