Terms and Conditions
Garden Design Terms and ConditionsThank you for spending time on our website. Please take time to read the following terms and conditions (together with the documents referred to in them) before ordering any Services from our site, as they explain your rights and obligations for any on-line sales. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
This web site is owned and operated by mygardn who are completely dedicated to your total satisfaction. If you have any suggestions or comments or if you need to contact us, please email us using the link on the contact us page or use the details below.
Our contact details:
mygardn is a division of Deakinlock Ltd
Earsham Hall, Bungay, Suffolk,
NR35 2AN, United Kingdom.
Phone: 0845 603 8716
VAT Registration Number: 937 3276 03
Registered in England and Wales under company number: 666 4940
“Buyer” or “you” means the person who accepts a quotation from the Seller for the sale of the Service and whose order for the Service is accepted by the Seller.
“Conditions” means the standard terms and conditions of sale set out in this document and include any special terms and conditions agreed in writing between the Buyer and the Seller and as amended by us from time to time.
“Contract” means the contract for the purchase and sale of the Services.
“Force Majeure” means any circumstances beyond the reasonable control of the Seller including, without limitation, an act of God, explosion, flood, fire, war, import or export regulations, strikes, lock-outs.
“Services” means the Service which the Seller is to supply to the Buyer under these Conditions as specified in the quotation.
“Seller” or “we” or “us” means mygardn a division of Deakinlock Limited.
Using our website
Using our website could not be easier. Just select the service you wish to use and follow the step by step guide to collate all the information we require. Once completed re-confirm which service you require, select the size category of your garden or border and make your payment via PayPal.
Basis of sale
An agreement for us to sell you Services is made on these Conditions when we accept an order placed by you on our website. We will set out the service description, price plus VAT and delivery charges on the order page. We will confirm your order with an email.
When confirmation of your order is received by you, this is to indicate that we have received your order. It does not indicate that a Contract exists between us. We will indicate acceptance of your order, and hence a Contract between us, when we send you a receipted invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced services, or we are no longer able to supply a particular service for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
Specification of orders
The quantity and description of the Services will be set out in your order (if accepted by us). If you have made a mistake in your order and cannot correct it online, contact us as soon as reasonably practicable and in any event within 48 hours of placing the order and we will correct the mistake. You shall at all times ensure that the terms of your order and any applicable specification are complete and accurate.
All specifications, illustrations, colours, drawings and diagrams on our site, are of a generally informative nature and are approximate only and none of these form part of any Contract or give rise to any independent or collateral liability of whatsoever nature on our part and we shall be under no liability whatsoever for inaccuracies, changes or alterations in dimensions or measurements given, quoted or made by us.
Price of the services
All prices are listed in pounds sterling, will be as quoted on our site from time to time, except in cases of obvious error, and are exclusive of delivery costs, which are included based on current Royal Mail 1st Class delivery prices, all prices quoted are exclusive of VAT unless otherwise stated.
Should there be a change to the price of services between the date we accept your order and the delivery date, we will let you know and ask you to confirm if you agree to the new price by email. You will be able to cancel the order if this is not acceptable, provided you notify us in writing within 48 hours of the day on which you receive our e-mail notification, in which case, you will receive a full refund of the price paid for the Services as soon as possible, and in any case, within 30 days of the day you have given notice of your cancellation.
All payments are made via PayPal a secure on line payment service, which accepts most credit and debit cards. If you do not wish to pay online, you may contact us to make alternative arrangements for payment.
The standard UK VAT rate is charged on all orders placed at mygardn.co.uk.
Credit Card Security
After submitting your garden questionnaire and survey you will be redirected to PayPal’s secure servers to complete your card payment. All card details entered during the payment process are encrypted using a 128bit secure connection between your computer and the PayPal Payment servers. At no time does mygardn have any access to your credit card details.
You may cancel your order within 48 hours of ordering. Cancellations must be confirmed in writing to us by email, fax or letter. In this case, you will receive a full refund of the price paid for the Services as soon as possible, and in any case, within 30 days of the day you have given notice of your cancellation. You will not be able to cancel your order at any other time without our prior written agreement and if such agreement is given, you will indemnify us against all losses suffered by us arising out of such cancellation.
Delivery (please also see our delivery guide)
We will aim to deliver your completed order within 10 days depending on how busy we are but cannot guarantee to deliver within that time.
Unless otherwise stated the initial delivery will be via e-mail, if e-mail is not acceptable then the delivery will be made via Royal Mail Recorded Delivery Service. Delivery shall be deemed to take place on the occurrence of the first point in time of any of the following events (‘Deemed Delivery’):
(i) the receipt of our e-mail to you; or
(ii) the receipt of acceptance of your delivery from Royal Mail.
(iii) upon your failure or refusal to accept delivery.
In the event of any failure to make delivery or delay in delivery (even if caused by our negligence) you shall have no claim whatsoever against us for any direct, indirect or consequential loss or damage of any kind (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, expenses or charges whether caused directly or indirectly by any delay in the delivery of the Goods and we shall accept no liability whatsoever for loss or damage to the Goods in transit unless the same shall be caused by our negligence in which event our liability shall be limited to the value of the Goods nor shall any delay entitle you to terminate or rescind a Contract with us.
Shortages or incorrect goods
Please check your order carefully upon receipt. Any shortages or incorrect Goods received must be reported to us in writing within 48 hours of delivery. The quantity of any consignment of Goods as recorded by us upon delivery to you shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary. Deviations in quantity of Goods delivered from those stated in any Contracts to which these Conditions apply shall not give rise to a right to reject on your part and you shall have no right to claim for damages for breach of Contract but you will only be obliged to pay at the contract rate for the quantity of the goods delivered.
Risk and ownership
The Goods will be at your risk from the time of Deemed Delivery. Ownership of the Goods will pass to you on delivery and once we have received full payment of all sums due in respect of the Goods, including delivery charges.
The Goods provide will be based upon the information provide by you via the website and will be deemed to be correct at the time of delivery. In the event that the Goods provided are incorrect through our negligence then we will amend those services to make good any deficiency. Refunds will only be considered in writing if the Goods provided cannot be reconciled.
Matters beyond our control
All orders accepted and agreements for work and delivery are given conditionally upon the Seller being able to secure necessary labour, materials and transport and without responsibility or liability for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by Force Majeure and while every effort will be made to comply with the quoted anticipated delivery date, time will not be regarded as being of the essence of the Contract. Our performance under the 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.
If any provision of these Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these Conditions and the remainder of such provision shall continue in full and force and effect.
These 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.
Law and Jurisdiction
Contracts for the purchase of Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation will be governed by English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Our total liability for losses you suffer as a result of us breaking the Contract is strictly limited to the purchase price of the Services you purchased and for the avoidance of doubt you shall have no claim whatsoever against us for any direct, indirect or consequential loss of any kind. All warranties, conditions or other terms implied by statute or common law are to the fullest extent permitted by law, excluded from the Contract.
Reaching Us and Contacting You
If you need to reach us, please email us using the link on the contact us page, alternatively, you can call on 0845 603 8716 or write to us at mygardn, Earsham Hall, Bungay, Suffolk, NR35 2AN, United Kingdom. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving 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.