TERMS AND CONDITIONS OF SALE - "THE AGREEMENT" (CONSUMERS) IMPORTANT: Please read the wording of this Agreement carefully as it contains the terms and conditions ("the Conditions") upon which Gardenbox Limited of Suite 1829, Kemp House, 152 City Road, London EC1V 2NX ("Us"/"We"/"Our") contracts with You as a consumer NOT dealing in the course of a business ("You"/"Your"/"Yourself") for the sale or the supply of goods and services ("Goods") in accordance with the Conditions.
All orders are accepted by us and are subject to the following Conditions:
1 Order All orders which are accepted by us shall be subject to these Conditions and no contract shall be deemed to be in place until we have accepted your order. An order is not accepted until you have paid for the item in full either via your PayPal account or via credit/charge/debit card. Any e-mail, on-screen receipt or other acknowledgement of your order is merely to report that your request has been received and does not in any way denote acceptance of your order regardless of any wording on the e-mail or the receipt. We reserve the right, at any time prior to acceptance, to refuse any order or any part of an order, or to require further or better information to enable us to evaluate and/or process the order. You will be advised if an item is out of stock. You may be offered an alternative product if one is available or you may cancel your order.
2 Payment and Prices Payment shall be made at the time that the order is placed. Goods will not be despatched until we are in receipt of cleared funds. Prices quoted are inclusive of VAT and are current at the time of publishing. While every endeavour will be made to maintain them at their present low level we reserve the right to effect changes without prior notice. Prices will be as confirmed by us when Your Order is confirmed. We reserve the right at any time to correct clerical omissions and errors without any liability on our part.
3 Ownership of the Goods Ownership of the Goods delivered or to be delivered by us will only be transferred to you when the Goods have been delivered to you and we have received cash or cleared funds in full payment of all sums owing to us in respect of the Goods and in respect of any other agreements between you or us.
4 Goods advertised While every effort has been made to portray items accurately on our website and other advertising materials, slight variations may occur. All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will reasonably allow.
5 Limitation of liability All warranties, Conditions or other terms whether express or implied by statute or common law or otherwise are excluded or limited to the fullest extent permitted by law. We exclude all liability for any loss, damage or expense howsoever suffered or incurred by You as the direct or indirect result of the Goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and You hereby irrevocably waive all rights and/or remedies (if any) which You may have or have had in respect of such loss, damage or expense and/or in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods. We shall not be liable for incidental or consequential damages for any breach hereof. Save where expressly provided otherwise in these Conditions, our entire liability under or in connection with: any order or the Goods shall not exceed the price of the Goods;
6 Miscellaneous If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected. We shall not be liable to You for any delay or failure to perform any of Our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, strikes, lock-outs and other industrial disputes, acts of God, war or riots, actions or omissions of third parties.
This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party. We reserve the right to randomly monitor and record our inbound and outbound calls. No delay, neglect or forbearance on our part in enforcing its rights against you shall be construed as a waiver or in any way prejudice any of our rights hereunder. Except for Our affiliates, directors, employees or representatives, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act. This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall have non-exclusive jurisdiction in connection with any dispute arising out of or in connection with it and to which jurisdiction You irrevocably submit.