Blackbrooks Garden Centre Ltd
Website Disclaimer

Introduction

1.1 This disclaimer shall govern your use of our website.

1.2 By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.

1.3 Our website uses cookies; by using our website or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Credit

2.1 This document is an SEQ Legal document from Website Contracts (www.website-contracts.co.uk).

3. Copyright notice

3.1 Copyright (c) 2018 Blackbrooks Garden Centre LTD.

3.2 Subject to the express provisions of this disclaimer:

a. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
b. all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Licence to use website

4.1 You may:

a. view pages from our website in a web browser;
b. download pages from our website for caching in a web browser; and
c. print pages from our website, subject to the other provisions of this disclaimer.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.

4.3 Unless you own or control the relevant rights in the material, you must not:

a. republish material from our website (including republication on another website);
b. sell, rent or sub-license material from our website;
c. show any material from our website in public;
d. exploit material from our website for a commercial purpose; or
e. redistribute material from our website.

4.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5. Acceptable use

5.1 You must not:

a. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
b. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
c. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
d. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
e. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing; or
g. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6. Limited warranties

6.1 We do not warrant or represent:

a. the completeness or accuracy of the information published on our website;
b. that the material on the website is up to date; or
c. that the website or any service on the website will remain available.

6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.

7. Limitations and exclusions of liability

7.1 Nothing in this disclaimer will:

a. limit or exclude any liability for death or personal injury resulting from negligence;
b. limit or exclude any liability for fraud or fraudulent misrepresentation;
c. limit any liabilities in any way that is not permitted under applicable law; or
d. exclude any liabilities that may not be excluded under applicable law.

7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:

a. are subject to Section 7.1; and
b. govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.

7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

7.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

8. Variation

8.1 We may revise this disclaimer from time to time.

8.2 The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

9. Severability

9.1 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

9.2 If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

10. Law and jurisdiction

10.1 This disclaimer shall be governed by and construed in accordance with English law.

10.2 Any disputes relating to this disclaimer shall be subject to the non-exclusive jurisdiction of the courts of England.

11. Our details

11.1. This website is owned and operated by Blackbrooks Garden Centre LTD.

11.2. We are registered in England and Wales under registration number 07894087, and our registered office is at 0 Eversley Road, Bexhill on Sea, East Sussex TN40 1HE

11.3. Our principal place of business is at Blackbrooks Garden Centre LTD, 0 Eversley Road, Bexhill on Sea, East Sussex TN40 1HE

11.4. You can contact us:

a. by post, using the postal address;
b. using our website contact form;
c. by telephone, on 01424 870710; or
d. by email, using shop@blackbrooks.co.uk

12.Orders

12.1 We have the right to refuse to accept any orders placed for goods.

12.2 When you place an order with us, you are offering to buy the item(s) in your basket at the price stated. Please note that your order will NOT be accepted at this stage. Only when we confirm our acceptance of your order in writing will a contract exist between us. If we do not accept your order we will notify you via email.

12.3 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

12.4 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your own specific requirements.

13. Delivery

13.1 Dates and times for delivery are estimates only and are not guaranteed. They are also subject to any matter beyond our reasonable control. Details of delivery are set out on the Website against each individual item.

13.2 Different areas within the UK may or may not have different pricing and arrival times or are exempt from delivery.

13.3 We reserve the right to change the price for delivered goods after you request an order & you have the right to cancel the order at this point

14. Cancellation

14.1 Where applicable, You may cancel Your order in accordance with Your rights under the Distance Selling Regulations.

14.2 You have the right to cancel the contract for the purchase of Goods within seven working days of delivery of the Goods to You.

14.3 The ability to cancel orders does not apply to Goods which have been worn, washed and/or otherwise used.

14.4 To cancel your order you can email us at Shop@blackbrooks.co.uk with your instructions, entering the words ‘Order cancel’ in the subject title quoting your order number. You must return the Goods to us in their original packaging, quoting the Order number. We advise that you return any Goods using a signed for postal service in order to ensure a safe return.

14.5 We will only refund the purchase price if we have received payment of the price, when we have received the Goods from you in an undamaged state. Returns will be at your cost.

15. Price and payment

15.1 The price you pay is the price displayed in respect of the relevant Goods on this Website at the time we receive your order plus the applicable delivery charges.

15.2 Delivery charges and prices are subject to change.

15.3 All prices are inclusive of VAT (where applicable) at the current rate.

15.4 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 the Goods you have ordered we will inform you as soon as possible and give you the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel an order due to an error in price and we have already received payment for the affected Goods, You will receive a full refund.

15.5 Payment is due at the time you place your order. We use a third party, Sagepay, to take your payment for the Goods by either debit or credit card. By ordering Goods from our Website you are giving us your consent to pass details essential for purchasing Goods to Datacash. We will not store these payment details.

16. Returns

Faulty Goods
16.1 If you discover the Goods are faulty, you must notify us of the defect within seven days of the date of delivery.

16.2 We may inspect the Goods by Asking You to Send the Goods to Us as soon as possible.

16.3 If We agree with You that the Goods are faulty, and that the fault was not caused by Your neglect or misuse of the Goods, We will, at Your choice replace, refund or repair (if possible under warranty ) the faulty Goods at no cost to You. We will refund any reasonable costs You prove that You have incurred in returning the faulty Goods to Us. We recommend that You keep postal receipts for this purpose.

Incorrect Goods
16.4 If We send You incorrect Goods, You must notify Us as soon as You discover the mistake and within a 7 days.

16.5 We will either:

16.5.1 arrange for a carrier to collect the Goods from You.or

16.5.2 ask You to return the Goods to Us by post.

16.6 We will then:

16.6.1 send You the correct items as soon as possible after receipt of the returned Goods; or

16.6.2 refund the price of the Goods and delivery