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Terms and Conditions
Terms and Conditions
(Updated 08 October 2010)
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
1.3 When you use certain Your Kitchen Shop services please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services.
2. Order Process
2.1 Please see the Home delivery information section for information on how to place an order. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 The 'complete this order' stage sets out the final details of your order. Following this, you will be asked to provide payment. Upon the successful receipt of your payment, we will send to you an order confirmation email detailing the products you have ordered. Please note that this email is not an order acceptance from Your Kitchen Shop.
2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and refunds).
3.1 During the Your Kitchen Shop checkout process you will be asked if your goods can be left in a safe place. By checking this box you agree to accept liability for the goods once our nominated courier has delivered them to that safe place. If this box has not been checked (and a safe place specified), all goods must be signed for by an adult aged 18 years or over on delivery.
3.2 Delivery charges and estimated timescales are specified in the Home delivery information section and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Your Kitchen Shop shall be under no liability for any delay or failure to deliver the products within estimated timescales. First Class Royal Mail is generally a 2-3 day service. However Royal Mail advises that it can take up to 15 working-days for delivery. No tracer action can be launched for parcels until this time has elapsed.
3.3 Next Working-Day Delivery and Saturday Delivery is for orders placed before 3pm Monday to Friday. Orders placed on the weekend will be despatched Monday for delivery Tuesday.
3.4 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us or our nominated courier service.
4.1 We take payment from your card at the time we receive your order. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
4.2 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.3 The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:
b) 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 possible and give you the option of confirming 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.
4.4 For information about secure online ordering see Secure Online Shopping.
4.5 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
4.6 All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise (see Home delivery information for further details).
5. Returns, Refunds and Cancellations
5.1 Please see our Returns, Refunds and Cancellations page (below).
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, Your Kitchen Shop will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. Your Kitchen Shop will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Your Kitchen Shop accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, Your Kitchen Shop will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation;
- special or indirect losses
- suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 Your Kitchen Shop's aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2 Your Kitchen Shop shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.3 Your Kitchen Shop reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.4 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).
8.5 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Your Kitchen Shop relating to the use of this website (including the order of products), and sets forth the entire agreement and understanding between you and Your Kitchen Shop for your use of this website.
Refunds Returns and Cancellations
We stand by both the quality of our products and delivery model. However we also know that, for one reason or another, there may be a time when you need to exchange or return something you've bought. Please make sure that you check your items carefully as soon as you take delivery. We also recommend that you keep your shipping delivery notice, which will arrive in the packaging. Below is the Your Kitchen Shop policy, this will in no way affect your statutory rights under Distance Selling Regulations.
If I change my mind...
Within seven days please contact our customer service team. They will arrange to refund the purchase price of the goods. You can either post the goods to us, or we can arrange a courier pick-up (the cost of which will be deducted from the refund).
If there's a fault with the product...
Within thirty days please contact our customer service team. They will ask for a photo of the faulty part/parts to be emailed to us. Upon receipt of this, we will arrange to refund your payment or send the required replacements parts to you.
If the goods appear to be damaged in transit...
If your goods appear to have been damaged in transit, please contact us within 7 (seven) days of receiving the goods. If possible sign for the goods as damaged. If upon opening the packaging you notice damage, please contact out customer service team who will ask you to email a photo of the damage. We can only accept claims for damage within 7 (seven) days of delivery as outside of this period a claim can not be submitted to our courier. Damaged goods may not need to be returned and will be replaced if necessary. Refunds will only be processed if the goods are returned - we are unable to reimburse postage costs.
We understand that at Christmas you may fall outside of the 30 day return policy. We ask that you inspect all goods on receipt to ensure the goods have not been visibly damaged in transit within 7 days of receiving the goods. For any manafacturing fault or unwanted goods we are able to extend our returns date until the 15th January. If you can contact us we will issue you a returns address to send the items back to Your Kitchen Shop. We will arrange for a a refund of the purchase price to be credited to your card. Please be aware that unwanted goods are returned at your own expense. Any manufacturing fault claim will either be replaced or returned depending on the fault as deemed by Your Kitchen Shop.
