Terms & Conditions
Welcome to the www.hawleygardencentre.co.uk website terms and conditions for use. These terms and conditions apply to the use of this website and by accessing this website and/or placing an order, you agree to be bound by the terms and conditions set out below.
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Hawley Garden Centre, Hawley Road, Dartford, Kent DA2 7RB,( “Hawley Garden Centre” ). In these terms “you” and “your” as appropriate refer to you as the buyer and “us”, “our” and “we” refer to Hawley Garden Centre as the seller,. “Days” refers to working days, being Monday to Friday inclusive, exclusive of bank holidays, unless otherwise stated.
1.3 No contract exists between you and Hawley Garden Centre for the sale of any Products until we have received and accepted your order and we have received payment in full (in cleared funds). Once payment is received, there is a binding legal contract between us.
1.4 By way of clarification, an acknowledgement of your order will be sent to you via email when you place your order, but acceptance of your offer to buy the Products will not take place until after your payment is taken. It is at this point that a binding legal contract is created and any contract is subject to these Terms.
1.5 This contract is subject to your right of cancellation at law and as outlined in clauses 2.3, 2.4 and 4.4 below.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on Hawley Garden Centre’s website (www.hawleygardencentre.co.uk) at the time you place your order. The price for each product is shown on this website in UK Sterling and includes VAT at 20% where appropriate. Hawley Garden Centre reserves the right to amend its prices to reflect any change in the applicable rate of VAT. Customs law requires that all applicable Duties and Taxes must be paid for shipments outside the EU. By placing an order with Hawley Garden Centre, you agree to pay the duties and taxes applied by Customs at the time of delivery.
2.2 Prices do not include charges for delivery. These will depend upon the overall weight of the consignment and are detailed in the section entitled ‘Delivery Information’.
2.3 The goods advertised on Hawley Garden Centre’s website are subject to availability. Whilst we try to give an indication of the delivery date, we do not accept any liability arising from late delivery, to the extent permitted by law. Where a product is out of stock, we will inform you as soon as possible and advise you of the earliest possible delivery date. Should you wish to cancel your order at this point, you must immediately send an email to email@example.com stating your order number and that you wish to cancel your order. Should any amount be owing to you, Hawley Garden Centre will issue a refund or re-credit to you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 Every effort is made to ensure that the prices shown on Hawley Garden Centre’s website are accurate at the time you place your order. However, the information posted on this website (including photographs and any descriptions of goods) may contain typographical errors and inaccuracies for which we shall accept no liability. If an error is discovered, Hawley Garden Centre will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If we do not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled automatically. If you cancel, Hawley Garden Centre will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
3.1 The warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.
3.2 If the goods supplied to you are damaged on delivery, you should notify Hawley Garden Centre in writing via the email address: firstname.lastname@example.org within 7 days. We will arrange for the goods to be collected and replaced within 7 days providing the goods are in stock. You must take reasonable care to ensure the goods are not damaged further in the meantime or in transit.
3.3 If the goods supplied to you develop a defect while under warranty, you should notify us in writing via the email address: email@example.com as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the defect. We will arrange for the goods to be fixed or replaced. You must take reasonable care to ensure the goods are not damaged further in the meantime or in transit.
4. Limitation of Liability
4.1 Hawley Garden Centre total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
4.2 If you are a business customer Hawley Garden Centre shall not be liable to you for any indirect or consequential loss or damage (whether for loss or profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with this agreement.
4.3 Hawley Garden Centre’s liability for direct loss or damage arising from damage to tangible property for which Hawley Garden Centre is liable shall be limited to the VAT exclusive price of the relevant Product or Service in connection with which any claim for damage or loss is made.
4.4 The limitation on any exclusion from liability contained in these Conditions shall be subject to the provisions of section 2(1) of the Unfair Contract Terms Act 1977.
4.5 Hawley Garden Centre will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation internet outages, communications outages, fire, flood, war or act of God.