Terms & Conditions
In these Conditions:
‘Heart of a Garden’ or ‘us’ or ‘we’ refers to the owner of the website.
‘You’ refers to the user or viewer of our website.
'Conditions' means the standard Terms and conditions of sale set out in this document;
'Contract' means the contract for the sale of the Goods;
'Payment Card' means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;
'Delivery Area' means the UK and the European Union.
'Goods' which you have ordered including any instalment of the goods or any parts for them which are available for purchase from our Web Site in accordance with the Conditions;
‘Information System' means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
'Order' means any order placed by you with us for the supply of Goods;
'Order Form' means the electronic order form completed and submitted electronically by you;
'Regulations' means the Consumer Protection (Distance selling) Regulations 2000;
'Web Site' our presence on the World Wide Web, currently accessible via the address www.heartofagarden.co.uk
The information contained in this website is for general information purposes only. The information is provided by Heart of a Garden and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The website is subject to change without notice and we reserve the right to improve, alter or modify designs and information given without prior notification.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Heart of a Garden. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Heart of a Garden takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
You may not create a link to this website from another website or document without Heart of a Garden’s prior written consent.
This website and its content is copyright of Heart of a Garden ©2013-15. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
you may print or download to a local hard disk extracts for your personal and non-commercial use only
you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Terms of Sale
No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.
No variation to these Terms and Conditions shall be binding upon us unless and until agreed by email or in writing by us.
Any advice or recommendation given on this website or otherwise given by us or any of our employees or agents to you as to the storage, application or use of the Goods is followed or acted upon entirely at your own risk, and accordingly we shall not be liable for any such advice or
Any typographical, clerical or other error or omission on any page of this web site or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
The quantity and description of the Goods will be those set out in your Order (if accepted by us).
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 account card is authorised for the transaction.
Heart of a Garden is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
We reserve the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or where any particular Good is unavailable to substitute for the Goods ordered other Goods which are substantially similar in nature and price.
Price of the goods
The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by email that the new price is acceptable. If it is not acceptable then you will have the option of cancelling the order.
In addition to the price of the Goods you will be liable to pay our charges for transport, packaging and insurance as shown on the Order Form.
The total price is inclusive of any applicable value added tax.
Terms of payment
Upon providing us with details of the Payment Card and submitting the Order you:
confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised
to use the Payment Card; and
authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become
due to us under the Contract.
The deduction of monies from your Payment Card does not mean that we have accepted your order nor does it mean that a contract has been formed between us. In the event that we reject you order we will credit your Payment Card with the amount deducted.
If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.
Where Goods are returned by you in accordance with your rights, we shall credit the Payment Card with the appropriate amount.
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 unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to our negligence.
For prices and dispatch details please click here.
Delivery of the Goods shall be made by us or our carrier to the address for delivery shown in the Order Form. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery
Whilst every effort will be made to ensure that any Goods ordered are delivered within the period specified for delivery of such goods, any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods however caused. The Goods may be delivered by us in advance of the estimated delivery date. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
The Goods may at our discretion be delivered in instalments. Each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these Conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as repudiated.
If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the price of the Goods.
If you fail to take delivery of the Goods or fail to give us adequate delivery instructions then, without prejudice to any other right or remedy available to us, we may cancel the Contract and refund to you the price of the goods less the cost of their delivery and the cost of their being returned to us.
Risk and property
Risk of damage to or loss of the Goods shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the Goods, the time when we or our carrier has tendered delivery of the Goods.
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods. [Goods supplied to you are not for resale.]
In the unlikely event you receive a damaged item, please contact us within 2 days of receipt of order via email: firstname.lastname@example.org or phone 07977 432364. We can then arrange for a refund or replacement (if in stock). We may require photographs of the damage or for the damaged item to be returned to us. In these circumstances Heart of a Garden will reimburse the customer for the reasonable delivery cost of the returned damaged item.
Cancellation of Order
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason except:
1)where a type of enhanced delivery is chosen by you
2) where the value of the goods has been diminished by you
3)where the items are personalised or made to your specification
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform Heart of a Garden, 4 Francis Ave, Rhos On Sea, Colwyn Bay, Conwy, LL28 4DL, email@example.com) of your decision to cancel this contract by clear statement (e.g. by letter sent by post or email). Please include the date, your name, address and date of order. You may use the attached cancellation form, but it is not obligatory. We will communicate to you an acknowledgement of receipt of your cancellation without delay.
You are responsible for all return delivery costs of the Goods to us and we shall be entitled to deduct from any refund for the goods an amount to cover delivery costs paid by us on your behalf.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery except:
1) where a type of enhanced delivery is chosen by you (we will reimburse you for the standard delivery offered by us).
2) where the value of the goods has been diminished by you (we may make a deduction from the reimbursement for loss in value of any goods supplied)
3) where the items are personalised or made to your specification
We will make the reimbursement without undue delay and using the same means of payment as you used for the initial transaction. You will not incur any fees as a result of the reimbursement.
