Terms & Conditions
These are the terms and conditions for TheOxfordshireGardener.co.uk.
1. These Terms
Welcome to the www.theoxfordshiregardener.co.uk website. These are the terms and conditions (Terms) which govern your use of (1) the www.theoxfordshiregardener.co.uk website and any branded microsites.
For the purpose of these Terms “Mobile Device” includes a Smartphone or other mobile or handheld device (such as a tablet) with an open operating system capable of exchanging data via 3G, 4G or wirelessly over a computer network (for example Apple OS iPhones, iPads, Kindle, Kindle Fire, Android OS phones tablets and Symbian OS phones and tablet devices).
These Terms apply regardless of whatever user device you are using (including desktop, laptop or mobile web browser, digital television, mobile phones, automobile-based personal computers, handheld digital devices, and any other Mobile Device or technology whether now known or developed in the future).
You will be deemed to have agreed to be bound by these Terms when you use, access or browse the Site, register your details with us or subscribe for email or online services or send us an email.
For the purposes of these Terms: “Content” includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on the Site from time to time (including, anything made available for download); “including” and its derivations mean “including, without limitation”; “material” includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images; and “Trade Marks” means the trade marks, logos and service marks (whether or not registered) displayed on the Site.
2. Changes to these Terms
We may change these Terms from time to time. Please check these Terms regularly as any changes are effective immediately upon posting to the Site. Your continued use of the Site after posting will be deemed acceptance of the changes.
3. About us and our business
The Site is operated by or on behalf of The Oxfordshire Gardener Limited. We are a company registered in England and Wales with the company registration number 08969071. Our registered office address is The Garden Barn (Building C), Kirtlington Business Centre, Kirtlington, Oxfordshire, OX5 3JA and our VAT number is 815775994. You can contact us by telephone on +44 (0) 1869 338592.
Access to our email services and to some areas of the Site is restricted to users who have registered their details with us. You must not use a false name or email or provide any false information nor impersonate another person when registering for use of the Site and our email services. If you have a password for registration, you shall not share or disclose it to any third party, nor allow any third party to use your password to gain access to the areas and services for registered users. We may refuse or remove or suspend your registration at any time.
5. Intellectual Property
We are the owner or the licensee of all intellectual property rights in the Site the Content and the Trade Marks. Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Site (including the Content and Trade Marks) in accordance with paragraph 6 below.
6. Access and use of the Site
You may use the Site for personal non-commercial use only. You may only download and print extracts of the Content for your own personal non-commercial use.
You may not:
(1) download or print any Content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the Content from the Site; nor
(2) reproduce, republish, modify, archive, distribute, store, archive or commercially exploit the Content without our prior written consent; nor
(3) modify or adapt or create derivative works of the Content; nor
(4) utilise links to this website received as part of a paid-for media monitoring service; nor
(5) systematically forward links to this website within a business or outside a business for business purposes; nor
(6) copy or extract data from this website by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content.
Any such use of this website or the content is prohibited without an appropriate licence. Please contact us at firstname.lastname@example.org.
If you wish to syndicate or licence any Content from this website, please email us at email@example.com, or contact us by telephone on +44 (0) 1869 338592.
At all times when you are accessing, browsing or using or registering for use of the Site, you must do so lawfully and legitimately and without infringing or restricting anyone else’s rights or use and enjoyment of the Site. In particular, you must not use the Site in a manner or upload any material or link to any material which is false, fraudulent, inaccurate or misleading, obscene, offensive, defamatory, abusive or in breach of any third party rights (including intellectual property right).
At any time without notice and in our absolute discretion, we may permanently or temporarily terminate, suspend or deny your access to the Site. At any time without notice and in our absolute discretion, we may remove or edit any Content on the Site. To the fullest extent permitted by law, in both cases none of The Oxfordshire Gardener, its directors, employees or other representatives have any liability to you whatsoever for any loss or damage arising from such removal or editing or any restriction or hindrance to your use of the Site, email services or password.
7. Submission of Materials
If you submit materials to us, you agree:
(1) to grant us a royalty free, worldwide, perpetual license to use, copy, distribute, publish, republish, store, archive, syndicate, sub-license, transmit, adapt, edit, create derivative works from, perform, exercise publicity and copyright rights in relation to such material (including any ideas, concepts or formats) in any manner and in any format and/or media;
(2) to any moral rights in the material submitted;
(3) that we may disclose your identity to any third party making any claim or assertion of any kind in relation to your material; and
(4) that we may monitor your use of the Site and any communications made via the Site.
