Terms and Conditions
General
The website owner, Grasmere Gardens & Landscape Retail Ltd (referred herein as “we” or “us”), provides the information contained on this website and any pages comprising the website to visitors (referred herein as “you”) subject to the terms and conditions.
By purchasing through our website, you are purchasing goods which will result in a binding contract.
Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us.
Our details
Grasmere Gardens & Landscapes Retail Ltd is a company registered in England and Wales, registration number 14462788.
Our registered office is Lichfield Road, Brownhills, Walsall, West Midlands WS8 6LL.
Our VAT number is GB472555083.
Our contact details are: by telephone: 01543 372927; by email: enquiries@grasmerestaffs.co.uk.
Time periods
All time periods quoted in these Terms & Conditions will be extended to the next working day if they end on a Saturday, Sunday or Bank Holiday. This includes, but is not limited to, all cancellation periods and the time limits for returning goods, providing refunds, etc.
Making a purchase
Payments can be made via Credit/Debit card, Paypal, Apple Pay, and Google Pay.
Out of stock and busy periods
If we encounter any delays to your order, or if the item you have ordered is out of stock, we will let you know as soon as possible. We will provide you with an estimated delivery date or alternative product once the order is confirmed. If we cannot provide you with this, you will be offered a full refund if you have already paid.
Due to our garden centre being a live centre where any stock we have is displayed for customers to purchase, it is possible that any items shown on the website as available for purchase could sell out in store before the items are collected for any pending orders. Whilst we will do all that we can to avoid this, should it occur that items you purchase are out of stock, we will make contact before completing orders for delivery to arrange for alternate items or a refund.
Whilst we will make every effort possible to deliver your goods as quickly as possible, sometimes we can get very busy during peak sale periods, and some items will sell out very fast. At these times our stock ordering and delivery services will be pushed to their maximum capabilities so to avoid disappointment we strongly recommend that you order your goods as early as possible.
Information on the Website
Whilst we make every effort to update the information contained on the website, neither the website owner nor any third party or data and content provider make any representations or warranties, whether express, implied in law, or residual, as to the sequence, accuracy, completeness, or reliability of information, opinions, price or research information, data, or content contained on the website, and the company shall not be bound in any manner by information contained on the website.
The information on this site is subject to change without notice.
The information on this site is provided “as-is” without warranty, either express or implied, of ANY KIND, for promotional purposes only.
Images on our web site do not show the actual size of items. All sizes and measurements are approximate but we do try to make sure they are as accurate as possible. On the rare occasion that there is an error, we will advise you about it as soon as possible.
Sometimes our product specifications may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our 14 day returns policy.
Trade Marks and Third Parties
The trade marks, names, logos, and service marks displayed on this website are registered and unregistered trade marks of the website owner and affiliate or co-operative companies providing products to the company.
This site may contain links to other websites operated by companies or organisations other than us. These links have been provided solely for you to obtain further information about other relevant products and entities in the market. We have no control over the information on these sites or the products or services on them, and therefore make no representations regarding the accuracy or suitability of the information, services, or products described on them. You are advised to make your own enquiries in relation to third parties described or linked on this site. Inclusion of a link to a third party site should not be construed as that party’s endorsement of this site.
By linking to sites operated by third parties, we are not authorising the reproduction of any material on such sites, as such material may be the subject of intellectual property rights.
We are either the owner or licensed user of the copyright in the material on this site. You may not reproduce, adapt, upload, link, frame, broadcast, distribute or in any way transmit the material on this site without the written consent of Grasmere Gardens & Landscapes Retail Ltd, other than to the extent necessary to view the material or as permitted by law.
Security and Privacy
We hold your data in compliance with the relevant data protection laws, and do not pass any private information on to any third parties.
Any details given are used only for purposes stated in relevant areas where you may provide your information, such as where to send your order, how to contact you and your card details for payment. We promise to keep all information that we collect from you in a safe and secure way.
It is your responsibility to ensure that the details you provide to us are correct and complete.
Any information shared by you on any public sections of the website are your responsibility. Whilst we do not encourage or suggest personal details be shared, if you choose to do so anyway, you are liable for any issues which may arise following the sharing of your personal details in a public area.
Pricing and descriptions
We have taken care to describe and show products as accurately as possible. Despite this, products may vary from their descriptions. If there is anything that you do not understand, or if you wish to obtain further information, please contact customer services by emailing: enquiries@grasmerestaffs.co.uk.
In the unlikely event that there is a difference between the price of a product in our store and the price on our website, you will be charged the price shown on the website. We are under no obligation to honour any in-store price or promotion in the event that it differs from those on the website.
