These terms and conditions do not affect your statutory rights as a consumer. The consumers statutory rights are not excluded or limited in any way in accordance with the Sale of Goods Act 1979 (as amended).
These terms and conditions may be changed at any time and will be posted online. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website i.e. certain product warranties.
2.0: ORDERING FROM US
You are deemed to have placed an order with us by ordering via our online checkout process or via telephone ordering system. As part of our checkout process you will be given the opportunity to check your order and to correct any errors prior to confirming the order. Once completed, we will send you an order acknowledgement detailing the products you have ordered and the pricing to the e-mail address provided during the ordering process. The order is only accepted by The Internet Gardener Ltd upon dispatch of the ordered goods and confirmed via a dispatch confirmation e-mail even if your payment has been processed immediately. Payment for goods dispatched over 21 days following order will be taken 7 days prior to dispatch i.e. Garden Buildings can take up to 28 days for delivery and so payment may be taken from the 14th day. We will notify you by phone or e-mail if we cannot accept your order or if you cancel the order prior to dispatch.
2.1: We may refuse to accept an order:
a) Where goods are not available
b) Where we cannot obtain authorization for your payment
c) If there has been a pricing or description error
d) If you do not meet any eligibility criteria set out in our terms and conditions
3.1: Where we charge separately for shipping, the appropriate rates are set out in out pricing structure shown under the Customer Services tab on the homepage
3.2: Should an incorrect price be displayed, The Internet Gardener Ltd reserves the right to refuse orders as set out in ‘Ordering From Us’ (above).
3.3: All prices quoted by the Company are only valid at the time of contract and are exclusive of any other matters unless otherwise agreed and may be changed at any time.
3.4: The Company reserves the right to revise the quoted price in the event of unforeseen and extraordinary expenses for the Company appertaining the goods
3.5: VAT -
All prices stated include VAT at the applicable rate. For orders made outside of the UK all orders will be charged including the applicable UK rate of VAT. Any UK VAT paid can then be claimed back through your home country
3.6: Pro-Forma Invoices are valid for 30 days from the date stated on the invoice. And if cost prices change, that invoice may become void
4.1: Delivery is deemed to be successful once the products have arrived at the address provided for delivery.
4.2: Signatures are not necessarily required as proof of delivery however machinery and furniture orders will require a signature due to the high value of the goods.
4.3: If a signature is required you should check the number of cartons and state of the inspecting the contents of the goods before signing. Should there be any shortages or damages, these must be notified to The Internet Gardener Ltd by e-mail – email@example.com within 5 days of delivery.
4.4: Other products may be left at the recipients address without a signature except where the customer has specified that it must not be left in their absence. If this option is requested, and goods are left unsupervised The Internet Gardener Ltd will not accept liability for the goods.
4.5: Once delivered the responsibility for the product is deemed to be the cardholder’s and any loss or damage to the product is then at your own risk. This is particularly notable when deliveries are made to public/work places such as hospitals, hotels etc where the signature of any authorized body is deemed to be proof of delivery
4.6: The Free delivery (on many products & over £50) offer is available to the vast majority of the UK (exceptions may apply for delivery to the Scottish Highlands, UK islands and Northern Ireland) however if a delivery will attract an additional shipping fee then we will contact you first in order to confirm that you still wish to continue the order. Any additional fees due will be charged at cost.
4.7: The company will not accept any liability for late delivery of the goods and delivery time will not be of the essence of the contract.
4.8: The Company will not accept liability for non-delivery, where this is caused by circumstances beyond its control.
4.9: In the case of a delivery being refused or aborted at the delivery address, we reserve the right to charge for a second delivery as our delivery obligation only stands for the first delivery attempt.
4.10: Garden furniture & garden structures with failed deliveries will be quoted for re-delivery and will usually be around £45. A delivery date will be booked in to allow time to accept the delivery.
4.11: Please note, all garden furniture deliveries are kerbside only unless otherwise stated and it is at the discretion of the driver as to whether they will carry/move the set around the house to the back. Transporting furniture sets to the rear of the house will not be the essence of the contract. Following on from this, certain products are delivered on a free pallet with packing to protect. It is the customers responsibility to dispose of this 'packaging' and not that of The Internet Gardener Ltd
5.0: CANCELLATION, RETURNS POLICY
We aim to offer a no hassle returns policy however our cancellation and return policy varies slightly between our many varied product ranges as set out below:
5.1: General Cancellation and Returns Information:
These general terms and conditions apply to all purchases from The Internet Gardener Ltd unless specifically expressed in the prodct specific return as laid out below
5.1: If you wish to cancel your order please e-mail your details and order reference to firstname.lastname@example.org or call 08450 941707. Any order cancellation must be made in writing prior to dispatch and once dispatched the returns policy is as set out below in for the various product categories.