In submitting material to us, you warrant that any material you submit:
(5) is your own original work and that you own the copyright and any other relevant rights;
(6) is not obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violates any applicable law or regulation or code, and you shall indemnify us and keep us fully indemnified against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
We may choose to publish or not publish any material you submit to us and exercise our rights in relation to that material in our absolute discretion.
We accept no liability for any content submitted by you or other users and third parties. We do not vet or pre-screen any material that you or other users and third parties have submitted to the Site, however we reserve the right to remove, at any time and without reason or prior notice or any liability any material submitted by you or other users and third parties.
8. Data Protection and Privacy
Any online sales and other e-commerce services available via the Site are provided either by us as an agent for third party suppliers or directly by third parties via websites that are framed on the Site. For some goods and services, however, we act as principal meaning that the resulting legal contract for the goods or services in question will be made directly between you and us. Where we act as principal, specific terms and conditions will apply to any resulting online sales and these will be drawn to your attention before the sale is complete. Where we act as agent for third party suppliers or where we frame third party websites, the following applies:
(1) the contract for the goods or services in question will be made directly between you and the relevant supplier. In most cases, this will mean that there will be separate terms and conditions governing the contract as each supplier will have its own terms and conditions relating to the supply of those goods or services. Please make sure that you have read the relevant supplier’s terms and conditions before completing your transaction. You can obtain a copy of the relevant supplier’s terms and conditions by contacting the supplier directly; and
(2) we have no contractual liability to you in respect of the goods or services provided by the third party supplier. We may, however, still be liable to you if we have been negligent, if we have misrepresented important information or if we have been in breach of any other relevant law.
9. Product Descriptions
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
11. Orders, Cancellations & Returns
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. Find out more about our Refund policy which is incorporated into these Conditions.
CONTRACT CREATION AND ELECTRONIC CONTRACTING
The technical steps required to create the contract between you and us are as follows:
- You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website
- We may send you an order acknowledgement email as soon as you place your order, and you will receive an order confirmation email detailing the Products you have ordered. These emails do not constitute acceptance of your order
- For items being delivered to you, when your product is shipped from our warehouse we will send you a despatch confirmation email
- Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order
- For most products sent directly from our warehouse, your credit/debit card will be charged when your order is placed.
- If the product is being delivered direct to you from a supplier, for instance in the case of larger products such as furniture, you may be charged at any point between confirmation of your order and despatch. The exact timing of this will vary according to supplier and the product you’re ordering
Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock
- Our inability to obtain authorisation for your payment
- The identification of a pricing or product description error
- Your not meeting the eligibility to order criteria set out in the main Terms & Conditions
- If you are placing an order for an item that by law is age-restricted, then by clicking the order confirm button you are also confirming to us that you are of at least the legal age required to purchase the product. By clicking the order confirm button, you further acknowledge and consent to us taking steps to verify your age by reference to publicly-available third-party sources. We reserve the right not to supply any age-restricted product where we reasonably believe that you are below the relevant minimum age.
- All age-restricted goods must be received by a person who is at least 18 years old at the time of delivery or click & collect handover. We require this regardless of the relevant age limit for the age-restricted product.
- We reserve the right to request proof of age identification from you if your order contains age-restricted goods, and we are unsure that you are at least 18 years old at the point of delivery handover. For the delivery or handover of all age-restricted goods, we operate on a Challenge 25 basis, which means that if we think you look under the age of 25, we will ask you to show us proof of age identification. If you are asked for proof of age identification and are unable to provide us with any, we reserve the right to withhold the delivery.
- Should we have taken payment prior to non-acceptance of your Order then we will refund you, but please note that it can take up to 14 days for the bank to transfer the funds to you
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.
Please see our Refund policy for further details.
12. Membership of The Oxfordshire Gardener
- These terms and conditions, as well as the Privacy Notice displayed (together “Terms”), govern membership (“My Account”). Additional terms and conditions may also apply for optional elements of membership such as competitions and prize draws. The Terms may be amended at any time by The Oxfordshire Gardener, and the current version will be displayed here. Membership of The Oxfordshire Gardener is deemed acceptance of the Terms by any member or proposed member.
- To be a member, you must be resident in England, Scotland, Wales or Northern Ireland and aged 18 years or over and have an email address. We may refuse an application for any reason. You may only have one account. We reserve the right to refuse, merge or close additional accounts at any time. You must keep us informed of any changes to your personal or membership details. We will not be responsible for any loss of vouchers or benefits resulting from details being out of date or inaccurate.
