Reviewed February 2024

Terms & Conditions

1. Overview

In these Standard Terms and Conditions of Sale the following words and phrases will have the meaning as set out below unless the content otherwise requires: “Conditions” means Conditions of Sale, “contract” means the contract by which the “seller” meaning Garden Solutions, Dunaros, Ballencrieff Farm, Longniddry, East Lothian, EH32 0PJ agreed to sell and the “purchaser” meaning the buyer under the contract, has agreed to buy goods consisting of the seller’s quotation and the purchaser’s acceptance or the purchaser’s order and the seller’s acceptance as the case may be. “Date of delivery” means the date when the goods are delivered to the purchaser or the state of the posting of goods. “Goods” means the products which were to be sold and bought under the contract. “Delivery Team” relates to the employees of the seller who deliver contracted goods when required.

By entering a contract with the seller, the purchaser is agreeing to be bound by the Terms and Conditions of Sale referenced herein. The seller reserves the right to amend these terms when required and it is the responsibility of the purchaser to regularly review them.

The seller reserves the right to refuse entering into a contract with any purchaser at any time, with no need to prior warning or protracted communication.

2. Purchase and Sale

The contract incorporates these conditions. Accordingly, goods shall be sold by the seller and bought by the purchaser on the terms stated herein and on the Terms and Conditions of Sale stated in the contract. By declaring an inconsistency in the contract with these Terms and Conditions of Sale then these conditions shall prevail unless what is inconsistent is superseded in any document issued by the seller or in any document issued by the purchaser; the terms of which have been expressly accepted by the seller as varying these conditions. Neither the contract nor these conditions may be varied except by agreement in writing, signed by the persons having authority to do so on behalf of the seller and the purchaser.

The purchaser may not use goods issued under a contract for any illegal or unauthorized purpose nor use our service to violate any laws, including but not limited to, copyright laws.

The purchaser must not transmit or upload any viruses or malicious code that could be used to affect the functionality of the online store, collect personal data with the intention to spam, phish or pharm and for any other immoral intention.

The purchaser must agree not to reproduce, resell, copy or exploit either the goods or service protocols, without express written permission from the seller. If in the sellers sole judgement this appears to be the case then the purchaser will be prohibited for entering into any future contracts with the seller.

The seller reserves the right to limit the quantities of goods that the purchaser can obtain and to temporarily suspend services should the need arise, without any warning habituated.

The seller does not guarantee or warrant that the purchasers contract will be uninterrupted, timely and error-free.

3. Price

The price payable by the purchaser to the seller for the goods shall be the price stated in the contract or where this is unclear or ambiguous the price will default to the current price list at the date of the conclusion of the contract. The price is stated to always be inclusive of value added tax (VAT) and VAT will be charged at appropriate up-to-date rates.

The seller will undertake annual reviews of the current price list and amendments shall be made to ensure they are (i) reasonable for the service offered, (ii) inline with sectoral norms. The seller may increase the price at any time prior to the date of delivery if the seller’s costs have, in the seller’s reasonable opinion, been materially increased for any of the following reasons. (i) An increase in the cost of materials (ii) An increase in customs or other duties (iii) An increase in labour costs (iv) Currency fluctuations (v) Changes in currency regulations (vi) Any delay on the purchaser’s part in complying with any of its obligations under the contract.

4. Payment

The purchaser shall pay the price and any applicable VAT and any costs or charges for which the purchaser is liable under the contract within 30 days of the date of the seller’s order.

The seller may render its invoice to the purchaser on or any time after it has notified the purchaser of the endorsement of the contract, whether or not these have been fulfilled for delivery of the goods.

Payment will be due by the purchaser on invoices rendered by the seller even though there has been no delivery of the goods and title on the goods has not yet passed to the purchaser. In making payment of the prices and other sums due under the contract, time shall be of the essence of the contract. If any invoice rendered by the seller is not paid within the time limit specified then interest will accrue on the sum invoiced day by day at a rate of 5% over Royal Bank of Scotland base rate compounded monthly.

The seller may suspend performance on the contract and any other existing contract between the seller and the purchaser. The seller may appropriate any payment made by the purchaser to any sum due under any contract that may be held between seller and purchaser as the seller thinks fit and may for this purpose, disregard any purported appropriation by the purchaser.

All payment details are encrypted during any online processing. Bank card payment details are never (i) kept on file, (ii) shared with any third party, (iii) used on any unsafe or unsecure platform or resource. More information on the security and privacy of date can be found in the sellers Privacy Policy at www.gardensolutions.info

5. Delivery

The purchaser upon entering into a contract with the seller agrees to the seller engaging in delivery or posting of goods to an address specified by the purchaser, at the time of the conclusion of the contract. Any subsequent change in delivery address may incur a delay in the goods being delivered.

