Terms & Conditions

Please read this carefully. By using or submitting an order (and any subsequent orders) on this web site you are agreeing to the terms that appear below.

You agree to purchase services and goods from West Somerset Garden Centre Ltd subject to these Terms and Conditions which will apply to all transactions using www.westsomersetgardencentre.co.uk. You must be 18 years or over to participate in the West Somerset Garden Centre Ltd online order service.

Your email address is essential in order for us to be able to supply you with important information such as Order Confirmations, and changes to the service. By registering with www.westsomersetgardencentre.co.uk, you accept that your email address may be used to supply you with such information.

1 WAIVER

Every effort has, is and will be taken to ensure that the information contained in this site is correct and up to date. The information may from time-to-time become incomplete, inaccurate or out of date. To the full extent permitted by law, but subject to the terms and conditions of sale referred to below, we disclaim all warranties and representations (whether implied or expressed) as to the accuracy of any information contained on this Site.

2 DEFINITIONS & INTERPRETATIONS

2.1a With the exception of goods referred to in clause 2.1(b), the price of the goods will be as quoted on the web site at the time you confirm your order subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged will be those applicable to the new item(s) at the time that the amended order is confirmed. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.

  • Contract: the contract for the sale and the purchase of the Goods
  • Goods: the range of plants or any products available for purchase from our website in accordance with the terms
  • Site: our presence on the world-wide web, currently accessible via the address www.westsomersetgardencentre.co.uk.
  • Seller, we or us: West Somerset Garden Centre Ltd, Mart Road Minehead, Somerset TA24 5BJ Company registration number 04403149

3 BASIS OF THE SALE

3.1 An agreement for us to sell you Goods is made on these terms when we accept an order made by you via our website. The description of the Goods, the price, the VAT, insurance and delivery costs are set out in the order page. We will confirm acceptance of your order on-screen.

3.2 We aim to give you a clear idea of the nature of the products we sell. Illustrations, descriptions, and other information are approximate and for guidance only.

4 DETAILS OF THE ORDER

4.1 Quantity, quality and description of the Goods will be those set out in your order (if accepted by us)

4.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery area and your credit or debit card is authorized for transaction.

5 PRICE OF THE GOODS

5.1 Our charges for transport, packaging and insurance will all be included in the total for the Goods at the order confirmation page.

5.2 All prices quoted are British pounds (£) and include Value Added Tax (VAT)

6 PAYMENT TERMS

6.1 Your credit/debit card account will be charged upon receipt of your order. We do not accept liability if a delivery is delayed because you did not give us the right payment details. We cannot take orders for goods without full payment with the order.

6.2 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 unauthorized access to any data, including credit and account details you provide when accessing or ordering from this website, unless this is solely due to our negligence.

7 DELIVERY

7.1 We will deliver the Goods to the address that you specify 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 loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.

7.2 We will aim to deliver the Goods by the date quoted for delivery, but delivery periods are not guaranteed nor can we give a time slot.

8 RISK AND OWNERSHIP

8.1 You will own the Goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

9 RETURNS AND OPTIONS TO CANCEL

9.1 See returns & refunds policy

10 WARRANTIES

10.1 We aim to deliver goods of the highest quality. Where the Goods are products, we warrant that they will meet their specification.

11 LIABILITY

11.1 If you have a valid claim in respect of the 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 28 days of receipt, you will be entitled to choose either a refund or replacement goods free of charge.

11.2 These terms and conditions do not affect your statutory rights as a consumer.

11.3 Pictures on the website are generally accurate but variations in shape, size and colour must be expected, packaging and products may change from time to time.

11.4 We assume no responsibility for the contents of any other websites to which this Website has links

12 MATTERS OUT OF CONTROL

12.1 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.

13 COPYRIGHT

13.1 All of the written, photographic, design, video and audio content of the website 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.

13.2 None of this material may be used without our written permission. You may download or print a single copy for your own non-commercial off-line viewing.

13.3 All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorized use of trademark is illegal.

14 PRIVACY

13.1 Please read our Privacy Policy

15 CHANGES

15.1 We reserve the right to make changes to this website and these terms at any time. Please ensure that you read these terms and conditions every time that you use the site.

16 GENERAL

16.1 Emails to you will be sent to the address you specify to us. You must only provide us with a valid email address and it is your responsibility to inform us of any changes to that address.

16.2 To the extent that any provision of these terms is found by a 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.

16.3 The headings in these terms are for convenience only and will not affect their interpretation.