1. General
1.1 Every effort will be made to ensure that all products displayed on our website are either available from us or the original supplier. However, we offer no guarantee of availability and this electronic publication does not constitute an offer for sale.
1.2 All measurements are approximate.
1.3 Most products require full or part assembly. It is the Customer’s responsibility to ascertain this information prior to purchase should it be deemed a condition of purchase on the Customer’s part.
1.4 The reproduction of colours is as accurate as the photographic and production process will allow.
1.5 All risk in the products we supply to the Customer, in particular the risk of any loss or damage, shall pass to the Customer on delivery of the products to the address specified on the order. Ownership of the products shall not pass to the Customer until we have received payment in full in respect of such products.
1.6 We shall not be liable and thus offer no compensation for any indirect losses the Customer may suffer, including any loss of profit, wasted time including time off work, income or anticipated savings as a result of our failure to comply with these terms or our negligence. However, our liability in respect of any death or personal injury caused by our negligence shall not in any way be restricted.
1.7 These terms, constitute the entire terms on which we will provide products to the Customer, and cancel and supersede all prior arrangements and representations, whether verbal or written.
1.8 We may amend these terms from time to time at our discretion without notice to the Customer. Any amendments will be posted on this website and will supersede any terms and conditions previously published by us.
1.9 No delay or failure by ourselves in exercising or enforcing any of our rights or remedies under these terms shall operate as a waiver of those rights.
1.10 If any one or more of the provisions of these terms should be held by any court to be unenforceable, such provision shall be validly restated to represent as much as possible the intent of the clause and, if such clause cannot be restated for any reason, it shall be severable from these terms and deleted.
1.11 The Customer may not assign or sub-contract any of their rights or obligations under these terms to any person without our prior written consent. No third party shall be entitled to enforce any of these terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
1.12 All matters concerning and incidental to any offer or agreement for the purchase and sale of products from our website shall be in English and construed and governed according to English law, and the English courts shall have exclusive jurisdiction in all such matters.
2. Force Majeure
2.1 We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is non foreseeable and beyond our reasonable control, thus making performance inadvisable, commercially impracticable, illegal, or impossible.
3. Prices
3.1 The price shown for the products excludes postage and packaging unless specifically stated. The charge for Delivery if applicable, is shown at the Checkout level once the Customer has entered their personal details, but before any payment information is taken.
3.2 Delivery prices are for delivery within mainland UK. Prices for deliveries off shore and abroad will be applicable on request.
3.3 The reductions shown in clearance sections are reductions from the original price charged on the website.
3.4 All prices listed include VAT where applicable.
4. Delivery
4.1 This website is only for delivery of products to customers within mainland UK. We cannot deliver to Ireland, Isle of Man, Channel Islands, Scottish Islands, and BFPO addresses. This also applies to European delivery destinations.
4.2 We make every effort to deliver goods within reasonable timescales and on the date stated. However, delays are occasionally inevitable due to unforeseen factors and all products are subject to availability. Bobs Garden Stuff shall not be liable for any delay or failure to deliver the products within estimated or stated timescales.
4.3 Bobs Garden Stuff reserves the right to process orders as a Direct Home Delivery via the supplier.
4.4 Risk of loss and damage of products passes to the Customer on the date when the products are delivered.
4.5 Customers must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that the Order is going to, but also the name of its recipient. We will not be liable for the delivery of an Order as a result of incomplete or inaccurate information provided. Parcels may require a signature on delivery.
4.6 Should a delay occur within our knowledge, then every effort will be made to advise the Customer.
5. Payment
5.1 Payment is automatically taken from the Customer’s card at the time we receive the order. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform the Customer of this as soon as possible. A full refund will be given where the Customer has already paid for the goods.
5.2 The price to pay is the price displayed on this website at the time we receive the order. The following exception applies: 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 the Customer has ordered we will inform the Customer as soon as possible and give the option of reconfirming the order at the correct price or cancelling it. If we are unable to make contact we will treat the order as cancelled. If the Customer cancels and has already paid for the goods, they will receive a full refund.
5.3 All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise.
5.4 Title to any products ordered on this website shall pass to the Customer on delivery provided that we have processed and received payment in full for the products.
5.5 Payment can be made by any method specified on the website, unless it is an international purchase in which case payment can only be made via a Bank Transfer in Sterling.
6. Refunds
6.1 Where a refund is applicable this shall be processed between 1-7 working days.
6.2 A full refund shall be given in the event of a product not being available nor an alternative being acceptable.
6.3 A full refund shall be given in the event of damaged or faulty product whereby a replacement is not available. Bobs Garden Stuff reserves the right to provide a like for like replacement product if available.
6.4 If a refund is offered following a Customer’s request to return an as ordered, undamaged product, we will refund the original purchase price, less the original delivery charge if applicable, provided that the Product is returned to us in a saleable condition.
6.5 If a refund is offered as a consequence of a late accepted delivery, then this shall not equate to more than the delivery charge paid.
7. Returning an item
7.1 Where a product is being returned for whatever reason it must be appropriately re-packaged and clearly labelled as advised, for its return.
7.2 Refunds shall be processed on return as described in Clause 5.
7.3 Where a product is damaged or faulty we shall organise the collection. However, if the customer has decided to return the product for personal reasons there will be a Collection Fee which will be advised at the time of notification. This fee will be deducted from the refund amount ie. the purchase price. However, the Customer may return the product themselves to have this charge waived. All items to be returned must be in the original packaging the items arrived in as these need to be as secure as possible for the the courier to collect. Failure to do this may result in a non collection. Any faults or damages to the product/item must be reported with 24hrs of receiving the goods along with photographs and a full description of the damage.
7.4 If a collection has been agreed and arranged with the Customer, and yet on arrival at the property it could not be executed, then a wasted journey fee may be chargeable.
7.5 Bobs Garden Stuff reserves the right to arrange any product exchanges via the supplier direct.
8. Cancellation
8.1 Orders can be cancelled at any time prior to the scheduled delivery date for a full refund.
9. Confidentiality
9.1 All Customer information including credit/debit card details are subject to and in accordance with the Data protection Act. Such details are not passed to third parties nor used in unsolicited communication.
10. Consumer Rights
10.1 The above Terms and Conditions do not affect the Customer’s statutory consumer rights.
