Terms & Conditions

We aim to dispatch all orders as quickly as possible.

ABOUT US

This website is owned and operated by Pengethley Garden Centre. Any suggestions, comments or if you need to contact us please use the details below:

OUR CONTACT DETAILS:

Pengethley Garden Centre
Peterstow
Ross-on-Wye
Hereford
Herefordshire
HR9 6LL

Tel no: 01989 730 284

You can also contact us via our contact page.

MAKING A PURCHASE

This section informs you of the terms and conditions on which we supply any of the products listed on our website www.pengethleyonline.co.uk to you. Please read these terms and conditions before ordering any products. You should understand that by placing an order with any of our products, you agree to be bound by these terms and conditions.

Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from our site.

1) INFORMATION ABOUT US

www.pengethleyonline.co.uk is a site operated by Mr Ben Taylor (trading as Pengethley Garden Centre).

2) SERVICE AVAILABILITY

Our site is available for use by individual’s resident in any country within UK.

We reserve the right at any time to add to remove or otherwise vary the countries we sell to.

3) YOUR STATUS

By placing an order, you warrant that:
You are legally capable of entering into binding contracts, you are at least 18 years of age and you are a resident within the UK.

4) HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. 

This does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched. The contract between us will only be formed when we send you the Dispatch Confirmation.

The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products, which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

5) OUR STATUS

We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. 

This disclaimer does not affect your statutory rights against the third-party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third-party seller.

6) CONSUMER RIGHTS / CANCELLING YOUR ORDER

As a consumer, you may cancel a contract at any time within 7 working days, beginning on the day after you received the Products (or, if being collected by the customer or his agent – beginning the day after the goods are stated as being ready for collection). In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy set out in clause 10 below.

To cancel a contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them inclusive of all original packaging, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

7) AVAILABILITY AND DELIVERY

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation. We aim to dispatch goods in stock within 1-3 working days of receipt of order.

Delivery is to a mainland UK address (not a PO Box Number and this excludes Highlands and Islands of Scotland, I.O.M and Northern Ireland). For these areas mentioned, please call our helpline on 01989 730 284 to arrange delivery and find out information on costs. 

For your convenience and speed, items are sent by courier or, for small items at our discretion by Royal Mail post. Where goods are sent by courier, it is a requirement that delivery of goods are signed for by an adult over 18 years of age. If you are unable to be at home during delivery, then please notify us ASAP. If a customer requests that items are to be left, ‘in a shed’, ‘conservatory’, ‘behind the bins’ or other unsecure, un-documented place within the grounds of your home – this is ENTIRELY at your (the customers) risk. Pengethley Garden Centre may at its discretion agree to the above however all risk is passed to you.

Delivery to non-UK address’ will be made by our nominated courier and will be made in accordance with the couriers’ normal delivery requirements. You will be advised of delivery details and costs prior to dispatch of the order.

You must advise us of any non-delivery of goods within 5 days of dispatch.

From time to time delays in delivery are inevitable due to non-availability of products. If we are unable to deliver the goods ordered by yourself, we will notify you or we may, at our discretion, supply or deliver a substituted product or refund any monies paid for such goods.

From time to time product specifications from a manufacturer may change. In such circumstances we will do our best to offer you a similar alternative. All sizes and measurements are approximate and are as provided by the manufacturer’s specification. We cannot take any liability for the inaccuracy or otherwise in relation to any specifications or measurements provided by a manufacturer or other third party.

Delivery Rates & Schedule

Standard UK delivery (Royal Mail) for small parcel bag up to 2kgs –  £3.00
Standard UK delivery (APC) for items small parcel up to 5kgs is £6.95
Standard UK delivery (APC) for large parcel up to 20kgs is £9.50
Standard UK delivery (APC) for extra large parcels up to 30kgs is £12.00

Pengethley Garden Centre reserves the right to only deliver to the address where the payment card is registered.

We dispatch your order as quickly as possible, usually the day it is received. Otherwise we normally dispatch orders 3 to 5 business days after being received, or occasionally longer if there are delays outside of our control in which case, we will contact you and advise you fully. 

You must inform us within 2 working days of receipt if the goods are lost or damaged in transit so that we can make a prompt claim against the delivery company and correct the problem. Please quote your order number in all correspondence. 

You agree that proof of delivery and therefore acceptance of the item supplied by our delivery company is sufficient evidence to establish that goods have been received in good condition. If you are unhappy with the condition of the package when it is received, please do not sign for the item as we cannot refund you due to any damage found.

Tax Charges For orders made from the UK, the current rate of VAT will be added. All other orders are VAT free.

8) RISK AND TITLE

The Products will be at your risk from the time of delivery.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

9) PRICE AND PAYMENT

The price of any products will be as quoted on our website except in cases of obvious error.

These prices include VAT but exclude delivery costs, which will be added to the total amount due.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

Our site contains many Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Products correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

Payment for all Products must be by credit, debit card or bank transfer. We accept payment with all major credit cards including Mastercard, Visa and American Express.

10) OUR REFUNDS POLICY

When you return a Product to us: Because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the product in full, however, you will be responsible for the cost of returning the item to us. For any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies) and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail the amount of the refund. In relation to any products returned by you because of a defect these will be either refunded or repaired/replaced at the discretion of the manufacturer of the product in accordance with clause 10.2 below.

Any goods sold by us will have the benefit of the manufacturers warranties which will be for 12 months unless otherwise stated. All warranties are subject to the manufacturer’s terms and conditions. Any defective goods returned to us within the manufacturer’s warranty period will be repaired or replaced at the sole discretion of the manufacturer and will be subject to compliance with the terms of their warranty. All other warranties and guarantees are expressly excluded so far as the law permits.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Refunds outside the 7-day cooling off period are entirely at our discretion, by agreement in advance, and will have a restocking charge applied to them (normally 7.5%).

All statutory rights remain unaffected.

11) OUR LIABILITY

We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our liability for losses you suffer because of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

This does not include or limit in any way our liability: For death or personal injury caused by our negligence; Under section 2(3) of the Consumer Protection Act 1987; For fraud or fraudulent misrepresentation; or

For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to: Loss of income or revenue, Loss of business, Loss of profits, or contracts. Loss of anticipated savings, Loss of data, Loss of data, or Waste of management or office time

Where you buy any Product from a third-party seller through our site, the seller’s individual liability will be set out in the sellers terms and conditions.

12) IMPORT DUTY

If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

13) WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14) NOTICES

All notices given by you to us must be given to Pengethley Garden Centre, Peterstow, Ross-on-Wye, Hereford, HR96LL or info@pengethleyonline.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

15) TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

16) EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes (without limitation) the following: Strikes, lockouts or other industrial action. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Impossibility of the use of public or private telecommunications networks. The acts, decrees, legislation, regulations, or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

17) WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.

18) SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

19) ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other parties only remedy shall be for breach of contract as provided in these terms and conditions.

20) OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

21) LAW AND JURISDICTION

Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales

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