Terms & Conditions

If after checking through our terms and conditions you have further questions or require further clarification with then please phone us on 01277 500490 or email us at online@bonnettsgardenvillage.co.uk.

Acceptance

us, we, the supplier

These Terms and Conditions concern the the purchasing of goods from (us, we, the supplier):

Bonnetts Garden Village a trading name of Bonnetts Garden Village (Brentwood) Ltd a company registered in England and Wales under number 09555411.

Registered office:  1386 London Road, Leigh On Sea, Essex, England, SS9 2UJ

Retail and distribution premises: Mascalls Lane, Brentwood, Essex CM14 5LJ

Telephone: 01277 500490

Email: online@bonnettsgardenvillage.co.uk

Customer, you

These Terms and Conditions concern the the purchasing of goods by:

Yourself, the Customer

These are the terms and conditions on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by the Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

Contract means the legally-binding agreement between you and us for the supply of the Goods;

Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the order;

Durable Medium is any medium which allows information to be addressed personally to the recipient, and enables the recipient to store in a way which is accessible in the future reference;

Goods means the goods advertised on the Website that we supply to you as described on your Order;

Order means the Customer’s order for the Goods purchased from the Supplier;

Privacy Policy means our terms which detail how we will deal with the confidential information you send to us via our website;

Website means our website www.bonnettsgardenvillage.co.uk on which the Goods are advertised.

Description of Goods

The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the goods supplied.

In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

All Goods which appear on the Website are subject to availability.

If we need to make changes to any Goods that we supply to you which are made to comply with applicable law or safety equipment then you will be notofied accordingly.

Personal Information

We retain and use all information strictly under the Privacy Policy.

You agree that we may contact you by email, phone or by pre-paid post.

Basis of Sale

Goods that are advertised on our Website do not constitute a contractual offer to sell you the Goods. When an Order has been submitted on the Website, we have the right to reject your Order for any reason. We will advise you of the reason if this situation does arise.

When you are processing your Order you can edit it at any point prior to payment. It is your responsibility to ensure that all information that you supply is correct. 

Once your order has been placed you will receive an Order Confirmation by email (the Contract). Please check this carefully and contact us immediately should there be an issue as we are not responsible for any inaccuracies on the Order placed by you. 

If you do not receive an Order Confirmation email please contact us immediately.

No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

Price and Payment

The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

Prices and charges include VAT at the rate applicable at the time of the Order.

When you place your order regardless of how you will receive the Goods payment will be taken immediately when you place the Order.

Delivery

If specified by the Customer that the Goods will be delivered, we will deliver the Goods to the Delivery Location by the time or within the agreed period as per your Order Confirmtion. This is except during circumstances beyond either our's or any third-parties involved control.

The Contract will be deemed to be at an end if:

  • we have refused to deliver the Goods
  • if we have been unable to Deliver due to circumstannces beyond our control
  • if received Goods are now no longer required and we have agreed that the Goods will need to be returned to us [see our Returns page for further information].

If we agree your Contract is at an end, payment made under the contract will be returned to you.

We only deliver to addresses inside UK Mainland and Northern Ireland. 

Depending on the nature of your order it may be that different postal services are used for different items (i.e. different courier services have different weight and measurement criteria) so your parcels may arrive at different times. You will of course receive all relevent tracking numbers for your Order. 

If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Locations, we may charge the reasonable costs of redelivering them.

The Goods will become your responsibility from the completion of delivery or Customer collection. It is advisable to examine the Goods before accepting them.

Risk and Title

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

Withdrawal, returns and cancellation

This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following goods (with no others) in the following circumstances:

goods that are made to your specifications or are clearly personalised;

goods which are liable to deteriorate or expire rapidly.

Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel

Subject as stated in these Terms and Conditions, you can cancel the contract until 48 hours prior to the event (i.e. Delivery) specified on your Order confirmation.

To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

Except as set out below, if you cancel the Contract, we will reimburse to you all payments received from you.

Reimbursement

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

For the purpose of these Cancellation Rights, these words have the following meanings:

distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

sales contract means a contract under which a trader transfers or agrees to transfer the goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

Upon delivery/receipt, the Goods will:

  • be of satisfactory quality
  • match their description

Circumstance beyond the control of either party

In the event of any failure by a party because of something that is beyond its reasonable control:

  • the party will advise the other party as soon as reasonably practicable; and;
  • the party’s obligation will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s rights above relating to any right to cancel.

Privacy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy and our Returns Policy.

For the purposes of these Terms and Conditions:

  • Data Protection Laws’ means any applicable law relating to the process of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
  • GDPR’ means the General Data Protection Regulation (EU) 2016/679.
  • Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
  • We are a Data Controller of the Personal Data we Process in providing Goods to you.
  • Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
  • Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
  • We will only Process Personal Data for the purpose identified;
  • We will respect your rights in relation to your Personal Data; and
  • We will implement technical and organisational measures to ensure your Personal Data is secure.

For any enquiries or complaints regarding data privacy, you can contact the Data Controller at the following email address: online@bonnettsgardenvillage.co.uk

Excluding liability

  • The Supplier does not exclude liability for:
    • any fraudulent act or omission, or
    • for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations.
  • Subject to this, the Supplier is not liable for
    • loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or
    • loss (eg. of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

  • The Contract (including any non-contractual matters is governed by the law of England and Wales.
  • Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  • We try to avoid any dispute, so we deal with disputes in the following way: If a dispute occurs a customer should contact us to find a solution. We will aim to respond with an appropriate solution.

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