1. Interpretation

In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:

“the Company” means Terrace & Garden Ltd;

“the Buyer” means the person, firm or company who purchases the Goods from the Company;

“Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms;

“Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer;

In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.

2. The Contract

The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.  No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.

3. Delivery

Any date or period for delivery shall be considered as indicative only, although it is the Company’s policy to try to fulfil all orders within 21 working days.  Any Goods not available at the time of the Buyer’s order will be sent to the Buyer, as soon as possible.  Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 10 days. 

4. Risk in and Ownership of the Goods

Any date or period for delivery shall be considered as indicative only, although it is the Company’s policy to try to fulfil all orders within 21 working days.  Any Goods not available at the time of the Buyer’s order will be sent to the Buyer, as soon as possible.  Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 10 days. 

5. Price

The price for the Goods shall, unless otherwise agreed, be the price set out on the date of delivery in the Company’s price list in Pounds Sterling.  The price for the Goods shall be inclusive of applicable VAT.

6. Payment

Subject to paragraph 5, payment will be taken at time of despatch of goods.  Payment shall not be deemed to have taken place until receipt by the Company of cleared funds.

7. Warranties

The Company warrants that the Goods are of satisfactory quality.  If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 30 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question.  The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company.  The Company’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods.

8. Limitation of Liability

The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed £100 and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.

9. Force Majeure

If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.

10. General

If any part of these Terms is found to be void or un-enforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.  These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.

11. Returns Policy

If you wish to return an item, we will refund if the goods are returned in a saleable condition. Obviously most of our products are fragile, so please ensure the product is suitably packed to avoid damage, as we will be unable to refund damaged goods. Returns are at the Customers expense.

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