- As a member you’ll receive loyalty communications relating to your membership through a number of channels which can include post and email. These may include exclusive rewards, offers and invitations from us. You can choose to leave membership at any time by cancelling your membership in the My Account section at theoxfordshiregardener.co.uk. This will remove you from any future loyalty communications as we will be unable to deliver rewards and benefits to you. By leaving the scheme, this won’t affect your existing marketing preferences, which are separate.
- We may at our discretion decline to issue, withdraw or cancel accounts, coupons and vouchers at any time.
- We may remove a member from membership at any time where a member appears to have breached the Terms or behaved in an inappropriate, misleading or abusive manner.
- We reserve the right to monitor the number of memberships in any household, and the right to cancel any suspected duplicated memberships.
- Coupons and vouchers remain the responsibility of the member, as do any security details relating to the account. We will not be held responsible for any loss arising from the member failing to ensure their safe-keeping.
- Coupons and vouchers cannot be transferred, bought, sold or in any way traded. Only one coupon or voucher can be used at any one time, and cannot be combined with any other offer.
- All coupons or vouchers are subject to an expiry date, beyond which they cannot be used or reissued. Coupons or vouchers that are lost or mislaid will not be reissued.
- Please see our Privacy Notice to see what personal data we collect, when we collect it and how we use it as part of the loyalty programme.
- The Terms are governed by English law, and are subject to the exclusive jurisdiction of the courts of England and Wales. The promoter of The Oxfordshire Gardener accounts is The Oxfordshire Gardener of Building C, Kirtlington Business Centre, Kirtlington. Oxfordshire. OX5 3JA,
11. Third party links
The Site contains hypertext links to third party websites. We are not responsible for, nor do we endorse in any way such third party websites or their content. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
12. Advertising and Sponsorship
Parts of the Site may contain advertising and sponsorship. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on the Site complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limit, information which is defamatory, obscene, threatening or untrue. We are not responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.
theoxfordshiregardener.co.uk may contain contextual affiliate links from which we may potentially earn revenue. However, the content of our articles are never influenced by advertisers or an affiliate, nor are they written for the purpose of promoting a product.
13. Promotions, competitions and prize draws
From time to time we may run competitions, free prize draws and/or other promotions on the Site. Any such competitions, prize draws and/or other promotions will be subject to additional terms and conditions that will be made available to you at the relevant time.
14. Exclusions and limitations of liability
All information and/or data on the Site is provided on an “as is” basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Site or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.
Neither The Oxfordshire Gardener nor any of its data providers or affiliates gives any warranty or guarantee relating to availability of the Site or that the Site and/or our operation of it, the Content or the server that makes the Site available are error or virus free or free of other harmful components or that your use of the Site and/or the Content will be uninterrupted.
You agree that The Oxfordshire Gardener, its directors, employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:
(1) interruption of business; or
(2) access or other delays, terminations, suspensions, denials or access interruptions to the Site; or
(3) data non-delivery, data misdelivery, data corruption, destruction of data or other modification of data; or
(4) third-party website links on the Site; or
(5) reliance on the information contained on the Site; or
(6) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site; or
(7) any inaccuracies, omissions or misleading, false or deceptive statement in the Content; or
(8) events beyond our reasonable control.
Notwithstanding any provision of these Terms, The Oxfordshire Gardener does not exclude or limit its liability for:
(1) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or
(2) fraudulent misrepresentation; or
(3) any liability which it is not lawful to exclude either now or in the future.
You will indemnify and will keep indemnified The Oxfordshire Gardener and its data providers and affiliates on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of:
(1) any breach of these Terms by you; or
(2) your fault, negligence or breach of statutory duty; or
(3) your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our Suppliers.
Any contractual or legal relationship between you and The Oxfordshire Gardener will be concluded in English.
All notices shall be given by e-mail to us at firstname.lastname@example.org or, to you at either the e-mail or postal address you provide during the registration process (if any). Notice will be deemed received 24 hours after e-mail is sent or 3 days after the date of posting.
These Terms (together with any variations to them pursuant to section 2) form the entire agreement between the parties concerning your access to, browsing and/or use of the Site and supersede all prior agreements, arrangements, understandings and representations made between us (whether written or oral) concerning the Site.
The licence granted in section 5 above is personal to you and may not be assigned, transferred or sub-licensed (in whole or in part) without our prior written consent.
Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.
No waiver by The Oxfordshire Gardener of any breach of these Terms shall constitute a waiver of any other prior or subsequent breach and The Oxfordshire Gardener shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
The rights and remedies of The Oxfordshire Gardener under these Terms are independent, cumulative and without prejudice to its rights under the law.
These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
These Terms and/or your use of the Site shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise.