Terms and Conditions

Keengardener.co.uk Terms and Conditions of Use and Sale

Please read these terms and conditions carefully. Together with our privacy policy, they govern our relationship with you in relation to your access and use of this website and also govern the basis on which we sell our products to you. If you have any questions about them or do not wish to accept them, please contact our customer services department at info@keengardener.co.uk or on 01789763336 before continuing to use this website.

We may change these terms and conditions or our privacy policy at any time by updating this page. You should check this page from time to time to review these terms and conditions to ensure you are happy with any changes.

Using or accessing this website indicates your acceptance of these terms and conditions. If you do not accept these terms and conditions, please do not continue to use this website

Terms and Conditions of Use

Information about us

Your access to this website

Information on this Website

Linking

Intellectual Property Rights

Terms and Conditions of Sale

Purchasing from us

Availability and Delivery

Damaged or Defective Goods

Other information of which you need to be aware

Terms and Conditions of both Use and Sale

Our liability to you

Governing Law and Jurisdiction

Your Privacy

Terms and Conditions of Use
IMPORTANT: This section together with the Terms and Conditions of both Use and Sale govern your access to and use of this website where you are not purchasing goods from us.

Information about us
We are Keengardener Limited, a company registered in England and Wales at Companies House. Our registered office is Swabys Yard, Walkergate, Beverley HU17 9BZ and our registered number is 04385768. We operate from 19 Arden Centre, Arden Road, Alcester B49 6HW and all written correspondence should be sent to this address.

Our VAT number is 787494167.

You can contact us by email at info@keengardener.co.uk or by telephone on 01789 763336 or you can use the form on our Contact Usage of the Website. Contact Us

The website to which these terms and conditions apply and for which we are responsible is www.keengardener.co.uk.

The use of this website and our intellectual property rights

We have made this website available to you for your own personal non-commercial use. We may modify, withdraw, restrict or deny access to this website at any time and without notice.

This website and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on the website, as well as other content such as product descriptions and product prices.

Except as permitted in the following paragraph, you may not copy, redistribute, republish or otherwise make the materials on this website available to anyone else without our consent in writing.

You may print or download materials from this website for your own personal use or copy the content to other individuals for their personal information provided that:

· no materials are modified in any way;

· no graphics are used separately from accompanying text;

· our copyright and trade mark notices appear in all copies and you acknowledge this website as the source of the material; and

· the person to whom you providing these materials are made aware of these restrictions.

Your Conduct
You are responsible for all electronic communications and content which is posted from your computer to us. In particular, you must not use this website (nor allow this website to be used) for any of the following:

· for or in connection with any unlawful purposes including, but not limited to, for purposes which contravene laws governing advertising, alcohol, child welfare and protection, competition law restrictions, drugs, encryption, exportation, food, financial services, firearms, gambling, importation, information systems, personal data, intellectual property, obscurity, privacy, securities, telecommunications and tobacco;

· to commit a wrongful act including, but not limited to, posting or communicating any materials to or via this website or using this website in any way which is wrongful, harmful, threatening, abusive, harassing, tortious, defamatory, libellous, scandalous, vulgar, violent, obscene, pornographic, invasive of another’s privacy, hateful, racially or ethnically and/or otherwise objectionable, infringing or violating of the rights of any person, or which is likely to cause distress to another person;

· to post, upload, or otherwise communicate or transmit any material which constitutes or is in connection with surveys, contests, pyramid schemes, chain letters, junk, spam, or other duplicative or unsolicited messages (whether for commercial purposes or otherwise);

· to post, upload or otherwise communicate or transmit any material that contains computer viruses or any similar software or programs that may or is intended to damage the operation of another’s computer or other property;

· provide copies of the website (or any part of it) to any person who is not authorised to receive it;

· to create a false identity, or impersonate any person or entity, for the purpose of or which may have the effect of misleading others.

We have no obligation to publish any material which you submit to and reserve the right to remove any such materials from our website at any time without notice. If you do submit any materials to the website for publication, you grant us a non-exclusive, royalty-free, irrevocable and fully sublicensable right to use, reproduce, modify, adopt, publish, translate, create derivative works from, distribute and display such materials throughout the world in any media. You agree to waive your right to be identified as the author of such materials and your right to object to derogatory treatment of such materials.

Information on this website
The information (excluding product descriptions and prices which are governed by our Terms and Conditions of Sale below) contained on this website is given for general information and interest purposes only and does not constitute any form of advice or recommendation. Whilst we try and ensure the information contained on the website is accurate and up to date, we cannot be responsible for any inaccuracies in the information and we do not give any guarantee that such information will be comprehensive, verified or complete. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this website. Our liability to you as explained below remains unaffected by this.

