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Placing an Order
By placing an order with Rawgarden you
will be deemed to have read, understood and agreed to these Terms
and Conditions. To use this website you will need to provide your
email address and contact telephone number. If you are unhappy with
any aspect of these terms, then you should contact one of our
customer service advisors before placing an order with us - either
by telephone on 01440 731877, by email at:
wheresmystuff@rawgarden.co.uk, or by post using the address given
below. By placing an order via this website you are making an offer
to Rawgarden to purchase the goods detailed in your order upon the
terms described in your order. Once you have placed an order on the
website we will send you a confirmation that your order has been
received but this is not a confirmation that your offer to purchase
the goods has been accepted. A contract between you and Rawgarden
for the sale of our products will only exist once an order has been
accepted, processed and despatched to you. Your credit/debit card
will be authorised when your order is placed and processed but you
will not be charged for the value of the goods until the point they
are despatched to you. This does not affect your statutory rights.
Prices and availability of goods are subject to change without
notice. A delivery charge of £4.95 will be added to your order if
the order value is less than £75.
Risk and Ownership
Risk of damage to or loss of the goods
passes to you at the time of delivery to you, or if you fail to
take delivery at the agreed time, the time when we tried to
deliver. You will only own the title of goods once they have been
successfully delivered and when we have received cleared payment in
full. Goods supplied are not for resale.
Acknowledgement and Acceptance of your
Order
An acceptance of your order will take place on despatch of
the good(s) ordered. You will need to provide us with your email
address so we are able to notify you by email as soon as possible
to confirm receipt and despatch of your order.
PAYMENT AND
TAXES
We accept online payment in a secure
environment by credit card.
We currently accept Visa, Mastercard, Delta, Solo, Maestro.
All transactions are shown in pounds sterling (£).
All prices are inclusive of UK sales tax (VAT)
at the current rate of
17.5%.
Cancellation
Rights
Under the Distance Selling Regulations you have the legal right to
cancel your order within 7 days of receipt of your goods (with the
exception of any made-to-order items, ie bench inscription
service). You do not need to give us any reason for cancelling your
contract nor will you have to pay any penalty. However, you will
need to notify us in writing if you wish to cancel your contract.
An email will suffice, with your order number enclosed. If you have
received the goods before you cancel your contract then you must
send the goods back to our contact address at your own cost and
risk. If you cancel your contract but we have already processed the
goods for delivery you must not unpack the goods when they are
received by you and you must send the goods back to us at our
contact address at your own cost and risk as soon as
possible.
Once you have notified us that you are cancelling your contract, in
writing, any sum debited to us from your credit card will be
re-credited to your account as soon as possible and in any event
within 30 days of your order (provided that the goods in question
are returned by you and received by us in the condition they were
in when delivered to you). If you do not return the goods delivered
to you or do not pay the costs of delivery, we will be entitled to
deduct the direct costs of recovering the goods from the amount to
be re-credited to you.
You will be re-credited for the costs
incurred in returning faulty goods.
Cancellation by Us
We reserve the right to cancel the contract between us if:
-
we have insufficient stock to deliver the goods you have
ordered
-
we do not deliver to your area
-
one or more of the goods you ordered was listed at an
incorrect price due to a typographical error or an error in the
pricing information received by us from our suppliers.
If we do cancel your contract we will
notify you by email and will re-credit to your account any sum
deducted by us from your credit card as soon as possible, but in
any event within 30 days of your order.
Liability
If you do not receive goods ordered by you within 30 days of the
date on which you ordered them, we will have no liability to you
unless you notify us in writing at our contact address of the
problem within 60 days of the date on which you ordered the goods
(unless this is not reasonably practical).
If you notify a problem to us under this condition, our only
obligation will be:
Both parties shall only be liable
under this contract for losses, which are a reasonably foreseeable
consequence of the relevant breach of contract.
You must observe and comply with all applicable regulations and
legislation, including obtaining all necessary customs, import or
other permits to purchase goods from our site. The importation or
exportation of certain of our goods to you may be prohibited by
certain national laws. We make no representation and accept no
liability in respect of the export or import of the goods you
purchase.
Notwithstanding the foregoing, nothing in these terms and
conditions is intended to limit any rights you might have as a
consumer under applicable local law or other statutory rights that
may not be excluded nor in any way to exclude or limit our
liability to you for any death or personal injury resulting from
our negligence.
Failed or Refused
Deliveries
Where a delivery has been attempted on more than one occasion and
failed and then the goods returned to Rawgarden, the cost of the
attempted deliveries, return postage and administration fee of 2.5%
of the invoice total will be deducted from any refunds
available.
Where a delivery has been refused and
returned to Rawgarden ( except damaged or faulty goods) the cost of
the attempted deliveries, return postage and administration fee of
2.5% of the invoice total will be deducted from any refunds
available.
It is your responsibility to ensure
goods ordered are able to fit through entrances to your
property.
Rawgarden cannot accept any responsibility for goods ordered and
delivered to addresses with insufficient access.
