TERMS AND CONDITIONS of Gardens123

www.gardens123.co.uk and www.gardens123.com is the latest way to achieve professional but affordable designer gardens and urban spaces.

www.gardens123.co.uk and www.gardens123.com has made every effort to display and explain the Gardens123 services and information as accurately as possible however if You choose to complete the designs yourself and because plants, products, soil types and external conditions vary final designs and results may vary.

IMPORTANT NOTICE

Whether you are a Customer, prospective Customer or visitor (in so far as the context allows) to this Web Site by placing any order, subscribing to services, accessing or using any part of the web site you agree to be bound by the following conditions of use for this Web Site and you agree to and accept these terms of business as set out here which apply to all pages of and www.gardens123.co.uk and www.gardens123.com Gardens123 requests that you read these terms and conditions prior to using this website.

The Gardens123 website is provided by Gardens123 on an ‘as is’ and ‘when available’ basis to its users. If you do not wish to be bound by these conditions, you must not access or use the Gardens123 website.

1. DEFINITIONS

1.1 “the Web Site” means the web sites known as www.gardens123.co.uk and www.gardens123.com

1.2 “the Company”, “we” and “us” shall mean Paula Revill trading as www.gardens123.co.uk and www.gardens123.com

1.3 “You” means the person, firm, company or other organisation who places an order for Services or Goods with the Company.

1.4 “the Services” means all or any Services and Goods ordered by You from the Web Site.

2 ORDERING

2.1 You confirm that you are over 18 years old.

2.2 You may order Services from the Web Site by submitting a completed order form or by following such other steps as directed by the Web Site.

2.3 Please note that all Services are subject to availability.

2.4 Gardens123 items ordered should reach you within a few days. However, on rare occasions due to stock levels being low or incorrect we will contact you to discuss your order, alternatively please allow 28 days for delivery.

2.5 The Company will confirm acceptance of Your order by e-mail to the e-mail address You supply and the sending of this e-mail, whether or not the same is received by You, is confirmation of the details of the order and of the contract between Us. It is therefore vital that You give Us the correct e mail address and ensure that your e mail is in full working order.

2.6 The Company shall not be liable for any problems caused by You supplying faulty information or due to Your failure to make any particular specification.

2.7 No statements made in these terms or on this Web Site shall be deemed to affect the statutory rights of a consumer which cannot be restricted or excluded currently under the law.

2.8 Every effort is made to ensure that the information featured on the website is correct, in the case of errors being made Gardens123 will endeavor to remedy, replace or refund Services as quickly as possible from the time of being made aware of the situation, we will not be held liable or responsible for any losses as set out in the limitations of liability section of these terms.

2.9 It is the responsibility of the customer to notify Gardens123 if there are any delivery problems or defects with Services or products ordered.

2.10 All products and services and postage and packaging must be paid for in full prior to the dispatch of products and Services ordered unless agreed in writing. Once an order has been placed, processed it may not be cancelled without due cause.

3 PRICE AND PAYMENT TERMS

3.1 The Price of the Services and products shall be the price quoted on the Web Site at the time Your order is accepted. We try to ensure that all details including prices are displayed accurately and are up to date. Obviously prices may vary from time to time so please make sure You check all the relevant details before You place an order with Us as prices may have altered since You last visited Our site.

3.2 The Price of the Services shall be inclusive of VAT.

3.3 Payment for Services shall be made at the time Your order is accepted by Us and shall be via cheques made payable to Gardens123 and all customers details remain secure throughout the transaction process. No cardholder information is ever passed on.

3.4 In the event You are entitled to a refund such refund will usually be by means of cheque if that is the method of payment used.

3.5 These terms of sale are subject to change without notice and are correct at time of writing.

4. DELIVERY

4.1 The Company shall arrange delivery of the products and/or Services ordered by You via the method and to the address specified by You in the order form.

4.2 Orders will be dealt with as soon as the same are accepted and we aim to dispatch all orders within 10 working days for UK customers and 20 working days for overseas customers but please allow at least 28 days for delivery.

4.3 If for any circumstances beyond our control we are unable to supply an item it will be marked as “currently not available”. You may still place an order but it will only be dispatched once the item is again available. We reserve the right to withdraw any products from sale at any time. If you wish to check availability please call 0161 881 9855. If Your order cannot be fulfilled You can either have a credit note or a full refund.

4.4 In the event You fail to take delivery of the products and/or Services ordered or fail to supply adequate instructions to facilitate delivery of products and Services, the Company reserves the right to cancel Your order and to retain the products or Services ordered. In these circumstances the Company shall refund You the price paid for the products or Services the Company is unable to deliver but is entitled to retain all charges made for delivery or attempted delivery.

