THESE TERMS AND CONDITIONS GOVERN YOUR USE OF OUR WEBSITE (WWW.OAKTREEGARDENCENTRE.COM) (THE "WEBSITE"), YOUR ACCESS TO, AND UNDERTAKING AND PURCHASE OF OUR GOODS AND SERVICES AND YOUR RELATIONSHIP WITH OAKTREE GARDEN CENTRE ("WE" "US" or “OUR). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN EXCLUSIONS AND LIMITATIONS OF OUR LIABILITY TO YOU AND AFFECT YOUR RIGHTS AND LIABILITIES UNDER THE LAW.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSE 5 AND 8.
IF YOU AGREE TO THESE TERMS AND CONDITIONS UNCONDITIONALLY, YOU SHOULD TICK THE 'I AGREE TO THE TERMS AND CONDITIONS' BOX ADJACENT TO THE LINK TO THESE TERMS AND CONDITIONS AND YOU WILL THEN BE ABLE TO PROCEED WITH AN ORDER WITH US TO WHICH THESE TERMS AND CONDITIONS WILL APPLY.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN YOU SHOULD NOT TICK THE 'I AGREE TO THE TERMS AND CONDITIONS' BOX ADJACENT TO THE LINK TO THESE TERMS AND CONDITIONS AND YOU SHOULD NOT CONTINUE WITH THE PURCHASE OF OUR GOODS OR SERVICE(S).
If you have any questions about these terms and conditions, please contact our customer support team:
Tel: 01344 890 667 (Opening hours Monday to Saturday 8am to 6pm and Sunday 10am to 4pm excluding Christmas Day, Boxing Day, New Years Day and Easter Sunday) calls are charged at Your UK standard providers rate.
1. DEFINITIONS & INTERPRETATION
1.1 In these conditions, the following definitions shall apply:
1.1.1 Company means Oaktree Garden Centre Online Limited, a limited company incorporated in England and Wales under No. 08453694 whose registered office address is at Oaktree Garden Centre, Bracknell Road, Warfield, Bracknell, United Kingdom RG42 6LH. Registered VAT No. 114 757 612.
1.1.2 Customer and/or You means the individual or entity that purchases the Goods from the Company.
1.1.3 Conditions means the terms and conditions set out in this document.
1.1.4 Contract means the contract between the Company and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
1.1.5 Force Majeure Event has the meaning given in clause 9.
1.1.6 Goods means the goods (or any part of them) set out in the Order.
1.1.7 Order means the Customer's order for the Goods, as set out on the Website.
1.1.8 Website means the domain name www.oaktreegardencentre.com which is owned and operated by the Company.
1.2 The headings in this Agreement are inserted for convenience only and shall not affect its construction;
1.3 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it;
1.4 A reference to one gender includes a reference to the other gender.
1.5 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.6 A reference to writing or written includes faxes and e-mails.
2. THE CONTRACT BETWEEN US
2.1 These Conditions apply to the Contract to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 Your Order constitutes an offer by You to purchase the Goods in accordance with these Conditions.
2.3 You will receive an e-mail confirming Your Order which shall only indicate that We have received Your Order. It shall not indicate that We have accepted Your offer even if payment is taken.
2.4 Your Order shall only be deemed to be accepted once We have despatched the Goods to You, at which point the Contract shall come into existence unless We have notified You that:
2.4.1. We do not accept Your Order;
2.4.2. Deliveries cannot be made to Your area;
2.4.3. The Goods are out of stock;
2.4.4. The Goods You ordered were listed at an incorrect price due to a typographical error or an error in the pricing information received by Us from Our suppliers; or
2.4.5. You have cancelled the contract in accordance with Section 5.
2.5 Your Goods will not be despatched until full payment is received for the Goods. In the unlikely event that Your Goods are despatched in the absence of receiving full payment, the right and title to the Goods shall remain with Us until full payment is received.
2.6 In the event that Your Order is refused, We will notify You by e-mail and will refund the sum deducted by Us from Your credit card as soon as possible within 28 days of Your Order.