5.2: So as to comply with the UK Distance Selling Regulations, all orders (except custom made products i.e. Haddonstone products & Certain Wooden Structures) have a ‘Seven Day Cooling Off Period’. The cardholder is liable to all return shipping costs under this right, please contact our team for advice if you wish to exercise this right.
5.3: Unless confirmed in writing from The Internet Gardener Ltd, all orders must be paid for before delivery. In the event of a custom made item being ordered, this must be paid for in full prior to delivery. Samples may be requested and will be provided at the discretion of The Internet Gardener Ltd. Any shortage of payment will result in the products not being dispatched and The Internet Gardener Ltd reserves the right to charge associated costs incurred in time, carriage (including aborted deliveries), and for the custom made product ordered.
5.4: In addition, all returned / exchanged products (including the boxes) must be in their ORIGINAL CONDITION i.e. NOT WORN, ALTERED or WASHED, and they must be in their ORIGINAL PACKAGING. N.B. - DO NOT TAPE UP, OR WRITE ON BOXES. They must also be suitably packaged. Customers are advised to obtain and complete a 'certificate of postage' form stamped by the Royal Mail before returning item. Responsibility of the goods remains that of the customer until safely received by The Internet Gardener Ltd and The Internet Gardener Ltd accepts no liabilty for goods lost in transit back to our warehouse.
5.5: Any item that arrives damaged will be collected and replaced within a reasonable period of time (we strive for 48hr delivery and replacement for many items). All damages / defects must be reported within 48 hours from the date of delivery
5.5: PRODUCT SPECIFIC RETURN INFORMATION
5.6: Garden wear / Wellingtons etc:
5.7: If when you receive your garden boots you decide for any reason that you don't want them (or if they are the wrong size) you can return them for a refund or exchange them for another pair.
5.8: The original customer / cardholder will be liable for return postage of the product to The Internet Gardener Ltd and in the case of exchange of product style/size being requested by the customer, customer is liable for the additional postage costs of £3.95 per pair of boots.
5.9: If a customer returns a product without requesting a replacement, then a refund of the cost of the product will be made back to the customer’s account minus £3.95 administration and re-stocking fee
To return a pair of wellington boots please simply contact the sales team as listed above who will assist you in the returns process.
5.10: Garden Tools and Machinery:
If you wish to return an item of machinery it must be in Re-saleable condition and unused. If an item of machinery is purchased wrong or the customer / cardholder simply wishes to exercise their 7 day return policy the original card used for payment will be credited with the full amount, minus an administration fee which will be charged at cost by the warehouse. Administration fee’s for item’s over a retail value of £199 will be upon quotation. For smaller items the customer can return the item themselves and the re-stocking fee of £5 will be debited from the original amount to be refunded.
5.11: Furniture and garden structures
Any returns of garden furniture or garden structures due to defects or damages must be notified within 5 days from delivery. The damaged items will be replaced within a reasonable period of time and at no cost to the customer. We may however require photographic evidence of the damage / defect before any replacement / collection can be instigated.
If a customer wishes to exercise their right to return the product under our 7 day return procedure, the return carriage can be arranged by The Internet Gardener Ltd, the cost of which will be debited from the original amount paid prior to any refund and will be quoted at cost.
All returned garden furniture items must be suitably packaged in their original packaging and if delivered on a pallet, must be collected on the same size pallet.
5.12: Fires, BBQs & Braziers
Please contact our team who will assist in these procedures
Due to the vast range of products The Internet Gardener Ltd supplies there are varying warranties applied to different product ranges as set out below, and in all cases we reserve the right to request photo's accurately detailing the problem if deemed appropriate by The Internet Gardener Ltd:
6.1: All warranties and assistance provided by The Internet Gardener Ltd is done so in addition to your statutory rights.
6.2: The Internet Gardener Ltd supplies a wide range of high quality garden & Leisure machinery products, many of which are of established brands. Each individual manufacturer provides their own warranty for the individual products and details of these can be found either within the product descriptions, from the manufacturer directly or with the delivered products. During the warranty period of a product, should your product develop any problems you are entitled to have the said products inspected by the manufacturers agent. Before we are able to rectify problems we reserve the right to request a photo of the problem to verify the problem in hand - mainly to ensure correct parts are shipped. In order to inspect the product under warranty you may be required to take the said product to your nearest manufacturers agent. Any fault deemed by the agent to the under warranty will be rectified by the manufacturing agent.
