Terms and Conditions
Please read these Terms & Conditions carefully, as you agree to abide by them when making a purchase or browsing the Website.
As well as these Terms and Conditions, terms are also set out in our Delivery and Returns Policy. By agreeing to these Terms and Conditions you also agree to the Delivery and Returns Policy. You should check these Terms and Conditions, Delivery and Returns Policy posted on the Website before each order.
By registering your details on www.homegiftgarden.co.uk, you agree to follow the following rules as well as any set in the Delivery and Returns policy (shown on end of document).
b) Agree to follow these Terms and Conditions and all applicable laws and regulations governing the Website.
1. Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions:
You may only purchase from Website if you are aged 18 years or over, and are a resident of the United Kingdom. You will need an active email address and a telephone number at which you can be easily contacted;
Website services will require registration and subsequent access to those services will be subject to an approved login name and password. Information that you provide on this Website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately;
The colours of goods as shown on the website will depend on many factors – including your display settings. They may change slightly from batch to batch;
The sizes and shapes of the goods may differ in real life from how they appear on your screen. We provide dimensions and measurements in the descriptions of the goods and it is your responsibility to check that the actual size of each item is suitable for your purpose before assembly; we reserve the right to make changes to measurements.
Pictures and images on the website are for illustration purposes only. For an accurate description of any item and details of what is included with the item, you need to read the corresponding written description;
All goods are subject to availability and we may not be able fulfill your order due to unforeseeable circumstances. We reserve the right to withdraw any goods from sale at any time, and our only liability to you for withdrawing any goods will be to refund to you any money paid to us in respect of those goods which we are no longer able to supply;
We will do our best to deliver your goods within in 7 – 14 days, but please note that all delivery dates given by Home Gift Garden, whether on the Website, over the phone or by email, are estimates only and delivery dates may vary. Please see the Delivery Policy for more information.
2. Order Process
Your order constitutes an offer to purchase goods from us. Where you order more than one item your order comprises a series of offers for each item individually.
Please take care when placing your order, as you might not be able to add to or amend your order after we send an order acknowledgement email.
Please note that an order acknowledgement email is not an order confirmation / acceptance. This will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.
We do not take payments from our website. All payments are currently handled by the Paypal Payment Gateway. We do not hold any of your card details at the time we receive your order, once we have checked your card.
All prices are shown in Pound Sterling and include VAT (where applicable) at the applicable current rates.
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as reasonably possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Ownership of any product sold on www.homegiftgarden.co.uk shall be yours on delivery of the products provided that we have processed and received payment in full for the products.
4. Warranties and Liabilities
Home Gift Garden shall provide you with such information as is required to claim under the manufacturer’s warranties. In the event of a claim, you shall in the first instance contact Home Gift Garden customer service department.
As is permitted by law, our only liability to you under these Terms and Conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. As long as items are not assembled after delivery if item is stated as being received damaged. www.homegiftgarden.co.uk will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control.
5. Content from other Users, Third-Party Links and Advertising
Home Gift Garden may contain:
a) User Content provided by other users;
b) Links to other sites operated by third parties, and
c) Advertisements and/or sponsorships provided by third parties ((a), (b) and (c) are collectively, “Third-Party Materials”) and have no connection with www.homegiftgarden.co.uk.
We have no control over and are not responsible and assume no liability for any Third-Party Materials or the applicable third parties. We are not responsible for any acts or omissions of such third parties. We do not review, approve, endorse, guarantee, warrant, or make any representations with respect to Third-Party Materials or the applicable third parties. We do not guarantee, warrant or represent that the Third-Party Materials are accurate, legal and/or inoffensive or that these third party sites do not contain viruses or other features that may adversely affect your computer. You use all Third Party Materials and interact with such third parties at your own risk. We are not obligated to be involved in any disputes between you and any such third parties. When you leave our site, our Terms and Conditions no longer govern. You should carefully review the applicable third party Privacy Statements and other Terms and Conditions of use.
6. Acceptable Use Policy
You agree that your User Content will not:
a) Plagiarize, violate or infringe upon the rights of any third-party, nor
b) Contain unlawful, threatening, harmful, vulgar, derogatory, false, intentionally misleading, slanderous, obscene, deliberately offensive, inappropriate, harassing, or other unacceptable material or materials that are harmful to minors.
You agree that you will not use the website to:
a) Upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
b) Send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
c) Harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
d) Interfere with or disrupt servers or networks connected to the website or violate the regulations, policies or procedures of such networks;
e) Attempt to gain unauthorized access to the website, other computer systems or networks connected to or used together with the website, through password mining or other means;
f) Harass or interfere with another user’s use of the website; or
g) Engage in any illegal activities.
By using Home Gift Garden, you agree to indemnify and hold Home Gift Garden, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of such website, including providing a link to another site or any User Content or your violation of these Terms and Conditions.
9. Disclaimer of Liability
The information contained in this website is for general information purposes only. The information is provided by Home Gift 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.
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 Home Gift 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, Home Gift Garden takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
10. Modification to Terms and Conditions
We reserve the right to change these Terms and Conditions at any time, to reflect our business, changes in the environment, relevant laws, market conditions and our infrastructure, effective immediately upon posting on our website. We suggest you periodically visit the “Terms and Conditions” link at the bottom of our home page to review the most current version and be aware of any changes.
11. Governing Law and Jurisdiction
These Terms and Conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the British courts.
12. Entire Agreement
The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Home Gift Garden. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of Home Gift Garden.
We understand that there may be times when your order may not be what you expected. we offer 7 day return policy, providing the goods are returned in their original packaging and as new condition without any evidence that they have been assembled or tampered with. You are responsible for the organisation and cost of returning the goods which will be refunded if manufacturing faults are found or item is in resalable condition.. Certain products cannot be returned because neither we nor our suppliers can take them back. Please contact us as soon as possible within the 7 day limit to inform us that you wish to cancel your order, by email. Under no conditions will we accept returns after the 7 day period has expired or if the items show any signs of assembly or if the packaging is damaged in any way at point of delivery it must be signed for as damaged by the courier.
We will provide a returns authorisation number which you must use to return the goods. We cannot accept returns without this returns number, otherwise we will return the goods back to you and charge you for the delivery cost.
Our returns department will inspect the goods and arrange for a refund within 30 days of return unless, we believe the product has been used or been tampered with or the original packaging is not in a ‘as new’ state, where we then reserve the right to refuse an exchange or a refund. A part refund may be made along with a possible restocking fee. Please therefore be careful when ordering goods in the first instance!
We do everything possible to ensure that our goods are sent out in perfect condition. However, in the unlikely event that your goods do arrive faulty please notify us by email within 48 hours with a description of the fault (and pictures, if possible) to help speed up the process of rectifying the situation.
It is your responsibility to examine the goods for damage prior to signing for receipt of the goods. If you are not pleased with the condition of the goods, please inform the driver and refuse to take the delivery. Once you have provided written receipt accepting the goods, it is almost impossible for us to file a successful claim for compensation with the courier.
Please note that once you sign for the item to say that it is in good condition and then later discover that the item is damaged upon opening the packaging, we will not be liable for the replacement of the damaged item and may charge for replacement parts