Delivery or posting of goods will be to one site (where this is to an allotment site it will be to inside the gate only) situated within the stated address within the contract where this is safe and not an excessive distance (50 meters maximum) for our Delivery Team. Goods will never be lifted or thrown over any obstacles (excluding Bulk Bags).

Delivery will not be through any private residence building or using any unsafe, unsecure or dangerous route.

The plethora of delivery requirements possible have enforced the seller to instruct the Delivery Team to have the final judgement on the actionability of said requirements.

Bulk Bags are delivered on a lorry fitted with a Hiab crane to lift them off. The lorry needs to be as near as possible and will not lift over anything of value or near overhead cables of any kind. Lifting over fences or hedges is at the purchasers own risk and responsibility.

The purchaser must be aware that parking on double yellow or zig-zag lines is prohibited and will impact the delivery of their goods.

Any abusive or obscene behaviour to the Delivery Team will result in the contract being terminated and the goods will be removed. A refund will be issued following the exchange/refund policy.

This may also result in the seller not entering into any further contracts with the purchaser.

Any such delivery or posting shall be on the basis that the purchaser shall reimburse the seller on demand, or in advance if the seller so requires, for all the cost of transportation and the insurance of the goods. In making delivery of the goods, time shall not be of the essence of the contract and the seller shall not be liable for any cost, loss or expense suffered by the purchaser by reason of delay in delivery. Added charges may be applied to the purchaser, for the delivery of goods out with the sellers normal working hours (Monday-Friday).

6. Termination

Without prejudice to any rights it may have under any law to terminate the contract and without prejudice to rights it may have for damages or compensation, the seller may terminate the contract by notice to the purchaser if: (i) The purchaser fails to make any payment due under the contract to be performed on its part. (ii) The purchaser becomes apparently insolvent or, being a company, is unable to pay its debts or summons a meeting of creditors to pass any resolution for winding-up or has a petition for liquidation presented against it or has a receiver or administrator appointed to it or to any part of its assets. (iii) The purchaser may not cancel the contract unless the seller agrees upon the purchaser first indemnifying the seller against any loss, damage or expense (including loss of profit) which the seller may suffer or incur as a result of cancellation.

The seller reserves the right to, at any time, modify or discontinue any service or goods on offer without prior notice. If the seller suspects that the purchaser has failed to meet any of the terms set out herein then the contract is terminated and the purchaser will be liable for any amounts due up to the point of termination.

These Terms and Conditions of Sale are effective unless they are terminated by either the seller or the purchaser when they notify the seller of terminating a contract.

7. Exchange/Refund Policy

The seller is happy to discuss an exchange or grant refund of goods if notified, promptly, within 28 days of delivery and accompanied by a valid receipt. Goods that have been used will not be permissible for an exchange or refund. Partial refunds may be granted based on any of the following (i) goods not in their original condition at date of contract (ii) goods ordered in error by the purchaser (iii) costs involved in transportation carrying out exchange; a 10% minimum handling charge will be incurred.

Any exchange or refund will be agreed upon between the seller and the purchaser in advance of any action taken. This does not affect your statutory rights.

Any monetary refunds will be processed via a bank transfer into the bank account detailed by the purchaser upon final agreement of the refund between the seller and the purchaser.

There often is a processing time involved in this, the purchaser can contact the seller on enquiries@gardensolutions.info if a refund has not reached them forthwith.

Refunds made for failed deliveries will not include any delivery charges set out in the original contract.

8. Miscellaneous

Any notice given by either party to the other under the contract shall be in writing and delivered by post to the address of the other party as given in the contract or to such other address as may have been intimated to the other party in terms of this clause. The notice shall be deemed to have been served on the day of delivery, or, in the case of posting on the second day following the date of posting. No waiver by the seller of any breach of the contract shall bar the seller from taking steps in respect of any subsequent breach of the contract by the purchaser.

If any clause in the contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the contract and the reminder of the provisions in questions shall remain in full force and effect and shall not be affected. The contract shall be governed by Scots Law and the purchaser and seller submit to the jurisdiction of the Scottish courts.

Any ambiguities in the interpretation of these Terms and Conditions of Sale shall not be construed against the drafting party.

The seller reserves the right to modify the contents of all literature on offer, including, but not limited to, online representation through Garden Solutions website. This will be done in a timely manner however we have no obligation to ensure it is accurate and up-to-date constantly. It is the responsibility of the purchaser to ensure that they monitor changes and do not have sole reliance on the material on offer. Any reliance on such information will be at the purchaser’s own risk.

The seller has made every effort to accurately display colours and images of our goods in all literature on offer, however the seller cannot be held to any differences between imagery and the goods delivered.

The seller reserves the right to update, change or replace any part of these Terms and Conditions of Sale. When the purchaser enters into a contract with the seller they agree to the current set of Terms and Conditions of Sale.