Terms & Conditions
Terms & Conditions
(Updated 2nd February 2016)
This website is operated by Garden Oasis Limited (referred to as "Garden Oasis/we/our/us"). We have tried to make these terms and conditions as clear and concise as possible. As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below. Please:
· read through these terms and conditions carefully before using this website
· print a copy for future reference.
We reserve the right to change these terms and conditions at any time. The date of any changes will be posted at the top of this page and it is your responsibility to read the terms and conditions prior to placing an order.
If you are not the end consumer, you confirm that you have authority to bind any business on whose behalf you use this website
When shopping with us, you will be automatically registered on our system and subsequent access to certain services will require you to log in using the email address and password provided when creating your account. In the event that you have any concerns regarding your password details or become aware of any misuse then you must inform us immediately.
2. Order process
All orders that you place on this website will be subject to acceptance of these terms and conditions.
The final stage of the checkout process confirms your order has been successfully placed. We will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Garden Oasis.
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 Shipping & Returns).
Once an order has been placed, the details will be accessible via the ‘order history’ tab at the bottom of the page, unless you have used the ‘Guest’ checkout option, in which case your records will not be accessible through the website so please print out the order acknowledgement and a copy of the current terms and conditions for your own records. If you wish to obtain specific details of your previous orders please contact us.
This website is only for delivery of products to customers to the UK, Ireland and Mainland Europe. All goods must be signed for by an adult aged 18 years or over on delivery, or left as instructed at your own risk.
Free delivery is available to most parts of mainland UK. Any exceptions to this will be detailed in the delivery tab of each product description. The delivery cost can be found by adding the product of interest to the shopping basket, clicking the ‘Estimate Shipping & Taxes’ tab and entering the delivery county and postcode.
We cannot delivery individual orders to multiple addresses; each delivery address would require its own order.
Estimated delivery timescales are listed in the delivery time of the product description and are unique to every product. We make every effort to deliver goods within the estimated timescales; however delays are occasionally inevitable due to unforeseen factors. Garden Oasis shall be under no liability for any delay or failure to deliver the products within the estimated delivery time providing delivery is still made within a reasonable timescale. If delivery is likely to be significantly extended, we will contact you at which point you can either cancel the order or confirm your acceptance to proceed with the order.
Delivery is made using a third party carrier typically between the hours of 7am and 7pm Monday to Friday (excluding bank holidays). Timed or Saturday deliveries may be available but would be subject to a delivery charge. Please contact us to check availability and price prior to ordering.
Unless otherwise stated, delivery will be made to your door. The couriers are not insured to enter your home and are not responsible for any additional lifting, assembly or installation of your goods.
If your order contains more than one item, the items may be delivered separately even if they have the same estimated delivery timescale because our products are despatched from several different locations.
Risk of loss and damage of products passes to you at the time the products are delivered.
We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. 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.
The price you pay is the price displayed on this website at the time we receive your order with the following exception. 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 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.
Payment can be made by Credit / Debit Card or through PayPal.
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.
All prices include VAT (where applicable) at the applicable current rates and include delivery charges, unless expressly stated otherwise (see Shipping & Returns for further details).
5. Returns, Cancellations and Substitutions
We offer a 14 day money back guarantee on unwanted items (excluding perishable, used or made to measure items), please refer to Shipping & Returns for more details. We do not cover the cost of returning unwanted items. We can organise a courier to collect items on your behalf, the cost of which will be deducted from your refund.
In the unlikely event that you receive faulty or damaged goods, please refer to our shipping & returns section.
Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our 14 day money back guarantee. Where applicable, you may cancel your order in accordance with your rights under the Consumer Contracts Regulations 2013 (see the Shipping & Returns page for further details).
All sizes, weights and measurements are approximate but we do try to make sure that they are as accurate as possible.
6. Intellectual Property
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.
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
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.
Subject to Section 7.1 above, Garden Oasis will use reasonable endeavours to verify the accuracy of any information on the website but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the website or that it will be operational and error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. Garden Oasis will not be responsible or liable to you for any loss of content on your device or material uploaded or transmitted to your device through the website and Garden Oasis 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 website.
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.
Subject to Section 7.1 above, Garden Oasis will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on 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
Subject to Section 7.1 above, the aggregate of all claims arising in connection with the goods (whether due to breach of contract, negligence or otherwise) shall not exceed the price paid by you in respect of the goods that are the subject matter of the claim in question.
This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8. Miscellaneous Provisions
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.
We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by appropriate insurance.
Garden Oasis 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 our reasonable control.
To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.