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Terms and Conditions

Terms and Conditions (applicable to orders not placed over the website)

1.             Definitions

1.1          When the following words with capital letters are used in these Terms, this is what they will mean:

Business Day: means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

Contract means the contract between Us and you for the sale and purchase of the Goods in accordance with these Terms.

Dispatch Confirmation: is as defined in clause 2.4.

Distance Means: means an Order placed by post, telephone, fax or email.

Event Outside Our Control: is defined in clause 12.2.

Goods: the goods that We are selling to you as set out in the Order.

Insolvency Event: means (i) the taking of any action for or with a view to the making of an administration order or the appointment of an administrator in respect of  you/the customer or (ii) the taking of any action for or with a view to the winding-up, dissolution, liquidation, reconstruction or reorganisation of you/the customer or (iii) you/the customer becoming insolvent or unable to pay your debts or entering into a voluntary arrangement or other dealing with any of your creditors with a view to avoiding, or in expectation of, insolvency or stopping or threatening to stop payments to creditors generally or (iv) an encumbrancer taking possession or an administrator, receiver or manager being appointed of the whole or any material part of you/the customer’s assets and includes any equivalent or analogous proceedings by whatever name known in whatever jurisdiction.

Non-Distance Means: means an order placed in person at Redcliffe Garden Centre.

Order: your order for the Goods placed in person at Redcliffe Garden Centre or via post, telephone, fax or email which shall include details of the Goods to be supplied and all relevant dimensions.

Terms: the terms and conditions set out in this document.

We/Our/Us: means Namgrass UK Limited (registered in England and Wales with company number 06949954).

1.2          When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.

1.3          Where We make a reference to a statute or statutory provision such reference is to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

1.4          Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

2.             Our contract with you

2.1          These are the terms and conditions on which We supply Goods to you.

2.2          Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you place an Order. If you think that there is a mistake or you require any changes, please contact Us to discuss. We will confirm any changes in writing.

2.3          When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Goods, We will inform you of this and We will not process the Order.

2.4          These Terms will become binding on you and Us when We issue you with a written acceptance of an Order or We contact you to confirm that We are able to provide you with the Goods (Dispatch Confirmation), at which point a contract will come into existence between you and Us.

2.5          We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.

2.6          Our website, catalogue and brochure are solely for the promotion of Our Goods in the UK. Unfortunately, We do not accept orders from or deliver to addresses outside the UK.

2.7          The images of the Goods on Our website and in Our catalogue or brochure are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s display of the colours or the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.

2.8          Upon request We may provide you with details of third parties who can offer installation services in respect of the Goods. Such third parties are entirely independent of Us and you will be required to enter into a contract direct with the third party should you require their services. We accept no liability for the acts or omissions of such third parties and give no warranty or other guarantee as to the services offered by such third parties.

3.             Changes to order or terms

3.1          We may revise these Terms from time to time, including as a result of changes in relevant laws and regulatory requirements.

3.2          If We have to revise these Terms under clause 3.1, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the Contract in accordance with clause 13.

3.3          You may make a change to the Order for Goods within 2 days of placing an Order by contacting Us, except in the case of made-to-measure Goods. Where this means a change in the total price of the Goods, We will notify you of the amended price in writing. If you are a consumer, you can choose to cancel the Order in accordance with clause 13.1 in these circumstances.

3.4          If you are a consumer and you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 13. In the case of made-to-measure Goods, unfortunately, because We make these Goods to your specific requirements, you will not be able to cancel an Order once it is made.

4.             Made to measure

4.1          We make the Goods according to the measurements you provide Us.

4.2          Please make sure your measurements are correct and accurate. Unfortunately, We cannot accept the return of made-to-measure Goods if the reason for the return is because you provided Us with incorrect measurements. However, this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described. Advice about your legal rights is available at your local Citizen’s Advice Bureau or Trading Standards office.

5.             Delivery of goods

5.1          Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Unfortunately We do not accept orders from or deliver to addresses outside the UK.

5.2          If you have asked to collect the Goods from Our premises, you can collect the Goods from Us at any time during Our working hours of 8am – 4:30pm on weekdays and by appointment only on Saturdays and on Sundays.

5.3          In most cases We shall use a subcontractor to deliver the Goods to you.

5.4          If no one is available at your address to take delivery, We will leave you a note to explain that We have been unable to deliver the Goods, in which case, please contact Us to rearrange delivery using the contact details provided on the note.

5.5          If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in instalments. We will not charge you extra delivery costs for this.

