Terms and Conditions.
This legal notice applies to the entire contents of this website under the domain name www.gardx.co.uk ("the Website") and to any correspondence by e-mail or telephone between us and you. Please note that telephone calls to GardX may be recorded for training and security purposes.
Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to place an order with us. If you do not accept these terms, do not use this Website. This notice is issued by GardX Engage Limited.
1. Information about Us
- www.gardxengage.com is a site supplied by GardX Engage Limited ("We") is registered in England and Wales under Company Number 4951862 with its registered office at Unit 7, Clovelly Business Park, Clovelly Road, Southbourne Industrial Estate, Southbourne, Emsworth, Hampshire, PO10 8PE. United Kingdom.
2. Service Availability
- Our site is intended for use by people resident in the United Kingdom. We do not accept offers from individuals outside the United Kingdom.
3. Your Status
- By placing an order through our site, you warrant that you are:
- legally capable of entering into binding contracts;
- at least 18 years old; and
- resident in the United Kingdom.
- We warrant that all Products promoted for sale through this site are of satisfactory quality and reasonably fit for all the purposes for which Products of the kind are commonly supplied. Specifications on this website of the Products to be sold are not intended to be binding and are intended only to give a general description of the Products. In all other respects, and to the maximum extent permissible, we make no other warranties or promises about the Products, and any implied warranties are excluded.
- All Products offered for sale are subject to availability. We regret that occasionally it may be impossible to complete an order if stock runs out or is withdrawn for any reason. But if there is a problem we will let you know as soon as we can.
- We will treat each order for Products, which is confirmed when you click on the ‘NEXT' button on the Order Confirmation Screen, as an offer by you to purchase the Products subject to these terms and conditions. After placing an order you will be assigned an Order Number, which will be displayed on the screen. Please note that 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 and we will confirm such acceptance, after payment by you has been successful, by notifying you that your order for GardX merchandise has been successful and stating a unique Reference Number on the ("the Confirmation Page"). The contract between us will only be formed when you see the Confirmation Page. The Contract will relate only to those Products we have confirmed on the Confirmation Page.
7. Price and Payment
- The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. These prices include VAT but exclude delivery costs, which will be added to the total amount due. All prices displayed on the website are quoted in UK Pounds Sterling and must be paid in full, including delivery charges. Prices are liable to change at any time. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If a Product's correct price is lower than the price stated on our website we will reimburse you the difference in price between the price you paid and the correct price. 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 price, even after we have sent you a Confirmation Email, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing. Payment may be made by any of the methods indicated on our website. We do not offer any credit facilities, so we will not deliver Products to you if you do not pay for your order in full at the time of ordering.
- Delivery shall be made to the delivery address supplied by you at the time of ordering. While we endeavour to deliver within the times specified, any times quoted for delivery are approximate only and we shall not be liable for any delay in delivery of the Products howsoever caused. Risk of damage to or loss of the Products shall pass to you at the time of delivery to the specified delivery address. 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.
- Please note aerosol cans can only be delivered to UK Mainland locations.
- We want you to be totally satisfied with your purchase. If for any reason you are not entirely happy with your order we will refund the value of the Products supplied provided that you inform us within 10 days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refunds Policy, minus the delivery charge. Products must be returned, together with the delivery note, to us in perfect condition to the address specified on the delivery note.
- To cancel your contract with us for the Products you must, within the 10 days, beginning on the day after you received the Product:
- contact us via a method explained on the Contact Us page of your decision to return the Products;
- return the Products and delivery note to us, immediately, and in the same condition in which you received the Products; and
- return the Products at your own cost and risk.
10. Damaged Products or Incorrect Deliveries
- Our warranty contained in 'Products' above is subject to the following conditions:
- the Products must be stored in appropriate conditions; if you do not store them in appropriate conditions we cannot be held responsible for faults or problems that arise as a result;
- any claim by you in respect of any shortages and/or defects apparent on delivery in the Products must be notified to us by you within 10 days of the delivery date, stating the nature of the shortage/defect and quoting the order reference number;
failure to notify us, within 10 days of the delivery date, will deem you to have accepted the Products. In some cases we may require you to return the defective Products to us at its cost. We will examine the returned Product and will, where appropriate, notify you of your refund or replacement Product via email or telephone within a reasonable period of time.
- Where you make a valid claim in respect of any shortages or defects and we are liable for the claim, we can, at our option, make up the shortages or replace the Products free of charge, or refund the price of the Products in question to you. In addition for defective Products we will refund you reasonable costs incurred for postage of the Product, but we shall have no further liability to you. If you do not notify us accordingly, we shall have no liability for any defects and you shall be bound to pay for the Products.
11. Limitation of liability
- The limit of our liability to you is the making up of any shortfall, replacement, refund of the price of the Products, and, in the case of defective Products, refunding the delivery costs, as provided for in Payment & Delivery. We are not responsible to you to any greater extent and in particular we are not liable to you for any indirect or consequential loss (including without limitation financial loss such as loss of profit or otherwise) which you may incur for whatever reason, as a consequence of our failure to comply with these terms and conditions. This clause does not include or limit in any way our liability:
- for death or personal injury;
- under section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation.
12. Events beyond our reasonable control
- We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
13. 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 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.
- 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.
15. 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, or we notify you of the change to those policies or these terms and conditions before we send you the Confirmation Email (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 10 days of receipt by you of the Products).
16. Choice of Law and Jurisdiction
- These Terms shall be governed by and construed in accordance with English Law and you agree to submit to the exclusive jurisdiction of the English courts.