Terms and conditions of supply

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This page, and the documents referred to on it, tells you the terms and conditions under which we supply any of the products listed on our website www.merryhatton.co.uk.

Please read these terms and conditions carefully before ordering any products from our site.

You should understand that by ordering any of our products you agree to be bound by these terms and conditions

1. Information about us

1.1 www.merryhatton.co.uk is a site operated by Merryhatton Garden Centre.

1.2 Our customer service address is Merryhatton Garden Centre, East Fortune, North Berwick, East Lothian EH39 5JS.

2. How the contract is formed

2.1 After placing an order, you will receive an email confirming that your order is being processed. We will charge your credit or debit card at the time of checkout.

2.2 All orders are subject to acceptance by us by sending you an email confirming despatch (the Despatch Confirmation), at which stage the contract is formed. If we cannot fulfil your order for any reason, we will let you know as soon as possible and provide a full refund.

3. Links

3.1 We provide links to the websites of other companies. We are not responsible for the products or the service provided by third party companies. This disclaimer does not affect your statutory rights against that third party.

4. Consumer rights

4.1 To cancel a contract, you must inform us in writing or by sending an email to sales@merryhatton.co.uk. You must contact us to arrange return the product(s) to us as soon as possible at the customer service address above in an unused, undamaged and re-saleable condition. You are responsible for paying the cost of returning the product(s).

4.2 Please note that 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.

4.3 Except where a product is defective, you may not cancel a contract for the supply of any of the following:
(a) Products produced or altered to your own specification;
(b) Perishable goods, including fresh foods or plants;
(c) DVDs or CDs where you have broken the seal.

5. Availability and delivery

5.1 Delivery details differ for the different categories of products that we sell via our online shop. Full delivery details are given on each product page.

5.2 Where a product is out of stock we will offer you a refund or, where you have agreed, provide a substitute product.

5.3 On delivery, please ensure that you check the goods are received in good condition. You should only sign for them if they are undamaged. If in the unlikely event your goods have been damaged please refuse the delivery or sign as “damaged on receipt”. “Unchecked” is not a valid status for all courier companies. Damages must also be reported to both ourselves and our couriers in writing within 48 hours. Failure to do so may lead to us being unable to replace goods damaged in transit.

6. Product description and image accuracy

6.1 We try to give you the fullest information about the product including an image. However, there may be small variations in colour, texture and size. If something is not clear on the website, please call us on 01620 880298 or email sales@merryhatton.co.uk to confirm any details you require before ordering. We will accept returns in these circumstances only if the carriage is paid by the customer. If there is a genuine mistake on the website we will of course rectify the situation to a satisfactory conclusion.

7. Risk and title

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

7.2 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.

8. Price and payment

8.1 Prices include VAT but exclude delivery costs, which will be added to the total amount due before you submit your order.

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

8.3 If we have made a pricing error by displaying a lower price than the correct price, we will either contact you for instructions before despatching the product or reject your order and notify you of such rejection. If the pricing error is not our mistake, we are under no obligation to provide the product to you at the incorrect (lower) price.

8.4 If we have incorrectly displayed a higher price, we will confirm the correct price to you in the Dispatch Confirmation and refund the difference to your card.

8.5 When we receive Your Order, we will place a “hold” on Your payment card for the total value of Your Order. If the “hold” on Your card has been authorised by Your bank or building society, we will take payment, for the Merchandise, from Your card immediately before Your Merchandise, or the first part of the Merchandise that You have ordered, is dispatched. You should note that placing a “hold” on Your card or taking payment from Your card does not constitute acceptance of Your Order. Our contract is created only when we send You an email confirming that we have dispatched Your Merchandise or the first part of the Merchandise covered by Your Order.

9 – Our refunds policy

9.1 When you return a Product to us:
(a) because you have said the Product is defective, we will examine the returned Product and if we are satisfied that it is defective we will replace it or provide a refund. If we need to we may send it back for to the manufacturer for an opinion. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
(b) because you want to exchange it for another item, for example a different size or model, we will examine the returned Product, and providing that it is not damaged and is returned in its original condition, within 28 days of ordering, we will exchange it for an item of the same value. If the replacement item costs more you will be charged the difference. You will
be responsible for the cost of returning the original item to us, and you will be charged for delivery of the replacement item. 9.2 We will usually refund any money to the card used to pay for your purchase.

10 – Our liability

10.1 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.

10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

10.3 We are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.

11 – Notices

11.1 All notices given by you to us must be given to Merryhatton Garden Centre at sales@merryhatton.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.

12 – Events outside our control

12.1 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).

12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks;
(f) The acts, decrees, legislation, regulations or restrictions of any government.

12.3 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.

13 – Entire agreement

13.1 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

14 – Our right to vary these terms and conditions

14.1 We may revise and amend these terms and conditions from time to time.

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