THE GARDENERS CLUB: TERMS AND CONDITIONS FOR THE SALE OF GOODS TO MEMBERS

Registered Office: Castle House, 89 High Street, Berkhamsted, Hertfordshire, HP4 2DF
Tel: 01442 870 262 Fax: 01442 870 474 E-mail: admin@gardenersclub.co.uk

It is important that you, as a Gardeners Club member, read and agree to these terms and conditions before you buy any goods from our site. We want to ensure that our members receive a high level of service, and these terms will help you understand who is responsible for supplying the goods to you, and what your rights and obligations are.


General

1 When the Contract is formed

1.1 We must receive payment of the whole of the price for the goods that you order ("the Goods") before we can accept your order. Once payment (including VAT) has been received we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address that you put on your order form. When we send this e-mail to you a legally binding contract is formed between us (unless we are selling the Goods as agent; this is explained below in paragraph 4).

2 Refusal of orders

2.1 We will be entitled to refuse any order placed by you if we wish.

3 Your details

3.1 You undertake that all details you provide to us for the purpose of ordering the Goods will be correct and that the credit card you are using is your own and that there are sufficient funds or credit available to cover the cost of the Goods.

3.2 If there are any changes to the details supplied by you, you must inform us immediately of this change.

3.3 The Goods will be delivered to the address specified in your order.

3.4 Where we act as Agent (see paragraph 4 below) we may need to pass on your credit card and any other essential details to the Third Party Seller (see below). By placing an order with us you are consenting to us passing on those details.

4 Who is your Contract with?

4.1 In some cases, your contract will be with us. However, in other cases your contract will be with a third party ("a Third Party Seller").

4.2 Where the contract is with us, you will pay us for the Goods and we will supply the Goods to you.

4.3 Where the contract is with a Third Party Seller, we will act as an agent for that Third Party Seller. You will pay the Third Party Seller for the Goods (via us) and the Third Party Seller will supply the Goods to you.

4.4 We will notify you before you place your order whether your contract will be with us or a Third Party Seller. If it is with a Third Party Seller we will give you their name and contact details.

4.5 Who your contract is with affects which of these terms and conditions apply to your order:

4.5.1 if the contract is with us, these "General" terms and those headed "Where we are the Seller" apply to your order; and

4.5.2 if the contract is with a Third Party Seller, these "General" terms and those headed "Where we sell as Agent" apply to your order.

5 Your right of withdrawal from the Contract

5.1 Unless clause 5.2 applies, you can withdraw from the contract at any time up to the end of the 7th day after you receive the Goods. You do not have to give us any reason for withdrawing your order, nor do you have to pay any penalty.

5.2 You cannot withdraw your order if you have taken the Goods out of the sealed package in which they are delivered.

5.3 To withdraw your offer, you must notify in writing (which can include an e-mail) either us or the Third Party Seller (if we are acting as agent).

5.4 If you withdraw your order you must send the goods back unopened at your own cost to us or, if we are acting as agent, to the Third Party Seller.

5.5 Once we receive notice that you are withdrawing from the contract and you have returned the Goods in accordance with paragraph 5.4 we will re-credit to your account any sums that we have previously debited in respect of the Goods. We will do this as quickly as possible, and in any event within 30 days of receipt of the returned Goods by us or the Third Party Seller (as appropriate).

5.6 If you want to exercise your right of withdrawal from the contract under this clause, you may notify us in the form of the Cancellation Form set out at the end of these terms.

6 Price

6.1 The price of the Goods is shown in the "Shop" section of our site.

6.2 You may be required to pay an extra sum for delivery, in which case this will be made clear in the "Shop" section of our site. Unfortunately, there may be some locations to which we cannot deliver.

7 Invalidity

7.1 If any part of these terms is unenforceable, the enforceability of any other part of these terms will not be affected.

8 Entire Agreement

8.1 These terms and conditions, together with the Gardeners Club website, and any additional terms that are relevant under paragraph 18, set out the whole of the agreement between us relating to the supply of the Goods to you.

8.2 These terms can only be varied in writing by one of our authorised officers.

9 Force Majeure

9.1 We shall have no liability to you for any failure or delay to deliver the Goods to you if that failure or delay is the result of events beyond our control.

10 Governing Law

10.1 The contract shall be governed by the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.


Where we are the Seller

11 When these terms apply

11.1 These terms will apply in addition to the General terms above when we are the seller.

12 Availability of Goods

12.1 We only obtain a limited amount of stock in order to provide competitive offers for our members, and because of this we are sometimes unable to provide the Goods to you due to a lack of stock. If this happens we will notify you in writing and shall re-credit to your account any sums debited from your credit card. We will do this as quickly as possible, and in any event within 30 days of your order.

13 Delivery

13.1 We will deliver the Goods to you as soon as possible and in any event within 30 days of your order.

13.2 You will become the owner of the Goods once they are delivered to you. They will then be held at your own risk and we will not be liable for their loss or destruction.

14 Liability

14.1 If the Goods are not what you ordered, or are damaged or defective, or the delivery is of an incorrect quantity, we will have no liability to you unless you notify us in writing of the problem within 7 days of delivery of the Goods.

14.2 If you notify us of any problem under paragraph 14.1, our sole obligation will be, at our discretion to:

14.2.1 make good any shortage or non-delivery;

14.2.2 replace or repair any damaged or defective Goods; or

14.2.3 refund you the price paid by you for the Goods.

14.3 We will not be liable to you for any indirect or consequential loss.

14.4 Nothing in paragraphs 14.2 or 14.3 shall limit our liability for death or personal injury caused by our negligence.

14.5 Your statutory rights are not affected by any of these terms.

Where we act as Agent

15 When these terms apply

15.1 These terms will apply in addition to the General terms above when we act as Agent.

16 Product Information

16.1 The information published on the site is provided by the Third Party Seller, and we cannot be held responsible for any inaccurate or misleading product descriptions.

17 Substitution of products

17.1 Third Party Sellers have the right to substitute goods of a similar description and standard if your Goods are not available.

18 Third Party Seller's terms and conditions

18.1 The Third Party Seller may also want you to read and accept its terms and conditions before purchasing the Goods. If so, we will indicate on our site where you can read these terms and conditions.

19 Liability

19.1 As we are acting as agent we can accept no liability in respect of any claim you may have in respect of the Goods, unless that claim arises from our negligence. If you do have any claim or complaint, you should seek redress direct from the Third Party Seller.

19.2 If we incur any liability whatsoever under paragraph 19.1 above, our entire liability to you shall be limited to the price of the Goods and we shall not be liable to you for any indirect or consequential law.



Cancellation Form

To: [The Gardeners Club (UK) Limited] [Third Party Supplier]


I/We hereby give notice that I/We wish to cancel my/our contract.


Signed ................................

Date ................................