4.5 In the event there is a problem or alleged problem with Services ordered or delivered You agree to notify the Company within seven (7) working days of delivery in connection with any problem with Services or within thirty (30) days of placement of Your order in the event of non-delivery of products or Services.

5. RETURNS

5.1 As You are buying products and Services over the internet You may have rights under the Distance Selling Regulations which currently give you the legal right to cancel Your order within seven (7) working days of receiving the products ordered. Please note that these regulations do NOT APPLY to certain items including but not limited to ANY BESPOKE ORDERS OR DIGITAL DOWNLOADS.

5.2 If You do have a right of cancellation You may cancel an order by notifying Us in writing no later than seven (7) days following Your receipt of the Services provided You return the products/Services to Us undamaged and unused in their original packaging with all associated labels and tags and in a saleable condition and We will, if required, refund the cost of return postage.

5.3 We reserve the right to refuse to accept returns of items which are soiled or damaged.

5.4 The notification of cancellation must state Your order number and details and please give reasons for cancellation for monitoring and feedback purposes.

5.5 Provided You comply with these terms We shall provide You with a refund for cancelled Services within thirty (30) days of our receipt of the returned cancelled Services.

5.6 Other than as stated in these terms Services may not be returned for any reason other than due to any breach of the consumer laws from time to time in force under which you may be entitled to a remedy e.g. the Services are not what You ordered or the Services are faulty or not of satisfactory quality within the meaning of the Sale and Supply of Services Act 1994. In the unlikely event the item that you have ordered is unsuitable or faulty please inform Gardens123 within 24 hours at enquiries@gardens123.co.uk and www.gardens123.co.uk detailing your order number, item description, name and address and reason for returning.

5.7 We strongly recommend that you obtain proof of posting and return by registered/recorded delivery when returning items, as Gardens123 cannot be held responsible for any products that are lost in transit for which you have no proof of registered/recorded posting. All decisions made by Gardens123 are final. This does not affect you statutory rights.

6.COPYRIGHT AND TRADE MARKS

6.1 As www.gardens123.co.uk and www.gardens123.com and “Gardens123” are the registered trading names and trade marks of the Company and may not be used by any other party without Our prior written consent.

6.2 All visual elements, screen layouts and material displayed on the Web Site is copyright to as www.gardens123.co.uk and www.gardens123.com unless otherwise specified e.g. reports or extracts from journals/articles or is copyright to our technology or content providers. All designs, artwork and copy shall remain the property of Gardens123 or their relevant owner unless agreement under contract has been made to purchase or use of the designs under license.

6.3 You may view, print or download the contents of the Web Site for personal use but for no other purposes including but not limited to commercial use or re-publication.

6.4 No materials from or belonging to Gardens123 website or content within, may be changed, adapted, copied, reproduced, republished, downloaded, uploaded, transmitted, posted, stored or distributed in any way. We wish to make it abundantly clear that it is expressly prohibited without limitation, to use the service or its content for any purpose that is likely to bring Gardens123 or any of its directors, employees, sponsors, clients or associates into disrepute.

7. DISCLAIMER

7.1 We have used all reasonable endeavors ensuring the accuracy of information on the Web Site but provide no warranty or guarantee in respect of the information.

7.2 We make no representations as to the adequacy or appropriateness of the Services for Your Purpose.

7.3 Gardens123 reserves the right, at its discretion, from time to time to make changes to the information provided on the Gardens123 website. You are therefore, advised to check the information provided to you on the Gardens123 website regularly. Any reliance that you place on the accuracy of that information is at your own risk; we do not under any circumstances guarantee the accuracy of any of the information or links provided on the site.

7.4 We will not be liable under any circumstances whatsoever for any consequential, direct, indirect punitive, or special damages arising from the use of the service or whilst being transferred to any other external site or via links of any kind.

7.5 All users of Gardens123 do so at their your own risk and take full responsibility for any consequences which may arise from accessing and using the website, responding to or using the services of the advertisers links that maybe found on the website.

7.6 Gardens123 expressly disclaims and shall not be liable for all or any warranties, expressed or implied by any advertiser featured or listed by Gardens123 relating to any products or services, including in particular, any warranties of satisfactory quality or fitness for a particular purpose.

7.7 Under no circumstances will Gardens123 or any of its directors, employees, agents, shareholders, direct associates, sponsors or any other party involved in the advertising, maintenance, distribution or sale of Gardens123 Services be liable for any direct, indirect or consequential damages, or incidental damage, including but not limited to, loss of business, goodwill, profits, savings or anticipated savings or any other intangible losses whatsoever that result from any of the following:

7.7.1 Gardens123 will not guarantee or be liable for any information, data or materials whatsoever which are downloaded or transmitted over the internet. We are unable to ensure the security of any information transmitted over the internet and attempts to do so are carried out at your own risk. Gardens123 and its associates shall not be held responsible in any way, or be liable for any damages or injury that may transpire as a result of such actions.

