Terms and Conditions
Please read the following carefully. By submitting an order, you are accepting the Terms and Conditions of the Garden and Leisure Online website.
Please Note - Terms and Condtions last updated on 05/07/11.
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. This acknowledgement is not notification that we have accepted your order. The order is only accepted by Garden and Leisure Online upon dispatch of the ordered goods and confirmed via a dispatch confirmation e-mail even if your payment has been processed immediately. We will notify you by phone or e-mail if we cannot accept your order.
We may refuse to accept an order:
a) Where goods are not available
b) Where we cannot obtain authorisation 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
Descriptions, Prices and Information
When adding products to the website, we take care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on www.gardenandleisureonline.co.uk or by our Customer Service telephone staff. If there is anything which you do not understand, or if you wish to obtain further information, please contact Customer Services on 01263 710628.
The price offered in respect of an item on the Garden and Leisure Online website may differ from the price offered at the same time in our store. We are under no obligation to honour any in-store price or promotion in the event that it differs from those on the Garden and Leisure Online website.
If, by mistake, we have under priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to proceed with the order. If you decide not to order the item, we will give you a full refund on any amount already paid for that item in accordance with our refund policy.
In the same way you don’t have to buy goods from anyone, a retailer is under no obligation to sell you anything. Under law, a retailer is entitled to decide the price he wants to charge for his goods. Visit http://www.tradingstandards.gov.uk/advice/consumer-advice.cfm for more information from Trading Standards.
VAT
All prices are expressed inclusive of any VAT payable unless otherwise stated.
Flatpack
Unless otherwise stated, most of our garden furniture, structures and barbecues are delivered in easy to assemble flat-packed form, with clear instructions. If you require pre-assembly please contact us on 01263 710628 and we will endeavour to offer assistance. Customers should be aware that pre-assembly of goods can and will incur further charges and longer order processing and delivery times.
Remittance Terms
Please note that for administrative reasons, we cannot take deposits or hold goods without payment in full. Your credit/debit card is charged in full at the time of despatch.
Stock Availability
We try to ensure that we always carry sufficient stock levels where possible. Where a product is despatched directly from a manufacturer, we may need to contact them first to confirm availability. If an item is knowingly out of stock it will be labelled as such on the Garden and Leisure Online website. If for any other reason beyond our reasonable control we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item.
Payment
Payment can be made by any of the options advertised on our website. Payment shall be due before delivery. If payment fails your order will be cancelled.
Please be aware that if you are using PayPal as your payment method we reserve the right to not ship to unconfirmed addresses.
There will be no delivery until cleared funds have been received.
We operate a flat postage fee of £4.99 per order up to orders of £75. After £75 order are subject to free postage. (NB - Some larger/awkward items or orders to remote locations may be subject to a surchage. If this is the case you will be contacted before we process your order to see if you wish to go ahead.
Orders placed after Thursday PM, during the weekend or on a Bank Holiday will be subject to a slight delay as couriers do not operate a standard service during these periods. Once an order is placed, and an item has been dispatched, you will receive a Dispatch email. This will give you your delivery tracking number (where applicable).
Delivery to Mainland UK
Delivery will be via Royal Mail or a private courier service. This is dictated by the total weight of your order. We aim to ship all orders within 48 hours. Please allow up to 3-5 working days for delivery.
Delivery to UK Highlands and Islands
Please note due to changes in our delivery service, an additional charge may be levied for items being delivered to remote destinations. This includes the Scottish Highlands and Islands, Northern Ireland and the Isle of Man. If there is a surchage we will contact you to see if you wish to go ahead with your purchase before with process it.
General Delivery Terms
Delivery is deemed to be successful once the products have arrived at the address provided for delivery.
Signatures are not necessarily required as proof of delivery however some items - barbecues, machinery and furniture orders, for example - will require a signature due to the high value of the goods.
If a signature is required you should check the number of cartons and state of the inspecting the contents of the goods before signing. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
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. You can make delivery specific comments when ordering. If this option is requested, and goods are left unsupervised Garden and Leisure Online will not accept liability for the goods.
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 authorised body is deemed to be proof of delivery.
The Free delivery (over a certain price tier) 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.
Garden and Leisure Online will not accept any liability for late delivery of the goods and delivery time will not be of the essence of the contract.
Garden and Leisure Online will not accept liability for non-delivery, where this is caused by circumstances beyond its control.
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 FREE DELIVERY obligation only stands for the first delivery attempt.
Garden furniture & larger/heavier items will be quoted for redelivery. A delivery date will be booked in to allow time to accept the delivery.
Please note, all courier deliveries are kerbside only unless otherwise stated and it is at the discretion of the driver as to whether they will carry the package(s) around the house to the back. Transporting items to the rear of the house will not be the essence of the contract.
