General Terms of Website Use
Please read the following terms and conditions which govern your use of our
website. Your use of our Website constitutes your agreement to these terms and
1. This website is provided without any warranties of any kind, either express or implied.
2. Stephen H. Smith does not warrant that the site and its contents are complete or
error free or that the server that makes it available is free of viruses.
3. Use of the
website is entirely at your own risk and you will assume full responsibility for all costs
associated with all necessary servicing or repairs of any equipment you use in connection
with your use of our website.
4. Stephen H. Smith may make
changes to this site and the content at any time including prices and
5. We reserve the right of refusal to supply any product or service at any time.
6. All prices are inclusive of V.A.T. If you are unable
to collect products from our stores, delivery charges will apply.
7. All items are subject to availability - please telephone before you travel.
8. We recommend that you do not communicate your payment card details to anyone,
including us, by e-mail. We cannot be responsible for any losses you may incur
in transmitting information to us by internet link or by e-mail. Any such loss
shall not be borne either wholly or partly by us, and shall be entirely your
9. The appearance and colours of products shown on
this site will not exactly reproduce the appearance of
the physical products themselves. All sizes quoted are approximate.
10. All images, graphics, illustrations, photographs and written and other material
contained within this website is the copyright of Stephen H. Smith's Garden & Leisure.
11. This website is intended for general personal and non-commercial use only.
12. We do not accept any liability whatsoever for any loss which may arise from your
reliance upon information contained in this website. We reserve the right to change
any information at any time and without prior notice.
13. This site may contain links to other websites operated by third parties. Stephen
H. Smith does not control any information, products or services in the linked websites and
cannot accept any liability whatsoever for the content of such websites.
Furthermore, the link does not imply any endorsement or approval of linked websites or of
the products or companies to which they relate. Access to linked websites is at your
14. We have included the option for you to make feedback about our website. Stephen
H. Smith is not obliged to keep the comments confidential or pay you any money for your
comments. The comments shall be solely the property of Stephen H.
Smith, who shall
not be limited in any way in their use. You are solely responsible for any comments
15. To the extent permitted by law, Stephen H. Smith's Garden
& Leisure accepts no liability for any loss, damage or injury arising as
a consequence of any advice provided
on this website.
unenforceable as a matter of law, all other parts of these terms
of use shall not be affected and shall remain in
Our Terms of Business
"Buyer" means the individual or organisation who buys or agrees to buy
the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed
in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the
Seller and the Buyer for the sale and purchase of Goods incorporating these
Terms and Conditions;
1.4 "Goods" means the articles that the Buyer
agrees to buy from the Seller;
1.5 "Seller" means Stephen H. Smith’s Garden &
Leisure of Pool Road, OTLEY, West
Yorkshire, LS21 1DY that operates
1.6 "Terms and Conditions" means the terms and conditions of sale set out in
this agreement and any special terms and conditions agreed in writing by the
1.7 "Website" means www.shrubs.co.uk.
2.1 Nothing in
these Terms and Conditions shall affect the Buyer’s statutory rights as a
2.2 These Terms and Conditions shall apply to all contracts for the sale of
Goods by the Seller to the Buyer and shall prevail over any other documentation
or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of
the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms
and conditions agreed between the parties) shall be inapplicable unless agreed
in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated in clause
3.1 All orders
for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant
to these Terms and Conditions and are subject to acceptance by the Seller. The
Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer
shall be notified and given the option to either wait until the Goods are
available from stock or cancel the order and receive a full refund within 30
3.3 When making an order through the Website, the technical steps the Buyer
needs to take to complete the order process are described in
our On-line Shopping Help section.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that
stipulated on the Website. The price is inclusive of VAT.
The price excludes delivery
4.2 The total purchase price, including VAT and
delivery charges, if any, will be displayed in the Buyer’s shopping cart prior
to confirming the order.
4.3 After the order is received the Seller shall
confirm by email the details, description and price for the Goods together with
information on the right to cancel if the Buyer is a Consumer.