7.7.2 Errors, omissions, mistakes, interruptions, deletion of e-mail or files, suspension, delays in operation transmission or service response time, termination, defects, viruses or any failure of performance with and in respect to Gardens123 including, without limitation those arising from communications failure, destruction due to unauthorised access of systems, programs and services, theft or acts of God.

7.8 Gardens123 and its associates undertake to ensure where reasonably possible that the information made available is accurate and correct.

7.9 We do not guarantee that the Gardens123 website will be uninterrupted or completely error-free; furthermore we cannot ensure or guarantee in any way that the Gardens123 website is free from viruses, harmful components or any interference by unauthorised users or hackers. It is the sole responsibility of the visitor or site user to protect his or her own systems against such situations.

8. TRADE DESCRIPTIONS

8.1 We reserve the right to correct any error appearing in any description of any Services or to withdraw such Services from sale on the Web Site without incurring any liability to You.

8.2 Any descriptions relating to any Services on the Web Site are only approximate and the Company may at any time with or without notice make any changes to such descriptions provided such changes do not materially affect the quality of such Services.

9. CONTACTING THE COMPANY AND CUSTOMER SERVICES

9.1 If you wish to contact Us for any reason please write to:- Gardens123, 248 Darley Avenue, Chorlton, Manchester M21 7HX

9.2 You may telephone Our Customer Services department on 0161 881 9855 between 10am and 4pm. If we are unable to answer your call please leave a message and we will return your call or email you as soon as possible.

9.3 You may email us at enquiries@gardens123.co.uk using Our online contact form. 9.4 For information and answers to frequently asked questions please click this link www.gardens123.co.uk/questions

10. PRIVACY AND CONFIDENTIALITY

10.1 The confidentiality of Customers is a top priority at www.gardens123.co.uk and www.gardens123.com and we comply with all aspects of the Data Protection Act 1984 and the new act of 1998. Under no circumstances will Your personal information be shared, sold or provided to third parties unless You agree to this.

10.2 You will be required to provide Your delivery address, payment information and email address (to receive email confirmations) but this information will not be used in any way other than as described herein.

10.3 Your information may be used to enable www.gardens123.co.uk and www.gardens123.com to respond to Your requests, improve our site and functionality and to communicate with You and to facilitate the processing of orders, accounts and enquiries or to deal with complaints and crime prevention and to help Us market Our Services to You from time to time. We may disclose Your information if We are required to do so by law. We reserve the right to contact you from time to time regarding any promotions we may be running or to discuss renewals, upgrades or any other marketing initiatives that we feel you may be interested in.

10.4 You may remove Yourself from any www.gardens123.co.uk and www.gardens123.com mailing list by sending an email to enquiries@gardens123.co.uk 10.5 Please ensure that the email address used to send this email matches the email address You wish to remove. If you have any problems in connection with this please telephone Customer Services on : 0161 881 9855

11. CUSTOMER CONTRIBUTIONS TO SITE

11.1 Where You are invited to submit any contribution to Our Web Site (including but not limited to any text, photographs, graphics, video or audio) you agree that by submitting your contribution, to grant Us a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect restrictions set out in Our Privacy Policy. If you do not want to grant Us the rights set out above, please do not submit your contribution to www.gardens123.co.uk and www.gardens123.com

11.2 Further to paragraph

11.1, by submitting your contribution to Us you warrant that your contribution:

11.2.1 is your own original work and that you have the right to make it available to Us for all the purposes specified above; 11.2.2 is not defamatory; and

11.2.3 does not infringe any laws or regulations; and

11.3 indemnify the Company against all costs, claims, legal fees, damages and other expenses that may be incurred by Us as a result of your breach of the above warranty; and

11.4 waive any moral rights in your contribution for the purposes of its submission to and publication on the Company’s Web Site and the purposes specified above.

12. GENERAL

12.1 Any rights of third parties under the Contracts (Rights of Third Parties) Act 1999 are hereby expressly agreed not to apply and any agreement made in connection with this site shall be strictly between You and the Company.

12.2 These terms shall be governed by the laws of England and Wales whose courts shall be the only courts of competent jurisdiction in the event of any dispute hereunder.

12.3 The Gardens123 website may be accessed from outside of the UK. Laws may differ outside of the English Jurisdiction, all visitors or users of this site from all countries, agree and acknowledge that by accessing this site they do so knowing that English Laws apply, whilst doing so visitors and users must respect, and are solely responsible for, complying with the local laws of their own territory.

Checked and Correct as of August 2009