The cost of the attempted deliveries, return postage and
administration fee of 2.5% of the invoice total will be deducted
from any refunds available.
CONFORMITY OF GOODS
We take every care to ensure that
the descriptions and specifications of our products are correct at
the time of going to press. However, specifications and
descriptions of products on this website are not intended to be
binding and are intended only to give a general description of the
products. Furthermore, while the colour reproduction of the
products is a close representation, we cannot accept any
responsibility for any variation in colour caused by the browser
software or computer system used by
you.
Making Returns
For all returns, except where the item is faulty, you will be
required to arrange and pay for the return of the products to
us.
We can arrange to collect the products from you, but the cost of
this will be charged to you and will be deducted from any refund to
you.
Send your returns to:
Rawgarden
Bulls Bridge Farm
Steeple Bumpstead Rd
Hempstead
Essex
CB10 2PP
Refunds
To receive a refund please return your goods to us within 14 days
from date of delivery.
Please enclose a copy of your original order invoice.
When returning items you are strongly recommended to obtain proof
of posting.
We cannot accept liability for goods lost or damaged in
transit.
We recommend that you return items via registered
mail.
Please note that the original postage
( if applicable ) and the return postage will not be
refunded.
Please allow 30 days for your refund.
Should you be sent a faulty item, we will of course reimburse you
fully.
Your Right To
Cancel
You may normally cancel your order (once accepted by us) for any
reason up to the point of despatch.
If you do cancel the contract within this time, any payments made
by you will be refunded in full within 30
days.
Damaged Goods
If you receive goods that you suspect
have been damaged in transit, please sign unchecked upon delivery
and notify Rawgarden within 24 hours.
We ask that you photograph all damaged items immediately and
forward these images to us via your order confirmation email within
48 hours. If you are only the recipient please call 01440 731 877
for a return email address.
To facilitate carrier claims you must comply with the time
restrictions listed above. Rawgarden cannot accept any
responsibility for goods damaged in transit and after such time has
passed, your claim will be void.
Notices
Unless otherwise expressly stated in these terms and conditions,
all notices from you to us must be in writing and sent to our
contact address at Rawgarden, Bulls Bridge Farm, Steeple Bumpstead
Road, Hempstead, Essex, CB10 2PP or by email.
Changes to Legal Nnotices
We reserve the right to change our terms and conditions from time
to time and you should look through them as often as
possible.
Law, Jurisdiction and Language
This website, any content contained therein and any contract
brought into being as a result of usage of this website are
governed by and construed in accordance with English law. Parties
to any such contract agree to submit to the exclusive jurisdiction
of the courts of England and Wales. All contracts are concluded in
English.
Invalidity
If any part of these terms and conditions is unenforceable
(including any provision in which we exclude our liability to you)
the enforceability of any other part of these conditions will not
be affected.
Privacy
You acknowledge and agree to be bound by the terms of our Privacy
Statement.
Third Party Rights
Nothing in this Agreement is intended to, nor shall it confer any
rights on a third party.
PRIVACY STATEMENT
Rawgarden is committed to protecting the privacy of anyone using
its site and the confidentiality of any information that you
provide us with. The purpose of this statement is to set out how we
use any personal information that we may obtain from you.
Data Protection Act 1988
We are registered under the Data Protection Act and comply with the
Act in all our dealings with your personal data.
Use and
Collection of Personal Information
In general, you can visit our website without telling us
who you are and without revealing any information about yourself.
If, however, you use our site you will need to register and you
will be asked to provide certain information such as your contact
details. We will store this data and hold it on computer or
otherwise.
We may use information that you provide:
(a) to register you with our website and to administer it.
(b) for assessment and analysis eg marketing, customer and
product analysis, to enable us to review, develop and improve our
services.
Cookies
There is a technology called “cookies” which may be
used by us to provide you with, for example, customised information
from our website. A cookie is an element of data that a website can
send to your browser which may then store it on your system. You
can usually adjust your browser so that your computer does not
accept cookies. Please remember cookies do not contain confidential
information such as your home address, telephone number or credit
card details. We do not exchange cookies with any third-party
websites or external data suppliers.
Security
We endeavour to take all reasonable steps to protect your personal
information. However, we cannot guarantee the security of any data
that you disclose online and we will not be responsible for any
breach of security unless this is due to our negligence or wilful
default.
COPYRIGHT AND TRADEMARK
The contents of these web
pages (including pictures, designs, logos, photographs and written
text) are copyright trademark of Rawgarden or its content and
technology providers. ALL RIGHTS RESERVED. The copying,
modification, distribution, reproduction, or incorporation into any
other work of part or all of the material available on this website
in any form is prohibited.
General
You have the right to see personal data (as defined under the Data
Protection Act) that we keep about you upon receipt of a written
request and payment of a fee of £10. Any request should be sent to:
Rawgarden, Bulls Bridge Farm, Steeple Bumpstead Road, Hempstead,
Essex, CB10 2PP
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