3.1 We shall ensure that the delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Company reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable) and special storage instructions (if any).
3.2 We shall use a third party Courier to deliver the Goods to the location set out in the Order.
3.3 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location. For Goods that are delivered on a pallet due to their size and nature, delivery of the Goods shall be made to the kerbside of the Customer’s delivery address.
3.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Goods in accordance with Section 3.5 below.
3.5 If We fail to deliver the Goods within 30 days from the time You placed the Order, Our liability shall be limited to the Order total. We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or Your failure to provide Us with adequate delivery instructions or any other instructions that are relevant to the supply and delivery of the Goods.
3.6 If You fail to accept delivery of the Goods when the Courier attempts to deliver the Goods, an additional delivery charge at cost price shall apply for the re delivery of the Goods.
3.7 In the event that You fail to accept delivery of the Goods after the second delivery attempt, You shall collect the Goods from their location at the Courier’s depot. 3.8 Further to clause 3.7 above, We shall not be liable to provide a refund in the event that Your Goods are disposed of or resold due to Your failure to accept delivery of the Goods within the timescales and conditions stated under this Section 3. 4.
4. PRICES AND PAYMENT
4.1 The price of the Goods shall be the price set out at the checkout on the Website.
4.2 The Prices published on the Website are exclusive for all sales made through the Website. Prices through other methods of submitting an Order (i.e. Email, telephone or in store) may vary and incur additional charges to reflect the increased costs to the Company.
4.3 We may, by giving notice to You at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
4.3.1 Any factor beyond Our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
4.3.2 Any request made by You to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
4.3.3 Any delay caused by any of Your instructions or Your failure to provide Us with adequate or accurate information or instructions.
4.4 The price of the Goods is inclusive of the costs and charges of packaging for the Goods.
4.5 The price of the Goods shall be exclusive of the price of delivery. The delivery charges shall be calculated and applied at the checkout before You proceed with Your Order.
4.6 The price of the Goods is inclusive of amounts in respect of value added tax (VAT) at the prevailing rate.
4.7 Payment for the Goods shall be made by the Customer using the online payment facility on the Website which is provided by SagePay and PayPal.
4.8 In the event that an invoice for the Goods supplied by the Company is provided to You, the Invoice shall be delivered by email to Your last known email address or posted to the address provided by You at the time of placing the Order.
4.9 Further to 4.8 above, the invoice must be paid in full before the Goods are despatched to You.
5. CANCELLATION AND RETURNS – PLEASE READ CAREFULLY
5.1 Where You have purchased Goods or Services from Us as a Consumer (i.e. for private use as opposed to business use) You are entitled to cancel Your contract completed with Us within fourteen (14) days from the day after You received the Goods or Services and receive a refund in accordance with these Conditions.
5.2 To return or cancel Your Goods ordered online and to receive a refund You must notify Us first. You can notify Us by the following means:
5.2.1 By telephone: 01344 890 667 (Opening hours (Opening hours Monday to Saturday 8am to 6pm and Sunday 10am to 4pm excluding Christmas Day, Boxing Day, New Years Day and Easter Sunday) calls are charged at Your UK standard providers rate;
5.2.2 By post: Oaktree Garden Centre, Brock Hill, Bracknell Road, Warfield, Bracknell, United Kingdom RG42 6LH;
5.2.3 By e-mail: email@example.com.
5.3 For Goods that are damaged, faulty or not fit for purpose, you must notify us in accordance with the methods described above within the following timescales:
5.3.1 For Goods that have arrived with damage caused by the Courier, You must notify us within 24 hours from the date of receiving delivery.
5.3.2 For Goods that are faulty or not fit for purpose, You must notify us within 30 days from the date of receiving delivery.
5.4 Where the Goods that We have supplied are being returned because they are damaged, faulty or not fit for purpose, We shall decide at Our sole discretion whether the Goods are damaged, faulty or not fit for purpose. Should We conclude upon receipt and inspection that the Goods are damaged, not fit for purpose or are of unsatisfactory quality, We will meet the cost of the return carriage and We shall either replace the Goods or provide a full refund for the Goods accordingly.
