These terms describe the basis for purchase by you and sale by us of the products described on this web site.

Definitions and interpretation

In these terms the following words have the following meanings.

Contract

 

 

Delivery Area

 

 

Goods

 

 

The Web Site

 

Our presence on the world wide web, currently accessible via the address www.giftsandgardens.co.uk

 

The Seller, we, or us

 

Mr M W E Talbot T/A Gifts and Gardens

1. An agreement for us to sell you Goods is made on these terms when we accept an order made by you via our Web Site. The description of the Goods and the price are set out in the order page. We will confirm acceptance of your order.

1. The quantity, quality and description of the Goods will be those set out in your order (if accepted by us).
2. Orders are accepted at our sole discretion but are normally accepted provided the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your credit or account card is authorised for the transaction.
3. The Goods which can be ordered via our Web Site are only available for delivery to you at a carriage inclusive price for delivery within our Delivery Area.
4. Orders placed for delivery outside our Delivery area will be subject to a surcharge based on the cost of shipping the Goods to the final destination.

1. If the price of the Goods increases between the date we accept your order and the delivery date, we will honour the price at which we accept your order.

1. We will charge your credit card account for payment upon receipt of order. We accept no liability if a delivery is delayed because you did not provide us with the correct payment details.
2. If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we will cancel the Contract or suspend any further deliveries to you. This does not affect any other rights we may have.
3. We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to our negligence.

1. We will deliver the Goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.
2. We will aim to deliver the Goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

1. Risk of damage to or loss of the Goods passes to you at the moment of delivery or, if you fail to take delivery at the agreed time, the time when we tried to deliver.
2. Full ownership of the Goods will pass to you at the time of successful delivery provided we have received cleared payment in full. Goods supplied are not for resale.

Warranties

Liability

1. We accept unlimited liability for death or personal injury caused by our negligence.

2.  

3. If you have a valid claim in respect of any of Goods which is based on any defect in their quality or condition or their failure to meet specification in accordance with the Contract, and you have returned the Goods within a reasonable time, you will be entitled to choose either a refund of the price of the Goods or replacement Goods free of charge.

4. We shall not be liable to you in connection with any contract, in tort (including negligence), contract or otherwise for any loss of profit, anticipated savings or data that your business may suffer. We shall, however, be liable for losses that you suffer as a result of our breach of contract and that could have been contemplated by both you and us at the time the contract is concluded.
5. These terms and conditions do not affect your statutory rights as a consumer.
6. We will continually improve the Goods, so changes to them may be made at any time. We will use reasonable commercial endeavours to keep the Web Site up to date but the information and specifications given are for your information only and are subject to change without notice. Pictures on the Web Site are generally accurate but variations in colour, shape and size must be expected.
7. The content of the Web Site is directed solely at those who access the site from addresses within the Delivery Area.
8. We assume no responsibility for the contents of any other web sites to which this Web Site has links.

Copyright

1. All of the written, photographic,  and design of the Web Site together with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such. All rights reserved.

2. None of this material may be used without our written permission.

3. All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trade mark is unlawful.

Force majeure

We will not be liable to you or in breach of the Contract for delay or failure to perform due to a cause beyond our reasonable control.

Changes

Complaints

1. If you wish to complain about any aspect of our service, please email us at giftsandgardens@aol.com

General

1. Emails to you will be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and tell us of any changes to it.
2. If either we or you fail to enforce a right under these terms, that failure will not stop us or you from enforcing the other rights, or the same type of right on a later occasion.
3. To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
4. The headings in these terms are for convenience only and will not affect their interpretation.                                                          

Governing law and jurisdiction

1. These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.