Returned or Exchanged Items
You can return or exchange your order within 14 days from receipt of order. The item must be returned unused and in its original packaging to receive a refund/exchange. You are responsible for all return delivery costs of the Goods to us and we shall be entitled to deduct from any refund for the Goods an amount to cover delivery costs paid by us on your behalf. If you intend to return any item you must notify us within 14 days of receipt of item via email: firstname.lastname@example.org before returning any goods. Please include date, name, address, date of purchase and reason for return. Returns can then be accepted by Heart of a Garden within up to 28 days of you receiving the item.
A returned or exchanged item is the customer's responsibility until received by Heart of a Garden. We therefore advise you to use an insured delivery method to return an item to Heart of a Garden, as we are not accountable for parcels being returned that are lost or damaged in transit.
Items must be unused, in its original packaging, with original labels intact and re-saleable. If the item has been damaged, used or is not returned in its original packaging, we reserve the right to withhold a percentage of the refund value if the item needs to be reduced in price for resale. This does not affect your statutory rights.
Warranties and liability
Any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to the Company within 7 days from the date of delivery or (where the defect or failure was not
apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject the Goods and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods is notified to us in accordance with these Conditions, we shall be entitled to replace the Goods (or the part in question) free of charge or, at our sole discretion, refund to you the price of the Goods (or a proportionate part of the price), but we shall have no further liability to you.
We will not be liable to you or in breach of the Contract for delay or failure to perform due to any causes beyond the reasonable control of Heart of a Garden or its suppliers, including, but not limited to, acts of god, civil commotion, industrial dispute, riots, flood, and legislation.
Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any loss of
revenue or profits; loss of anticipated savings; loss of goodwill or injury to reputation; loss of business opportunity; losses suffered by third parties; or any other indirect, consequential or special loss or damage regardless of the form of action, whether in contract, strict liability or tort (including negligence), which arise out of or in connection with the supply of the goods or their use or resale by you, and our entire liability under or in connection with the contract shall not exceed the price of the goods, except as expressly provided in these conditions.
Subject to our obligations and your rights under the regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the goods, if the delay or failure was due to any cause beyond our reasonable control.
Product Images and Descriptions
Every care is taken to ensure descriptions and specifications of the products shown on our website are correct. All dimensions are approximate and slight colour variations may occur due to the nature of photo reproduction onto the website being handmade.
Any communication sent electronically by e-mail or otherwise:
will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
The Contract shall be governed by the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the English court.
Heart of a Garden is committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
1 What information do we collect?
We may collect, store and use the following kinds of personal information:
a) information about your computer and about your visits to and use of this website
b) Information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services.
c) Information that you provide to us for the purpose of registering with us.
d) Information that you provide to us for the purposes of subscribing to our website services, email notifications and/or newsletters.
e) any other information that you choose to send to us.
A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
This web site sets performance cookies. These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a web site works.
You can choose to accept or decline cookies and you can also delete them, although they are automatically removed after a period of time. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer or to notify you each time a cookie is sent to your computer or mobile device such as a smartphone or tablet. This may prevent you from using all the features of our website.
3 Using your personal information
a) administer the website;
b) enable your use of the services available on the website;
c) send to you goods purchased via the website, and supply to you services purchased via the website;
d) send statements and invoices to you, and collect payments from you;
e) send you email notifications which you have specifically requested;
f) send to you our newsletter and other marketing communications relating to our business which we think may be of interest to you by email (you can inform us at any time if you no longer require marketing communications);
g) deal with enquiries and complaints made by or about you relating to the website; and
Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.
We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
a) to the extent that we are required to do so by law;
b) in connection with any legal proceedings or prospective legal proceedings;
c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
d) to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling; and
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
We offer a choice of two trusted payment processing companies, PayPal and CardSave to securely process payment of your order, ensuring your card details are encrypted to the highest level available during transmission. If you pay online in any way, your full payment details are never shared with us. We only know whether or not a transaction has completed successfully.
We are certified PCI (Payment Card Industry) compliant by SaferPayments (Worldpay).
These payment processing companies have procedures in place to automatically cancel an order if their anti-fraud detection systems have reason to suspect a transaction is fraudulent. As strongly advised by all payment facility providers, we take precautions to protect cardholders and ourselves against fraudulent transactions. In keeping with payment facility providers' anti-fraud guidelines, we may ask for proof of ID, address or signature, including for overseas orders, or if we have reason to suspect a transaction may have been made without the cardholder's knowledge or permission. We reserve the right to cancel an order if we have reason to suspect a fraudulent transaction.
6 Policy amendments
7 Your rights
You may instruct us to provide you with any personal information we hold about you.
Provision of such information will be subject to the supply of appropriate evidence of your identity.
We may withhold such personal information to the extent permitted by law.
You may instruct us not to process your personal information for marketing purposes by email at any time. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal information for marketing purposes.
8 Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
9 Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
Heart of a Garden is registered under The Data Protection Act 1988, Data Protection Number Z3646621