5.6          Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us or you or a carrier organised by you collect them from Us and the Goods will be your responsibility from that time.

Clauses 5.7 to 5.10 only apply if you are a consumer.

5.7          We will contact you with an estimated delivery date, which will be within 30 days after the day on which We accept your Order. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 12 for Our responsibilities when this happens.

5.8          If We miss the 30 day delivery deadline for any Goods then you may cancel your Order straight away if any of the following apply:

(a)        We have refused to deliver the Goods;

(b)        delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c)        you told Us before We accepted your Order that delivery within the delivery deadline was essential.

5.9          If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 5.8, you can give Us a new deadline for delivery, which must be reasonable, and you can cancel your Order if We do not meet the new deadline.

5.10        If you do choose to cancel your Order for late delivery under clause 5.8 or clause 5.9, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to Us or allow Us to collect them, and We will pay the costs of this. After you cancel your Order We will refund any sums you have paid to Us for the cancelled Goods and their delivery.

The remainder of this clause 5 only applies if you are a business customer.

5.11        Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Goods that is caused by an Event Outside Our Control or your failure to provide Us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

5.12        If We fail to deliver the Goods, Our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.

5.13        If you fail to take delivery of the Goods when We try to deliver them to you, then:

(a)        delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day after the day on which We tried to deliver the Goods to you or on which We made you aware the Goods were available for collection; and

(b)        We will store the Goods until delivery takes place, and charge you for all related costs and expenses (including insurance).

5.14        If 10 Business Days after the day on which We sought to deliver the Goods to you or on which We made you aware the Goods were available for collection, you have not taken delivery of them, We may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.

6.             Ownership of the Goods

6.1          Ownership of the Goods shall not pass to you until the earlier of the date on which:

(a)        We receive payment in full (in cash or cleared funds) for the Goods; and

(b)        (where you are a business customer) you resell the Goods, in which case title to the Goods shall pass to you at the time specified in clause 6.3.

The remainder of this clause 6 shall only apply to business customers.

6.2          Until title to the Goods has passed to you, you shall:

(a)        store the Goods separately from all other goods held by you so that they remain readily identifiable as Our property;

(b)        not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;

(c)        maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;

(d)        notify Us immediately if an Insolvency Event occurs in relation to you; and

(e)        give Us such information relating to the Goods as We may require from time to time.

6.3          Subject to clause 6.4, you may resell or use the Goods in the ordinary course of your business (but not otherwise) before We receive payment for the Goods, however, if you resell the Goods before that time:

(a)        you do so as principal and not as Our agent; and

(b)        title to the Goods shall pass from Us to you immediately before the time at which resale by you occurs.

6.4          If, before title to the Goods passes to you, you become subject to an Insolvency Event, then, without limiting any other right or remedy We may have:

(a)        your right to resell the Goods or use them in the ordinary course of your business ceases immediately; and

(b)        We may at any time:

(i)         require you to deliver up all Goods in your possession which have not been resold, or irrevocably incorporated into another product; and

(ii)        if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.

7.             If the goods are faulty. This clause only applies if you are a consumer

As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

8.             Third-party manufacturer’s guarantee of goods

8.1          The Goods come with a manufacturer’s guarantee. For details, please refer to the manufacturer’s guarantee provided with the Goods.

8.2          This clause only applies if you are a consumer. This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

9.             Price and payment

9.1          The price of the Goods will be set out in Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.

9.2          Our prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.

9.3          The prices for the Goods exclude delivery costs, which will be added to the total amount due.

9.4          Where We are providing Goods to you, you must make payment for the Goods in advance by credit or debit card.

9.5          If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.

9.6          If you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 9.5 will not apply for the period of the dispute.

10.          Our liability if you are a business customer. This clause 10 only applies if you are a business customer.

10.1        Nothing in these Terms limits or excludes Our liability for:

(a)        death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;

(b)        fraud or fraudulent misrepresentation;

(c)        breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d)        any matter in respect of which it would be unlawful for Us to exclude or restrict liability.

10.2        Subject to clause 10.1, We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a)        any loss of profits, sales, business, or revenue;

(b)        loss of business opportunity;

(c)        loss of anticipated savings;

(d)        loss of goodwill; or

(e)        any indirect or consequential loss.

10.3        Subject to clause 10.1, Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 75% of the total price of the Goods.

10.4        Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Goods are suitable for your purposes.

11.          Our liability if you are a consumer. This clause 11 only applies if you are a consumer.

11.1        If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of these Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time We entered into the Contract.