Cancelling when out of stock...
If an item is out of stock and you wish to cancel please give us a call where we will log it on our system and request you send an email to us to confirm the cancellation.
Distance Selling Regulations
Your Kitchen Shop is committed to ensuring your statutory rights under Distance Selling Regulations.
If you have ordered by telephone or internet, under the Distance Selling Regulations, you have a statutory right to cancel your order and receive a full refund within seven days of you taking delivery of the goods.
To cancel, you can contact our Customer Service Team (see contact us for details) within seven working days (so not including Saturdays, Sundays or public holidays) commencing the day after the day of delivery of your item(s), quoting your order number. We will require written notification via a durable medium (letter, email, fax). You must take reasonable care of the item(s). Return postage is at the expense of the customer.
Definitions and interpretation
Data collectively all information that you submit to World of Garden Products Limited via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Act 1998;
Cookies a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
World of Garden Products Limited, or us World of Garden Products Limited, a company incorporated in England and Wales with registered number World of Garden Products whose registered office is at Sunshine Garden Centre, Durnsford Road, London, N112EL;
UK and EU Cookie Law the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
User or you any third party that accesses the Website and is not either (i) employed by World of Garden Products Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to World of Garden Products Limited and accessing the Website in connection with the provision of such services; and
Website the website that you are currently using, http://www.worldofgardenproducts.co.uk, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
a. the singular includes the plural and vice versa;
c. a reference to a person includes firms, companies, government entities, trusts and partnerships;
d. "including" is understood to mean "including without limitation";
e. reference to any statutory provision includes any modification or amendment of it;
4. We may collect the following Data, which includes personal Data, from you:
b. Date of Birth;
d. Contact Information such as email addresses and telephone numbers;
e. IP address (automatically collected);
f. Web browser type and version (automatically collected);
g. Operating system (automatically collected);
h. A list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected);
Our use of Data
5. For purposes of the Data Protection Act 1998, World of Garden Products Limited is the "data controller".
6. We will retain any Data you submit for 12 months.
7. Unless we are obliged or permitted by law to do so, and subject to any third party disclosures specifically set out in this policy, your Data will not be disclosed to third parties. This includes our affiliates and / or other companies within our group.
8. All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security see the clause below (Security).
9. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
a. internal record keeping;
b. improvement of our products / services;
c. transmission by email of promotional materials that may be of interest to you;
Third party websites and services
10. World of Garden Products Limited may, from time to time, employ the services of other parties for dealing with certain processes necessary for the operation of the Website. The providers of such services do not have access to certain personal Data provided by Users of this Website.
Links to other websites
Changes of business ownership and control
13. We may also disclose Data to a prospective purchaser of our business or any part of it.
14. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
Controlling use of your Data
15. Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:
16. use of Data for direct marketing purposes; and
17. sharing Data with third parties.
Functionality of the Website
18. To use all features and functions available on the Website, you may be required to submit certain Data.
Accessing your own Data
20. You have the right to ask for a copy of any of your personal Data held by World of Garden Products Limited (where such Data is held) on payment of a small fee, which will not exceed £10.
21. Data security is of great importance to World of Garden Products Limited and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website.
22. If password access is required for certain parts of the Website, you are responsible for keeping this password confidential.
23. We endeavour to do our best to protect your personal Data. However, transmission of information over the internet is not entirely secure and is done at your own risk. We cannot ensure the security of your Data transmitted to the Website.
24. This Website may place and access certain Cookies on your computer. World of Garden Products Limited has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
25. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
26. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling World of Garden Products Limited to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
27. This Website may place the following Cookies:
28. Type of CookiePurposeStrictly necessary cookiesThese are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
29. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
30. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
31. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
34. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
You may contact World of Garden Products Limited by email at firstname.lastname@example.org.