6.3: Works undertaken during this warranty / guarantee period are not necessarily free of charge and will be subject to the following limitations:
a) If the problem is deemed by the manufacturer’s agent to be due to wear and tear or misuse (including commercial use of a domestic product) rather than a manufacturing fault, then charges may be made for rectification. Should there be any claim against this from the customer in this regard then their issue should be taken up with the manufacturer directly and not The Internet Gardener.
b) Many products come with a warranty registration card upon delivery, This must be completed and registered with the manufacturer for any warranty to be valid.
c) Should the manufacturers agent conclude that the repair is the customers responsibility, the customer will in no way hold The Internet Gardener Ltd responsible. Where a customer has a guarantee / warranty issue we will endeavour to assist wherever practically possible.
6.4: Product Specific additional Warranty Details:
6.4a: Machinery and Tools:
Where an item of machinery is deemed to have the warranty void in any way or a fault is deemed by the manufacturers agent, The Internet Gardener Ltd reserve the right to charge the original cardholder at cost for any inspection costs incurred by ourselves.
6.4b: Garden wear / Wellingtons etc:
- Our product guarantee period is six months from the date of purchase. Proof of purchase must be provided and warranty does not cover goods used inappropriately or through extreme weather conditions.
- The Internet Gardener Ltd must be allowed the opportunity to view the goods and alleged fault by photographic evidence or returning the product, as appropriate.
- The Internet Gardener Ltd accepts no responsibility or liability for products damaged in adverse weather conditions including windy weather.
- Occasionally boots may contain blemishes in pattern print which occurs during manufacture. This will not affect the overall performance or quality of the item and does not constitute a defective product and therefore will not entitle the purchaser to a refund.
6.4c: Garden Furniture Cushions
- All cushions for garden furniture sets should be stored indoors when not in use unless expressly specified that the cushions themselves can be left outside. Even when covers are used to protect garden furniture the cushions must still be stored indoors.
You are permitted to print and download extracts from this Website for your own use on the following basis:
a) No documents or related graphics on this Website are modified in any way;
b) No graphics on this Website are used separately from accompanying text.
7.1: Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with that stated above for any purpose is prohibited.If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
8.0: SERVICE ACCESS
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
9.0: LINKS TO AND FROM OTHER WEBSITES
Links to and from this website are provided solely for your convenience. If you use these links, you leave this website and so The Internet Gardener Ltd accepts no responsibility. We have not reviewed all of these third part websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, this Website, and subject to the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of the http://www.internetgardener.co.uk/ logo
(b) You do not create a frame or any other browser or border environment around this Website
(c) You do not in any way imply that we are endorsing any products or services
(d) You do not misrepresent your relationship with us nor present any other false information about us
(e) You do not otherwise use any www.internetgardener.co.uk trade marks displayed on this Website without our express written permission
(f) You do not link from a website that is not owned by you
(g) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any otherperson or otherwise does not comply with all applicable laws and regulations.
9.1: We expressly reserve the right to revoke the right granted in this clause for breach of these terms and to take any action we deem appropriate. You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of this link liability clause.
To register with www.internetgardener.co.uk you must be over eighteen years of age. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
With regards to the use of products obtained via our site www.internetgardener.co.uk all products should be used and operated as specified in the accompanying instructions and advice. Always ensure users of machinery are competent and using the appropriate safety / protective clothing i.e. chainsaws should be used with the appropriate cut stop trousers, gloves, boots and include eye protection etc
When purchasing the outdoor toys i.e. trampolines, we advise using the accompanying safety nets etc. whilst under adult supervision at all times.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers,directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data,contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. In addition, any assistance given to the delivery driver i.e. helping lift items off the lorry, is done so at the customers discression The internet Gardener Ltd accepts no responsibility for any injury sustained.
12.1: Nothing in these terms and conditions shall exclude or limit our liability for
(i) Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977)
(iii) Misrepresentation as to a fundamental matter
(iv) Any liability which cannot be excluded or limited under applicable law.
12.2: If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
13.0: GOVERNING LAW AND JURISDICTION
13.1: These terms and conditions shall be governed by and construed in accordance with the lawns of England and Wales. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
13.2: We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found byany court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have fullforce and effect.Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.