11.2        We only supply the Goods for your domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3        We do not in any way exclude or limit Our liability for:

(a)        death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;

(b)        fraud or fraudulent misrepresentation;

(c)        any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d)        any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);

(e)        defective products under the Consumer Protection Act 1987; or

(f)         any matter in respect of which it would be unlawful for Us to exclude or restrict liability.

12.          Events Outside Our Control

12.1        We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

12.2        An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

12.3        If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

(a)        We will contact you as soon as reasonably possible to notify you; and

(b)        Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.

12.4        If you are a consumer, you may cancel the Contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 13.

12.5        We will only cancel the Contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 14.

13.          Your rights to cancel and applicable refund. This clause only applies if you are a consumer.

13.1        Before the Goods are delivered, you have the following rights to cancel an Order for Goods (other than made-to-measure Goods), including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:

(a)        you may cancel any Order for Goods within 2 days of placing an Order by contacting Us. We will confirm your cancellation in writing to you;

(b)        if you cancel an Order under clause 13.1(a) and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you and any delivery charges; and

(c)        unfortunately, if you cancel an Order for Goods under clause 13.1(a) and We have already despatched your Goods to you, We will not be able to cancel your Order until it is delivered or collected. In this case, if you return the Goods to Us, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods themselves, but We will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.

13.2        Unfortunately, as the made-to-measure Goods are made to your requirements, you will not be able to cancel your Order once made (but this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described).

13.3        This clause 13 doesn’t effect your right to cancel under clause 21 (if applicable).

14.          Our rights to cancel and applicable refund

We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:

(a)        We will promptly contact you to let you know;

(b)        if you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you; and

(c)        where We have already started work on your Order for made-to-measure Goods by the time We have to cancel under clause 14(a), We will not charge you anything and you will not have to make any payment to Us.

15.          Information about us

15.1        We are a company registered in England and Wales. Our company registration number is 06949954 and Our registered office is at Redcliffe Garden Centre, Bashley Road, Bashley, New Milton, Hampshire, BH25 5RY. Our registered VAT number is 978612768.

16.          How we may use your personal information

16.1        We will use the personal information you provide to Us to:

(a)        provide the Goods;

(b)        process your payment for such Goods; and

(c)        inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.

16.2        You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.

16.3        We will not give your personal data to any other third party.

17.          Additional terms if you are a business customer. This clause 17 only applies if you are a business customer

17.1        You confirm that you have authority to bind any business on whose behalf you place an Order.

17.2        These Terms and any document expressly referred to in them constitutes the entire agreement between you and Us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between Us, whether written or oral, relating to its subject matter.

17.3        You acknowledge that in entering into the Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

17.4        You and We agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

18.          Contacting us if you are a consumer and you place your order by Non-Distance Means

18.1        If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Us on 01425 627832 or by e-mailing Us at info@namgrass.co.uk.

18.2        If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the Contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Namgrass UK Limited at Redcliffe Garden Centre, Bashley Road, Bashley, New Milton, Hampshire, BH25 5RY or info@namgrass.co.uk. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.

19.          Contacting Us if you are a consumer and you place your order by Distance Means

19.1        To cancel an Order in accordance with your legal right to do so as set out in clause 21, you just need to let Us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form in the schedule to these Terms. You can return the form to Us via e-mail at info@namgrass.co.uk or by post to Redcliffe Garden Centre, Bashley Road, Bashley, New Milton, Hampshire BH25 5RY or contact Us by telephone on 01425 627832. If you are emailing Us or writing to Us please include details of your Order to help Us to identify it. If you send Us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send Us the e-mail or post the letter to Us.

19.2        If you wish to contact Us for any other reason, including because you have any complaints, you can contact Us by telephoning Us on 01425 627832 or by e-mailing Us at info@namgrass.co.uk.

19.3        If We have to contact you or give you notice in writing, We will do so by e-mail or by pre-paid post to the address you provide to Us in your Order.

20.          Contacting us if you are a business customer

20.1        You may contact Us by telephoning Us on 01425 627832 or by e-mailing Us at info@namgrass.co.uk.

20.2        If you wish to give Us formal notice of any matter in accordance with these Terms, the following provisions apply:

(a)        Any notice or other communication given by you to Us, or by Us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.

(b)        A notice or other communication shall be deemed to have been received: if delivered personally, when left at Our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.

(c)        In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

(d)         The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

21.          Your consumer right of return and refund. This clause only applies if you are a consumer and you placed your order by Distance Means.