If, by mistake, we have under-priced a product, we will not be liable to supply that product to you at the stated price, provided that we notify you before you purchase it (in store) or before we dispatch the product to you (following website order). In those circumstances, if you do not consent to pay the higher price, we reserve the right to cancel your order. In the event we cancel your order, we will give you a full refund on any amount already paid for that product in accordance with our return and refund policy.
All prices are expressed inclusive of any VAT payable unless otherwise stated.
The price of the product does not include the delivery charge, which will be added during checkout. Further details about our delivery charges are provided below.
Local Delivery by our team
We can deliver locally to your home or another address of your choosing, whether you order the items in store or through our website. There is a fee for delivery which varies depending on how far away from our store you wish the items to be delivered.
Zone 1 (0-3 Miles) - £6
Zone 2 (3-6 Miles) - £8
Zone 3 (6-10 Miles) - £12
Please see the map below.
We endeavour to deliver items same day or next day, depending on when during the day the order is placed and how busy the store is. If this is not possible you should receive your items within 4 working days. We will send an e-mail to your email address or contact you by telephone to inform you of the dispatch of your goods. Please note that we will not be liable if delivery is delayed due to matters beyond our control such as extreme weather. If there is any circumstance that causes delivery of your order to be delayed, we will communicate with you.
We instruct all our delivery drivers to complete deliveries to the address you have stated on your customer order. To ensure the product reaches you in good condition and you are satisfied with your goods, all our deliveries are completed with a “Proof of Delivery” service. This means that if you are home to accept goods in person a signature is required for acceptance, and if you are not available to accept the goods in person, our delivery driver will take photographic evidence of the safe place on your property, as detailed by you when you placed the order, where the delivery order has been left.
During our order process you can give instructions for the driver as to where to leave your delivery if no one is in, we cannot guarantee these instructions will be followed as it is at the discretion of the driver. Alternatively, you can elect to have your goods left with a neighbour, should you be unable to take delivery in person.
Deliveries will only be left unattended if you give us permission to do so. However, goods are left at your own risk and we cannot be held responsible for any damage or loss of your goods.
If we are unable to deliver to the address stated on the order, including if you are not at home and have not provided instructions to leave your order unattended, we will contact you to arrange an alternative address to deliver the order to, or to gain further instruction on how to access the preferred address. If the driver is unable to get hold of you, the goods will need to be returned to the store and re-delivered and this will incur an additional delivery charge, unless you decide to collect your order yourself. In this circumstance you will not be refunded the initial delivery fee that you have paid.
Nationwide Delivery
Nationwide delivery is available via a number of couriers (predominantly Royal Mail). For smaller items that are also under 2KG, shipping is charged at £3.95 for Royal Mail Tracked 48 on orders under £50, and is free on orders over this. Royal Mail Tracked 24 is available for an additional £1.95 on all orders. For larger/heavier items, prices for shipping will vary dependant on size/weight and the cost for this will be calculated at checkout. Tracked services will always be used.
Orders placed by 1PM (Monday-Friday) will be dispatched same day. Anything after this time will roll over to the next working day.
Click and Collect
Click and Collect is available on all of our products. We will send an email when your order is ready to be collected. This will usually be within 24 hours. Please bring your order confirmation email with you for collection.
Delivery of restricted items
We offer a large range of gardening products and some of the products, for example, garden tools or fertilisers, can be unsafe or dangerous to children. It is therefore a condition of purchase that you are aged 18 or over at the time you make the purchase from us.
Our responsibilities to you
We sell products for personal use in your home and garden and therefore cannot be liable for business losses such as loss of data, loss of income or other loss of business. Our total liability to you in any case will not exceed the total price charged to you. Nothing in this paragraph limits your statutory rights.
Product Handling
Care should be taken when handling the products. The safe use of the product is your responsibility and you accept that any loss or injury arising from its use will be your responsibility. Please be aware that some plants can cause skin irritation.
Returns and refunds
When you buy from us, we want you to be happy with your purchase. However, we know sometimes you may wish to return products you have brought from us.
If your product arrives damaged or is faulty:
- If any of our products arrive damaged or faulty, please contact us as soon as possible so that we can rectify the problem to your satisfaction. Consumer Rights legislation gives you 30 days from the date of receiving your goods to return an item that arrived damaged or faulty.
- If you believe there is a fault with the quality of any item purchased, including plants, this may require photographic evidence in order to issue a refund or replacement, or may further require you to bring it in store for inspection by a member of staff.
- In cases where we are satisfied the product arrived damaged or faulty, we will offer to exchange or replace the item or refund what you have paid, including any delivery charge, if that is what you prefer.
