Terms & Conditions

General Website Terms and Conditions of Use.

A Our Terms

1 These Terms explain how you may use this website (the Site), which is provided by us free of charge.

2 References in these Terms to the Site includes the following websites and all associated subdomains and web pages:

www.cowellsgc.co.uk

3 You should read these Terms carefully before using the Site.

4 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

5 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

6 If you have any questions about the Site, please contact us by:

e-mail: [email protected], or

telephone: 01912863403

7 Calls will be answered at the following times:

Monday - Saturday 09:00 - 17:00
Sunday 10:00 - 16:00

8 We may record calls for quality and training purposes.

9 Definitions

Content

means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

Terms

means these terms and conditions of use as updated from time to time;

Intellectual property rights

means rights such as copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world);

Unwanted Submission

has the meaning given to it in the section entitled "submitting information to the site";

Cookie policy

means the policy (https://www.cowellsgc.co.uk/privacy-policy), which governs how we use cookies in the Site;

Online terms and conditions of sale

means the terms and conditions (https://www.cowellsgc.co.uk/terms), which will apply to you ordering goods, services and/or digital content using the Site;

Privacy policy

means the policy (https://www.cowellsgc.co.uk/privacy-policy), which governs how we process any personal data collected from you;

Site

has the meaning given to it in clause 1.1;

We, us or our

means Cowell's Garden Centre Ltd. (company registration number 08407152) (VAT registration number GB297551319) the registered office of which is at:

Bulman House,
Regent Centre,,
Henry St,
Newcastle upon Tyne
NE3 3LS

References to us in these Terms also includes any group companies which we may have from time to time.

You or your

means the person accessing or using the Site or its Content.

10 We are a member of the following association(s):

Garden Centre Association (GCA)
Horticultural Trades Association (HTA)

(hereafter our "Associations")

11 Your use of the Site means that you must also comply (where applicable) with:

our Online terms and conditions of sale

our Privacy policy

our Cookie policy

12 We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

B Using the Site

1 The Site is for your personal and non-exclusive use only. As long as you comply with these Terms of Use Cowell's Garden Centre Ltd. grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

2 You may not use any "page-scraper", "robot", "spider", "deep-link" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, copy, acquire, or monitor any part of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

3 You may not attempt to gain unauthorized access to any part or feature of the Site, or any other systems or networks connected to the Site or to any of our servers, or to any of the services offered on or through the Site, by password "mining", hacking or any other illegitimate means.

4 You may not scan, probe or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

5 You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ours, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

6 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site.

7 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

8 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

9 You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or those of others.

10 The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

11 You agree that you are solely responsible for:

(i) all costs and expenses you may incur in relation to your use of the Site; and

(ii) keeping your password and any other account details confidential.

12 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at [email protected]

13 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

C Ownership, use and intellectual property rights

1 This Site and all intellectual property rights in it, including but not limited to any Content, are owned by us, our licensors or both (as applicable). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to lawfully access the Site as intended and authorized by us. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

3 Trade marks:

The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.

D Submitting information to the Site

1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us. We therefore cannot guarantee that it will be kept confidential. For that reason, you should not submit any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions) to the Site. While we value your feedback, you agree not to submit any Unwanted Submissions.

2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

E Accuracy of information and availability of the Site

1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot guarantee that it will be. Furthermore, we cannot guarantee that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

2 We may suspend or terminate operation of the Site at any time as we see fit.

3 You may have certain legal rights when using the Site (such as if the Online terms and conditions for the supply of goods apply to you). These are also known as 'statutory rights' as they are derived from laws such as the Consumer Rights Act 2015. A summary of your key rights is set out at the beginning of the Online terms and conditions of sale.

4 Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

5 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

F Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

G Limitation on our liability

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses. This exclusion shall include, but not be limited to:

(a) losses that:

i. were not foreseeable to you and us when these Terms were formed; or

ii. that were not caused by any breach on our part

(b) business losses; and

(c) losses to non-consumers.

H Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

I Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

 

J Disputes

1 We will try to resolve any disputes with you quickly and efficiently.

2 If you are unhappy with us please contact us as soon as possible at [email protected]

3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:

(a) let you know that we cannot settle the dispute with you; and

(b) consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint.

4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.

5 Relevant United Kingdom law will apply to these Terms.

 

Further Terms and Conditions

Basis of the sale

  • Ordering Method: If you are ordering via our Online Shop we will confirm acceptance of your order on-screen. 
  • Description of Plants: We will give you a clear description of the plants we sell. However, there are always slight variations in size, shape and colour between different specimens and illustrations and descriptions are approximate and for guidance only. There are also seasonal variations: deciduous plants will have seasonal discolouration in Autumn and will have no leaves in Winter. Flowers and berries: there is no guarantee that a plant will be in flower or berry at the time of delivery or that they will flower or berry in the year of delivery. Height of Plants refers to a likely height after ten years.  This figure is for guidance only. Goods cannot be returned purely on the basis that the flower colour or other characteristics do not exactly match a particular illustration and description. We only accept orders on this basis.
  • Plants are Perishable Goods and your rights as a Consumer do not fully apply. Plants carry a 7 day return policy (Returns Policy)

Details of the order

  • The quantity, quality and description of the Goods will be those set out in your order.
  • Orders are accepted at our sole discretion but are normally accepted if the goods are available, the order reflects current pricing, you are based in the specified Delivery Area and your credit or account card is authorised for the transaction.
  • Emails to you will be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and contact telephone number.

Price of the goods

  • All prices include VAT at the current rate, in the event, you have placed an order and the price displayed on the website has been incorrectly listed we will inform you within 2 working days and ask you to confirm by e-mail that the corrected price is acceptable. If it is not acceptable then you may cancel the order.

 Availability of the goods

  • We may in our sole discretion from time to time vary the nature of the Goods from that are advertised without notice to you, so long as these variations are not material alterations.
  •  If we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will refund you the price paid for such goods as soon as possible.

Payment terms

  • We accept major debit/credit cards and direct bank payment. All goods must be paid for in full before the delivery date. Goods remain the property of Cowell’s Garden Centre Ltd. until paid for in full.
  • We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from our Mail Order Service unless this is solely due to our negligence.

Delivery

  • We will deliver the Goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.
  • We will aim to deliver within the quoted time frame: our couriers have an excellent track record but delivery times are not guaranteed.
  • If delivery is delayed due to any cause beyond our reasonable control, we will contact you by email or phone to advise you that the delivery will be re-scheduled.

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 Goods once they have been successfully delivered and when we have received cleared payment in full.

Returns and rights to cancel

These are outlined in our Returns Policy (including Rights to Cancel)

Guarantees

We aim to provide top quality plants and products to our customers.

  • We warrant that where the Goods are products and not already covered by a manufacturer’s guarantee, they will meet their specification and will be free from defects in materials and workmanship at the time of delivery.
  • Where the Goods are hardy plants, we warrant that they will be in good condition at the time of delivery and will be of the type ordered, or if that type is not available we will let you know by e mail and, if possible, suggest a suitable alternative which is available. If you do not want the alternative suggested, you will be entitled to order another plant or cancel your order, as you wish.
  • The availability, price and colour of plants we sell to you may vary according to seasonal and market availability. We will endeavour to confirm these details when we confirm your order for the plants or prior to delivery. If there have been any significant variations, you will have the option of cancelling your order.

Liability

  • If you have a valid claim in respect of any of Goods which is based on any defect in their quality or condition or their failure to meet specification in accordance with the Contract, and you have returned the Goods within a reasonable time, you will be entitled to choose either a refund of the price of the Goods or replacement Goods free of charge.
  • We will continually improve the Goods, so changes to them may be made at any time. We aim to keep the Website up to date but the information and specifications given are for your information only and are subject to change without notice. Images on the Website are generally accurate but variations in colour, shape and size must be expected.
  • We assume no responsibility for the contents of any other websites to which this Website has links
  • These terms and conditions do not affect your statutory rights as a consumer.