5.5 Where the Goods are being returned without any faults or defects, the Goods must be returned to Us at Your own expense. The Goods will be collected by Us within 30 days of Our receipt of Your cancellation notice and we will charge You the cost of collecting the Goods by deducting the cost from the sum owed by Us to You.
5.6 Further to clause 5.5 above, You shall be responsible for ensuring the Goods are returned in their original selling condition. For the avoidance of doubt, You shall not be entitled to a refund where the Goods have been used or any safety seals on the Goods have been broken due to the nature of the Goods we supply.
5.7 The title and risk to the Goods shall remain with You until We are in receipt of the Goods and We have confirmed their contents.
5.8 You must exercise reasonable care and skill when packaging the Goods in order to ensure their safe return.
6. SUPPLIER WARRANTIES
6.1 In accordance with Section 5 above, in the event that a fault or defect becomes apparent after 30 days from the date you received the Goods, the Goods may be subject to the Suppliers warranty which may allow for a warranty against faults and defects beyond this period. We shall endeavour to include all applicable information on Supplier warranties with the delivery of your Goods but please contact Us if you have not received any information on any applicable Supplier warranties for Your Goods.
7. PRODUCT DESCRIPTION
7.1 Whilst we endeavour to ensure that the information on Our Website is correct, We do not warrant the accuracy and completeness of the information displayed. Our product descriptions for the Goods are general descriptions only - we do not guarantee the 'suitability' of goods for any specific person or use. As with any online purchase the choice of 'suitability' is Your responsibility based on our fair and accurate description. You are advised to confirm current specification before buying.
7.2 Representations of colour online are as accurate as our photographic and electronic processes will allow. Please note that colour online can also be affected by the calibration of different devices.
7.3 Any images of the Goods are for guidance only and may not be an exact image of the Goods you receive.
7.4 All weights and measurements are supplied as a guide only and are approximate. We shall not be liable for any errors in their accuracy and you are advised to contact us for further clarification on the Goods weight and measurements.
8. LIMITATION OF LIABILITY – PLEASE READ CAREFULLY
8.1 Nothing in these Conditions shall limit or exclude Our liability for:
8.1.1 Death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors (as applicable);
8.1.2 Fraud or fraudulent misrepresentation;
8.1.3 Breach of the terms implied by section 12 of the Sale of Goods Act 1979;
8.1.4 Defective products under the Consumer Protection Act 1987; or
8.1.5 Any matter in respect of which it would be unlawful for Us to exclude or restrict liability.
8.2 We disclaim all liability for any consequential loss arising from, or in connection with, the Goods and Services supplied by Us.
8.3 For the purpose of these Terms, ‘Consequential loss’ shall include, but not be limited to (i) Pure economic loss (ii) Loss of profits (iii) Losses incurred by any third party (iv) Loss of revenue (v) Loss of goodwill and reputation (vi) Loss of opportunity.
8.4 Any performance dates or time deadlines set out in the Order are estimates only and time for performance by Us shall not be of the essence under these Terms.
8.5 Our total liability to You in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price You paid for the Goods.
9. INTELLECTUAL PROPERTY
9.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
9.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
10. FORCE MAJEURE
10.1 We shall not be liable for any failure or delay in performing Our obligations under this Contract to the extent that such failure or delay is caused by a Force Majeure Event.
10.2 A Force Majeure Event means any event beyond Our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, snow, severe ice, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
11.1 If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
12.1 A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by Us to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
13. THIRD PARTY RIGHTS
13.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than You and Us shall have any rights under it.
14.1 Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by Us.
15. ENTIRE AGREEMENT
15.1 This Agreement shall set out the whole of our agreement relating to the supply of Goods by Us to You.
16. GOVERNING LAW AND JURISDICTION
16.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be referred to an independent mediator and governed by and construed in accordance with English law.
16.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that cannot be resolved by an independent mediator.