4.4 In the case of consumer sales, payment of
the price plus VAT and delivery charges must be made in full before dispatch of
RIGHTS OF SELLER
5.1 The Seller reserves the right to
periodically update prices on the Website, which cannot be guaranteed for any
period of time. The Seller shall make every effort to ensure prices are correct
at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw
any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for
withdrawing any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer
will be asked when placing an order to declare that they are of the appropriate
legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order
certain Goods, the Seller shall be entitled to cancel the order immediately,
The Seller warrants that the Goods will at the time of dispatch correspond
to the description given by the Seller. Except where the Buyer is dealing as a
Consumer, all other warranties, conditions, or terms relating to fitness for
purpose, merchantability or condition of the Goods, whether implied by Statute,
common law or otherwise are excluded, and the Buyer is satisfied as to the
suitability of the Goods for the Buyer’s purpose.
8.1 Goods supplied within the UK will
normally be delivered within 5 to 15 working days of
acceptance of order.
8.2 Goods supplied outside the UK will normally
be delivered within the agreed number of working days
of acceptance of order.
8.3 Where a specific delivery date has been
agreed, and where this delivery date cannot be met, the Buyer will be notified
and given the opportunity to agree a new delivery date or receive a full refund.
8.4 The Seller shall use its reasonable
endeavours to meet any date agreed for delivery. In any event time of delivery
shall not be of the essence and the Seller shall not be liable for any losses,
costs, damages or expenses incurred by the Buyer or any third party arising
directly or indirectly out of any failure to meet any estimated delivery date.
8.5 Delivery of the Goods shall be made to the
Buyer’s address specified in the order and the Buyer shall make all arrangements
necessary to take delivery of the Goods whenever they are tendered for delivery.
8.6 Title and risk in the Goods shall pass to
the Buyer upon delivery of the Goods.
9 CANCELLATION AND
9.1 The Buyer shall inspect the Goods
immediately upon receipt and shall notify the Seller writing by email, letter or
fax within 7 working days of delivery if the Goods are damaged or do not comply
with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed
to have accepted the Goods.
9.2 Where a claim of defect or damage is made
the Goods shall be returned by the Buyer to the Seller packed
carefully and securely in the original packaging to be approved by our carrier. The Buyer shall be
entitled to a full refund (including delivery costs) plus any return postal
charges if the Goods are in fact defective.
9.3 If you are a consumer you have the right, in
addition to your other rights, to cancel the Contract and receive a refund by
informing the Seller within 7 working days of receipt of the Goods. The right to
cancel does not apply to contracts for the supply of software, audio or visual
recordings if these have been unsealed by the Consumer.
9.4 Goods must be returned by the Buyer at the
Buyer’s expense packed carefully and securely in the original
packaging to be approved by our carrier and should be adequately insured during the return journey. The
Buyer will receive a refund of all monies paid for the Goods (excluding
delivery charges, if any) except for return postal charges within 30 days of
cancellation. If the Buyer fails to return the Goods following cancellation, the
Seller shall be entitled to deduct the cost of recovering the Goods from the
9.5 Goods to be returned must clearly show the
order number obtained from the Seller on the package.
9.6 Where returned Goods are found to be damaged
due to the Buyer’s fault the Buyer will be liable for the cost of remedying such
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a
Consumer, in the event of any breach of these Terms and Conditions by the Seller
the remedies of the Buyer shall be limited to damages which shall in no
circumstances exceed the Price of the Goods and the Seller shall under no
circumstances be liable for any indirect, incidental or consequential loss or
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability
of the Seller for death or personal injury resulting from the negligence of the
Seller or that of the Seller’s agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its
rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of
its obligations if the delay or failure results from events or circumstances
outside its reasonable control, including but not limited to acts of God,
strikes, lock outs, accidents, war, fire, failure of any communications,
telecommunications or computer system, breakdown of plant or machinery or
shortage or unavailability of raw materials from a natural source of supply, and
the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid,
illegal or unenforceable for any reason by any court of competent jurisdiction
such provision shall be severed and the remainder of the provisions hereof shall
continue in full force and effect as if these Terms and Conditions had been
agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time
but this right shall not affect the existing Terms and Conditions accepted by
the Buyer upon making a purchase.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance
with the law of [England OR Scotland] and the parties hereby submit to the
exclusive jurisdiction of the [English OR Scottish] courts.