If you change your mind (this sub-section applies to goods purchased in store):
- If you change your mind about a product you have purchased in-store and you return it to us within 14 days of purchase, in an un-used condition and in its original, un-opened packaging, we will offer you the option to exchange it for an item of the same value or to receive its equivalent value in store credit vouchers. You will need to provide proof of purchase in the form of your store receipt. You will not be entitled to a refund.
- Please note that we reserve the right to refuse to accept the return of perishable items such as live plants. The return of perishable items will be at the discretion of the Manager of Grasmere Gardens & Landscapes Retail Ltd.
If you change your mind (this sub-section only applies to goods purchased through our website):
- If you want to return a product you have bought through our website because you have changed your mind, and it is not an exempt item (see below), please contact us within 14 days of receipt to inform us that you wish to cancel your order.
- Subject to the terms set out below, we will refund the full amount that you paid . You will bear the cost of returning the item.
- We ask that you look after the product whilst it’s in your possession and that when you return the product to us you also let us have all the original packaging, tags, labels and accessories. We have a right to deduct an amount from your refund if you have diminished the value of the goods by handling them beyond what is necessary to establish their nature, characteristics and function. The appropriate amount to be deducted will be decided by us.
- You must return the item to us within 14 days of informing us that you wish to cancel your order. If the item is bulky, we will arrange to collect it from you but there will be a cost, equivalent to the relevant delivery fee.
Exempt items:
Consumer Rights legislation excludes some products from the right to return in circumstances when the items are not faulty/damaged. These products include perishable items such as plants. This means that when you have ordered plants through our website, including real Christmas trees and wreaths, they are excluded from the right to cancel your order within 14 days. You will only be offered a refund on perishable items if they are not fit for purpose.
Trees and wreaths are either living or made from living material so there will be some variation from those depicted in the photographs on our website. Please note that minor damage to plants, particularly lower branches of trees, can occur during transit and is not cause for a return/refund unless it causes significant detriment to the overall quality of the plant/tree such that it is not fit for purpose.
Other products purchased online that are exempt from the right to cancel are those where you have combined them with other items in such a way that they cannot be separated and still maintain their original condition. By way of example, this includes, but is not limited to, planting in soil or mixing gravels or manures.
Obtaining your refund:
- If you are entitled to a refund, we will refund you directly onto the card that was used to make the purchase.
- Refunds for products purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.
- We aim to process refunds as quickly as possible and this will usually be within 2 working days of the goods being received by us. If for any reason this does not occur, we are legally obliged to process your refund within 14 days of the goods being received by us.
Making a Complaint
If you are unhappy with a product you have purchased or the service you have received in store or from one of our delivery drivers, please do not hesitate to contact us so that we can try to put things right. Please contact us using the details provided at the beginning of these Terms & Conditions and ask to speak to the Manager. Your complaint will be acknowledged within 3 working days and, following investigation, a substantive response will be given within 30 days. The Manager will contact you if s/he requires further information or to otherwise discuss your complaint before making a decision.
Public Forums and User Submissions
We are not responsible for any material submitted to public areas by you. We reserve the right to remove any material submitted or posted by you in the public areas, without notice to you, if we become aware and determine in sole and absolute discretion that you are, or there is likelihood you may, included but not limited to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the rights of other users of any third parties;
- Publish, post, distribute, or disseminate any defamatory, obscene, indecent, or unlawful material or information;
- Post or upload files that contain viruses, corrupted files, or any other similar software or programmed that may damage the operation of the website owner’s and/or a third party’s computer system and/or network;
- Violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the website owner or any third party;
- Submit contents containing marketing or promotional material which is intended to solicit business.
Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic, or violates any applicable law. You hereby indemnify the website owner against any loss, liability, damage, or expense of whatever nature which the website owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post such message or material.
Alteration
At any time we may modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
We shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
Waiver
No indulgence or extension of time which either we or you may grant to each other will constitute a waiver of, or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
Nothing in this policy affects your statutory rights.
If you would like to know more about your legal rights, please visit https://www.gov.uk/
If you have any questions, comments of concerns arising from the website or any relevant terms and conditions, or the way in which we are handling your personal information, please contact us.
Severability
All provisions of any relevant terms and conditions, notwithstanding the manner in which they have been grouped or linked together, are severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to invalidity, unlawfulness, illegality, voidness, or for any other reason whatever, shall, in such jurisdiction only and only to the extent it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions shall remain in full force and effect.
Applicable Laws
Any relevant terms and conditions, policies, and notices shall be governed by and construed in accordance with the laws of England without giving effect to any principles of conflict of law.
You hereby consent to the exclusive jurisdiction of the High Court of England in respect of any disputes arising in connection with the website, or any relevant terms and conditions, or services provided by us.
Please note that the above important information constitutes our terms and conditions for use of this website. If you do not agree to these terms and conditions, do not continue to use the site.