Some products are delivered on a pallet with packing to protect. It is the customers responsibility to dispose of this packaging and not that of Garden and Leisure Online.
In addition, any assistance given to the delivery driver i.e. helping lift items off the lorry, is done so at the customers discretion. Garden and Leisure Online accepts no responsibility for any injury sustained.
Back Orders
If your item is not in stock, we may be able to backorder it for you. Please call our Customer Services for more information.
Order cancellation
Should you wish to cancel an order, please call us immediately.
Any order cancellation must take place prior to dispatch. If an order has already been dispatched in good faith and cancellation will be classified as a return and falls under the conditions of our Returns Policy.
Should you wish to cancel your contract after the goods have been delivered to you, you will be responsible for returning the goods to Garden and Leisure Online at your own cost unless the goods are faulty or mis-described.
Refund Policy
Should a situation arise where a refund is required, an investigation may be carried out and a refund will be issued as soon as possible. This does not affect your Statutory Rights.
If you are eligible for a refund, we will refund you back to the payment method you used when you originally paid for your order. Please note: It is your responsibility to notify us of any changes to your card details i.e. you no longer have that account.
Refunds can take up to 28 days to process.
Once a refund has been processed, please allow 3-5 days for funds to show in your relevant account.
Returns
When enquiring about a return, please have full order details ready. When completing the Returns Form, please ensure this is completed fully and correctly to ensure your refund or exchange is processed quickly.
Distance Selling Regulations
So as to comply with the UK Distance Selling Regulations, all orders (except custom made products) 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.
Unwanted items
If you wish to return any unwanted items that have already been dispatched, you must do this within 30 days of receiving the goods. You will be required to pay any return postage costs. The goods must be received in original condition with original packaging, and fit for resale.
Faulty items
If you have a fault with an item, please contact Customer Services and we will assist you in obtaining a refund or replacement.
If you receive goods that are faulty or incomplete on arrival you must notify us within 28 days of receipt of the item.
If the goods are less than 28 days old you have the option of a refund or direct replacement.
If the goods are over 28 days old we will test the product for the fault. If the faulty is verified we will:
Replace with the same item
If we are unable to replace we will issue a refund in line with our refund policy.
Exchanges
If you wish to exchange any unwanted items, you must do this within 30 days of receiving the goods. You will be required to pay any return postage costs. The goods must be received in original condition with original packaging, and fit for resale. Any additional charge or refund will be processed at point of despatch.
Incorrect items
On some occasions, an incorrect item may be dispatched. Should this happen, please contact us immediately to arrange for a free returns label for small items, or courier collection for larger items. We will then arrange dispatch of the correct item.
This does not effect your statutory rights as a consumer.
Extra Items Delivered
If, by mistake we supply you with extra items you must notify us immediately and we will issue return instructions at no cost to yourself.
If you do not adhere to this procedure and are found to be in possession of goods that you have not paid for, you will be charged for the goods.
Privacy Policy
Please see our Privacy Policy for full details.
Data Protection
Garden and Leisure Online will take all reasonable precautions to keep the details of your order and payment secure but unless Garden and Leisure Online is negligent, we will not be liable for unauthorised access to information supplied by you.
Images
Product images are for illustrative purposes only and may differ from the actual product.
Registration
To register with www.gardenandleisureonline.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.
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 Garden and Leisure Online accepts no responsibility. We have not reviewed all of these third party 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.
Disclaimer
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.
With regard to the use of products obtained by way of our site www.gardenandleisureonline.co.uk all products should be used and operated as specified in the accompanying instructions and advice. Always ensure users of tools and machinery are competent and using the appropriate safety / protective clothing. When using chemical based products, always use according to the advice and instruction on the packaging.
Liability
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.
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)
(ii) Fraud
(iii) Misrepresentation as to a fundamental matter
(iv) Any liability which cannot be excluded or limited under applicable law.
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.
Force Majeure
Garden and Leisure Online will not be liable to the consumer for any loss or damage suffered by the consumer as a direct result of the Garden and Leisure Online, its subcontractors or the list-owner from whom the sample or other service or material is derived being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.
Governing Law and Jurisdiction
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.
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.
Miscellaneous
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 by any 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 full force and effect.Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
Garden and Leisure Online and the website www.gardenandleisureonline.co.uk are owned and operated by:
Emcy Garden & Leisure Ltd
Weybourne Road,
Kelling,
Holt,
Norfolk,
NR25 7ER
United Kingdom
T: 01263 711574
F: 01263 713126
E: emcy@emcy.co.uk
VAT No: 751 0908 45
Company registered in England and Wales. Company number: 4050910
Registered Office: Turnpike House, 1208-1210 London Road, Leigh-on-Sea, Essex.
