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Gardien Terms And Conditions (which are to take precedence)
This page (together with the documents referred to on it) tells you the terms and
conditions on which we assist in or supply any of the products of third party sellers
(Products) listed on our website www.garden-security.co.uk (our site) to you. Please
read these terms and conditions carefully before ordering any Products from our
site. You should understand that by ordering any of the Products, you agree to be
bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms
and conditions if you accept them. Please understand that if you refuse to accept
these terms and conditions, you will not be able to order any Products from our
site.
1. INFORMATION ABOUT US
Garden-security.co.uk is a site operated by Gardien Limited (we). We are registered
in England and Wales under company number 05836109 and with our registered office
at c/o Seligman Percy, 11 – 16 Prudential Buildings, 61 St Petersgate, Stockport, Cheshire, SK1 1DH..
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the United Kingdom. We do
not accept orders from individuals outside the United Kingdom.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in the United Kingdom; and
(d) You are accessing our site from that country.
4. OUR STATUS
4.1 Please note that we accept orders as agents on behalf of third party sellers.
The resulting legal contract is between you and that third party seller, and is
subject to any terms and conditions of that third party seller, which are also available
on our site. You should carefully review their terms and conditions applying to
the transaction. AT NO STAGE WILL ANY CONTRACT BE FORMED BETWEEN YOU AND GARDIEN
LIMITED AS WE ACT AS AGENTS ONLY.
4.2 After placing an order through our site, you will receive an e-mail from us
acknowledging that we have received your order (the Order Confirmation). Please
note that this does not mean that your order has been accepted by the third party
seller. Your order constitutes an offer to the third party seller to buy a Product.
All orders are subject to acceptance by the third party seller.
4.3 We may also provide links on our site to the websites of other companies, whether
affiliated with us or not. Although we have used reasonable endeavours to assess
all products and services of all third party sellers on our site, we cannot give
any undertaking, that products you purchase from third party sellers through our
site, or from companies to whose website we have provided a link on our site, will
be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.
This DISCLAIMER does not affect your statutory rights against the third party seller.
We may disclose your customer information related to any transaction to the third
party seller.
5. PRICE AND PAYMENT
5.1 The price of any Products will be as quoted on our site from time to time, except
in cases of obvious error.
5.2 These prices include delivery charges, as stated for each product.
5.3 Prices are liable to change at any time, but changes will not affect orders
which have been accepted by the third party seller.
5.4 We are under no obligation to provide the Product to you at any incorrect (lower)
price, even after the order has been accepted by the third party seller, if the
pricing error is obvious and unmistakeable and could have reasonably been recognised
by you as a mis-pricing.
5.5 Payment for all Products must be made via WorldPay and as a WorldPay customer
you shall be subject to the terms and conditions of WorldPay as set out at www.worldpay.com.
6. OUR LIABILITY
6.1 We accept no liability for any loss of income or revenue, loss of business,
loss of profits or contracts, loss of anticipated savings, loss of data, waste of
management or office time or for any indirect or consequential loss or damage of
any kind however arising and whether caused by tort (including negligence), breach
of contract or otherwise, even if foreseeable.
6.2 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to
exclude, our liability.
7. CANCELLATION
If an order is cancelled by the customer within 24 hours of the order time/date
or prior to the shipment of goods, whichever is sooner, then a full refund will
be paid to the customer.
If an order is cancelled by the customer for a Metal Shed/s, which are manufactured
to order, within 48 hours of the order time/date, then a full refund will be paid
to the customer. Otherwise, provided that the cancellation is not due to factors
attributable to Gardien Ltd, then an administrative charge will be deducted from
the refund together with the cost of delivery and return of the goods.
8. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to
you should be in writing. When using our site, you accept that communication with
us will be mainly electronic. We will contact you by e-mail or provide you with
information by posting notices on our website. For contractual purposes, you agree
to this electronic means of communication and you acknowledge that all contracts,
notices, information and other communications that we provide to you electronically
comply with any legal requirement that such communications be in writing. This condition
does not affect your statutory rights.
9. NOTICES
All notices given by you to us must be given to Gardien Limited at info@garden-security.co.uk.
We may give notice to you at either the e-mail or postal address you provide to
us when placing an order, or in any of the ways specified in clause 7 above. Notice
will be deemed received and properly served immediately when posted on our website,
24 hours after an e-mail is sent, or three days after the date of posting of any
letter. In proving the 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.
10. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
10.1 We have the right to revise and amend these terms and conditions from time
to time.
10.2 You will be subject to the policies and terms and conditions in force at the
time that you order products via our site, unless any change to those policies or
these terms and conditions is required to be made by law or governmental authority
(in which case it will apply to orders previously placed by you), or if we notify
you of the change to those policies or these terms and conditions before we send
you the Order Confirmation (in which case we have the right to assume that you have
accepted the change to the terms and conditions, unless you notify us to the contrary
within seven working days of receipt by you of the Products).
11. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English
law. Any dispute arising from, or related to, such Contracts shall be subject to
the exclusive jurisdiction of the courts of England and Wales.