Conditions of Sale

The following Standard conditions of sale, as varied from time to time by the Seller, will govern this transaction and all contracts between the parties except as otherwise specifically agreed in writing by the Buyer and Seller.

1. Orders and Acceptance

a. All orders are accepted by Garden Secret Gifts (The Seller) subject to these terms and conditions below.

b. No binding contract for the sale of goods ordered shall exist until the Seller has accepted the Buyer’s order in writing in the form of an invoice. Confirmation of order does not constitute a binding contract, only to indicate the order has been received.

2. Prices

a. The price payable for the goods is stated on the website at the time the Buyer places an order.

b. Any price quotation given by the Seller is for information only. All prices quoted are inclusive of Value Added Tax (VAT) and any other duties that may be payable.

c. Not withstanding that an order has been accepted, prices and rates of VAT charged will be those current on the date of despatch to the Buyer.

d. In the instance of a change in price the Seller will notify the Buyer first to ensure the price is acceptable.

3. Payment

a. Payment shall be made by the accepted payment methods of the Seller at the point of order unless otherwise agreed in writing by the Seller.

b. Accepted payment methods are as follows: Credit/Debit Cards, BACS, cheques and Paypal (subject to clearance)

c. Liability to make payment shall arise on the Seller’s acceptance of the Buyer’s order, and the Seller shall be entitled to sue for the current price of goods ordered, even if the property in those goods have not passed pursuant to clause 6.

4. Delivery and Inspection

a. Any complaint to short delivery, quality or damage to goods in transit must be notified to the Seller in writing otherwise than upon a consignment note or delivery document within 48 hours of receipt of the goods and any complaint of failure to deliver goods invoiced must be so notified within 7 days of the date of invoice.

b. The seller will make every effort to keep to delivery and shipment dates but such dates are not to be treated as terms of the contract and the Seller will not be responsible for any loss or damage which may result from a late delivery.

c. The seller shall be entitled to make additional charges in respect of costs arising from any variation in standard delivery arrangements, or if the Buyer does not permit delivery to take place as agreed.

d. For information on delivery charges and schedules please visit delivery information page.

5. Quality and Warranties

a. Liability of the Seller in respect of defective goods shall be restricted to defects notified in accordance with Clause 4 (a) above, and in any event shall (except in the case of death or personal injury caused by the negligence of the Seller) be limited to refunding that part of the purchase price which relates to the defective item.

b. Except as expressly accepted by the seller in these terms, the Seller shall have no liability of any kind to the Buyer, whether arising from the breach of these terms, or a breach of any duty of care owed by the Seller, or otherwise, and no responsibility is accepted by the Seller (except in respect of death or personal injury resulting from the Sellers negligence). For any consequential damage or loss arising directly or indirectly out of the goods supplied by it.

c. All conditions and warranties, whether expressed, or implied by statute or otherwise, (including those as to the merchantable quality of the goods ordered or as to their suitability for any purpose, or correspondence with sample) shall be excluded in so far as they are inconsistent with these terms.

6. Title and Risk

The Seller and the Buyer expressly agree that until the Seller has been paid in full for the goods comprised in the sales contract between them:

a. The goods comprised in that order remain the property of the Seller (although the risk therein passes to the Buyer at the point when the delivery is made to the Buyer).

b. Until property in the goods has passed to the Buyer:

i. The Buyer shall clearly mark or designate the goods so that they remain readily identifiable as the property of the Seller and shall store the same in a proper manner without charged to the Seller. The Seller may recover the goods at any time from the Buyer, if in his possession, and if the amount outstanding from the Buyer to the Seller in respect of those goods shall remain unpaid after the due date for payment has passed, and for that purpose the Seller, its servants and agents may enter upon any land or building upon which the goods are situated.

ii. The Buyer shall hold the goods in the fiduciary capacity of bailee provided that this shall not prevent the Buyer from selling the goods in the ordinary cause of his business and to pass good title to the goods to its customers, being bona fide purchases for value without notice of the Seller’s rights.

iii. In the event of such disposal the proceeds of sale and/or the claims to such proceeds shall at all times be held on trust for the Seller and the Buyer shall pay all such proceeds into a bank account separate from all other monies and the Buyer has the fiduciary duty to the Seller to account to the Seller for the proceeds of sale, but may retain there from an excess of such proceeds over the amount outstanding under the sale contract.

iv. The Seller has the additional right to recover sums due in respect of the goods directly from the Buyer’s customer to the extent unpaid by the customer; if the Seller avails itself of such right the Seller will account to the Buyer for any such excess as aforesaid less any expenses incurred by the Seller in respect of such recovery.

7. Force Majeure

The Seller shall not be liable for failing to perform the contract whether wholly or in part, if the failure is caused either wholly or partly by any circumstances outside the Seller’s reasonable control.

8. Governing Law

The validity, construction and performance of all contracts made between the parties shall be governed by the laws of England.

Conditions of Website Usage

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Garden Secret Gifts relationship with you in relation to this website.

The term “Garden Secret Gifts” or “us” or “we” refers to the owner of the website whose registered office is Unit 2, Lower Road Trading Estate, Ledbury. The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

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.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

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.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

You may not create a link to this website from another website or document without Garden Secret Gifts prior written consent.

Every effort is made to keep the website up and running smoothly. However, Garden Secret Gifts takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.