Linking
We may link to other websites which are not within our control. When you click on these links you will be leaving our website and we are not responsible for these websites in any way and the existence of a link to another website should not be taken to mean that we recommend, sponsor or endorse that linked website, its operator, or its products or services. It is your responsibility to check the terms and conditions and privacy policy on any other website which you visit. If you make a contract with a third party who is named on or linked to from this website, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.

Terms and Conditions of Sale
IMPORTANT: This section of our website sets out terms and conditions which relate specifically to the sale of products by us to you. In addition, the more general terms in the next section will also apply to the sale of products by us to you.

Purchasing from us
By submitting your order you are offering to buy the goods at the price set out in the order. The prices of all goods published on this website are displayed inclusive of Value Added Tax (VAT) at the applicable rate.

In addition to the price, a delivery charge will be payable by you. You may be given more than one delivery option (for example, standard and express). The relevant delivery charge (in accordance with, where applicable, the delivery option you have chosen) will be as shown on your order at the time you place the order. Details of our delivery charges are set out in the section of our website entitled Delivery Policies.

Delivery
We are not obliged to supply the goods to you until we have confirmed that we have both accepted your order and that it has been despatched. No contract will exist until we have despatched the goods. Any goods on the same order which we have not confirmed to you that they have been despatched will not form part of that contract.

Payment for your order is taken when the goods are ready for despatch.

You do not own the goods until we receive payment in full.

If, before you have submitted your order on the website, you discover you have made a mistake with your order you can rectify your mistake by following the instructions set out in the Ordering Procedures section of our website. How to Shop. If, however, your order has already been submitted, please contact our customer services department immediately. Please do this before we confirm our acceptance of your order. We are unable to rectify mistakes after this time, although you still have the right to cancel described in our Returns Policy. You have certain legal rights to a “cooling off” period after the goods have been delivered to you. Details of these rights and instructions of what you need to do to exercise them are set out in our Returns Policy and we will also remind you when we send our confirmation and acceptance of your order.

Prices are checked regularly. However, if we find the price has changed when we receive your order we will contact you and ask if you wish to proceed. If you confirm that you do wish to proceed then please remember that we will still not be under an obligation to supply the goods until we have confirmed that we both have accepted your order and that it has been dispatched. No contract will exist until we have confirmed this.

Availability and Delivery
We aim to deliver goods to you within five working days (unless otherwise indicated elsewhere on this website) following the date we confirm acceptance of your order but we cannot give an exact delivery date. If any product is not in stock or, for any other reason, it or they can not be delivered to you within 30 days of the date of your order, we will contact you giving you details of the likely delivery date. If you would rather not wait, you may have the right to cancel your order at that time as described in our Returns Policy. If, for any reason, we have already taken payment for your order, we will re-credit your credit or debit card in full for the goods which you have cancelled your order for.

Damaged or deffective goods
We will supply goods that will remain free from defects in materials or caused by workmanship for a period of 12 months (or longer if required by law) from the date of delivery. You should inspect the goods when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible and we will arrange for their return, either to us or the manufacturer (at our option), at no cost to you. If the goods are found to be damaged prior to delivery to you, or defective, we will repair or replace the goods or refund the price paid by you. Details of how to contact us in the event your goods are defective or damaged are set out in our Returns Policy.

Other information of which you need to be aware

We may not necessarily keep a copy of these Terms and Conditions and your order. We advise you to print a copy of them each time you place an order for your information in the future. You should also print and keep a copy of all of the information we send to you by email or otherwise relating to any order(s) you place with us. We know of no documented cases of credit card fraud by the theft of credit card details from our website. All credit card and debit card details which you input on our secure payment pageare protected using encryption technology. You are entitled to cancel any payment made or due to be made in respect of an order in the event that you discover that your card has been used fraudulently by an unauthorised person to buy goods from our website. Your card issuer will be liable to re-credit your credit or debit card in respect of such fraudulent payments. If you discover that fraudulent use has been made of your card, you should immediately notify us and your card issuer and provide full details.

Terms and Conditions of Use and Sale
IMPORTANT: This section governs both your access to and use of this website and also applies to the sale of products by us to you.

Our liability to you
These terms and conditions do not exclude our liability (if any) to you for:

· personal injury or death resulting from our negligence;

· fraud;

· any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

We do not guarantee that this website will be compatible with all or any hardware and software which you may use. We do not guarantee that this website will be available all the time or at any specific time. We reserve the right to withdraw or modify this website at any time.

We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when you access this website or (where you have purchased goods from us) when the contract for the sale of goods to you by us was formed. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits (whether direct or indirect), lost revenue, anticipated savings, lost business opportunities and/or goodwill, or business interruption whether or not we have been advised of the likelihood of any such losses.

Governing Law and Jurisdiction If you are located within the United Kingdom, the formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the law of England and Wales.

The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.

Any contract between you and us will only be in the English language.