21.1        If you are a consumer, you have a legal right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 21.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep any Goods (called products for the purposes of clause 21.3, you can notify Us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

21.2        However, this cancellation right does not apply in the case of:

(a)        any Goods which become mixed inseparably with other items after their delivery; or

(b)        Goods that are made to your specifications or which are clearly personalised.

21.3        Your legal right to cancel the Contract starts from the date of the Dispatch Confirmation, which is when the Contract between Us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

 

Your Contract End of the cancellation period
Your Contract is for a single product (which is not delivered in instalments on separate days). The end date is the end of 14 days after the day on which you receive the product.Example: if We provide you with a Dispatch Confirmation on 1 January and you receive the product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:·         one product which is delivered in instalments on separate days.·         multiple products which are delivered on separate days. The end date is 14 days after the day on which you receive the last instalment of the product or the last of the separate products ordered.Example:  if We provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your product or the first of your separate products on 10 January and the last instalment or last separate product on 15 January you may cancel in respect of all instalments and any or all of the separate products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a product over a set period. The end date is 14 days after the day on which you receive the first delivery of the products.Example: if We provide you with a Dispatch Confirmation on 1 January in respect of products to be delivered at regular intervals over a year and you receive the first delivery of your products on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all products to arrive during the year.

21.4        To cancel the Contract, you just need to let Us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form, a copy of which is attached to these Terms as a schedule. You can also e-mail Us at info@namgrass.co.uk or contact Us by telephone on 01425 627832 or by post to Redcliffe Garden Centre, Bashley Road, Bashley, New Milton, Hampshire BH25 5RY. If you are e-mailing Us or writing to Us please include details of your Order to help Us to identify it. If you send Us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send Us the e-mail or post the letter to Us. For example, you will have given Us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail Us before midnight on that day.

21.5        If you cancel your Contract We will:

(a)        refund you the price you paid for the Goods. However, please note We are permitted by law to reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If We refund you the price paid before We are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay Us an appropriate amount.

(b)        refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method We offer (provided that this is a common and generally acceptable method).

(c)        make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i)         if you have received the Goods and We have not offered to collect it from you: 14 days after the day on which We receive the Goods back from you or, if earlier, the day on which you provide Us with evidence that you have sent the Goods back to Us.  For information about how to return Goods to Us, see clause 21.8; and

(ii)        if you have not received the Goods or you have received them and We have offered to collect them from you: 14 days after you inform Us of your decision to cancel the Contract.

21.6        If you have returned the Goods to Us under this clause 21 because they are faulty or mis-described, We will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to Us.

21.7        We will refund you on the credit card or debit card used by you to pay.

21.8        If Goods have been delivered to you before you decide to cancel your Contract:

(a)        then you must return them to Us without undue delay and in any event not later than 14 days after the day on which you let Us know that you wish to cancel the Contract. You can either send them back, return them to Us in-store or hand them to Our authorised carrier. If We have offered in writing to collect the Goods from you, We will collect the Goods from the address to which they were delivered. We will contact you to arrange a suitable time for collection; and

(b)        unless the Goods are faulty or not as described (in this case, see clause 21.6), you will be responsible for the cost of returning the Goods to Us. If the Goods are ones which cannot be returned by post, We estimate that if you use the carrier which delivered the Goods to you, these costs should not exceed the sums We charged you for delivery. If We have offered to collect the Goods from you, We will charge you the direct cost to Us of collection.

21.9        As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 21 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

22.          Other important terms

22.1        We may transfer Our rights and obligations under these Terms to another organisation, but this will not affect your rights under the Contract or the obligations owed to you under the Contract.

22.2        You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.

22.3        The Contract is between you and Us. No other person shall have any rights to enforce any of its terms.

22.4        Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

22.5        If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

22.6        Except as set out in these Terms, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by Us.

22.7        These Terms are governed by the laws of England and Wales. This means a Contract for the purchase of Goods and any dispute or claim arising out of or in connection with it will be governed by the laws of England and Wales.

22.8        If you are a consumer, you and We both agree that the courts of England and Wales will have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims)..

22.9        If you are a business customer, We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

SCHEDULE – MODEL CANCELLATION FORM (FOR CONSUMERS ORDERING BY DISTANCE MEANS ONLY)

(Complete and return this form only if you wish to withdraw from the Contract)

To: Namgrass UK Limited of Redcliffe Garden Centre, Bashley Road, Bashley, New Milton, Hampshire, BH25 5RY, email address: info@namgrass.co.uk and telephone number: 01425 627832

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

 

[*] Delete as appropriate

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