TheOnlineGardener Terms and Conditions

About The Online Gardener

This web site is owned by TOLG Ltd and hosted by The Online Gardener technology suppliers (Rackspace) on behalf of TOLG Ltd. The Online Gardener takes pride in providing a full service experience. TOLG Ltd, registered office: 22 Langton Court, Ponteland, Tyne & Wear, NE20 9AT, Registered in England: 6866214. VAT number: 886 5680 62

There are four sections to this document:

Privacy Policy

This web site is owned by TOLG Ltd and operated by, The Online Gardener’s technology suppliers, Rackspace on behalf of TOLG Ltd. The Online Gardener respects your privacy. This policy explains how we collect data about you and your use of this web site
You are in control of what information we collect about you. However, if you choose not to share your information some areas of the web site may not be accessible or useable by you.

We may ask you for information about yourself when you place an order or register online, when you enter competitions or other promotions or when you request brochures or other information. We may also invite you to complete surveys or provide us with feedback.

We also collect information about your use of the web site from cookies and by the use of Javascript tags. We may match information gathered from these sources with any information you have given us about yourself for the purposes explained in this policy.

Cookies are small data files which are sent to your browser and the Javascript tags are used to read such cookies. Most browsers automatically accept cookies but you can both delete existing cookies from your browser and, by editing your browser options, choose not to receive cookies in future.

Q How do we use your data?
A We use your data to improve the service we offer you and to try and ensure that you get the best out of our web sites.

Non-marketing use

We will use the information you enter at the site for administration purposes and any other purposes made clear in the data entry forms themselves, in any relevant terms or conditions and on any pages or emails which link to such forms. If you place an order with us we may use your personal data for the purposes explained below under the heading "How we use your order data".

Certain cookies sent to your browser will help us to save you time. For example, if you're halfway through an order our cookies will allow you to browse other areas of the web site and then return to your order.

How we Use your Order Data

If you place an order with TOLG Ltd, we will record your personal details. Your data will be used principally to provide you with the goods and/or services you have purchased. We retain the data you provide, including data we collect when you place an order or use our services and facilities. Your data may be used for the following purposes, accounting, billing and audit, credit or other payment card verification, security, administrative and legal purposes, customer relations and to help us in any future dealings with you, for example by identifying your requirements and preferences. For these purposes we may disclose your data to any of the following: other companies in the The Online Gardener group, other companies involved in providing you with the goods and/or services you have ordered (including our payment gateway service provider, logistics providers and customer service agents), processing companies, our technology suppliers and credit card companies. This may involve sending your data between different countries, including countries outside the European Economic Area.

Direct Marketing

The data you give us about yourself, will enable us to give you updates using the contact details you provide, on your order status. To improve our picture of your interests we may link the data you give us with any data we have gathered (via cookies) about your use of the site.

From time to time we may run customer surveys. For the purpose of these surveys, we may combine cookie data with your answers but we will ensure that the survey results do not identify individual respondents.

Q Who can your data be disclosed to?
A Disclosure of your data to others may be necessary to ensure the smooth provision to you of the products, services and information you request. Your order data may be disclosed to the other entities described above under the heading “How we use your order data”.

Q How may you amend data submitted by you?
A We have designed the web site to make it easy for you to amend personal data you have submitted on any online membership registration form. When you log in you will be given a link which allows you to edit your details. If you require any further guidance on updating the details we hold about you, please contact us.

Q What countries will your data pass through?
A In operating this site, as outlined in this privacy policy, we may send data about site visitors through or to other countries, both inside and outside Europe.

Q Why do we link to other web sites?
A We use links to improve your experience of our web site. We will always seek to make these links clear, so that you know if and when you have left our web site. However, please be aware that these web sites are owned and run by other companies and organisations and we cannot accept responsibility for any information you divulge to a linked web site.

Q How do we keep your data secure?
A We take the security of your data very seriously. To see what steps we take to keep the information you give to us secure follow the link below

Q Do we take statistical data?
A We try to ensure that our web site offers visitors exactly what they are looking for. To help us achieve this goal we may analyse anonymous data collected by cookies about how visitors use the web site. Such data also helps us to measure the success of our campaigns.

We may also collect Internet Protocol addresses to help diagnose problems with our servers and for system administration, but we don't link these addresses to any person's name or identity.

Q Can we make changes to this policy?
A Because we are constantly improving our sites there may be developments in how we use your data. All such developments will be notified to you by updating this policy.

Security Policy

The Online Gardener makes every effort to maintain customer confidentiality when securing an online payment. This includes ensuring the security of your credit card details and other personal information. All of your personal information is encrypted as it travels over the Internet. As with any standard email, emails containing your personal data sent to or from The Online Gardener will travel in a non-encrypted format. The Online Gardener considers your privacy to be of the utmost importance, and is governed by the UK Data Protection Act 1998. If you are concerned with how we might collect and use information about you, you can find a complete explanation in our Privacy Policy section.

Terms & Conditions of Sale

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY – THEY CONTAIN TERMS WHICH WILL BE BINDING UPON YOU WHEN YOU PLACE AN ORDER

The website contains the product range of local garden centres and TOLG Ltd and is made available by TOLG Ltd.

These are the Standard Conditions of Sale for products which can be purchased on the website.

1 About us

This web site is brought to you by TOLG Ltd ("we", "us")a company registered in England and Wales (Company number 6866214, VAT number GB 886 5680 62). If you have any comments or questions about this web site or any aspect of our services please contact us by one of the methods shown below.

EMail – contact us here

Mail: The Online Gardener,
c/o Lintzford Bridge Garden Centre,
Lintzford Road,
Rowlands Gill,
Tyne & Wear,
NE39 1DG

Telephone: 07949 251100 (09.00 to 18.00 UK time)

2 Privacy

Your privacy is important to you and to us. Please see our Privacy Policy for details of what information we collect and how we will use and protect it.

3 Order

3.1 By placing an order on this web site you are making an offer which, if accepted by us, will constitute a binding agreement between us.

3.2 You are responsible for ensuring the accuracy of the terms of any order you submit.

3.3 No order shall be deemed to be accepted by us unless and until it is confirmed by email or in writing by us and payment has been taken from your payment card. We reserve the right to reject any order.

3.4 Any advice or recommendation given on this web site or otherwise given to you by us, or any of our employees or agents, is followed or acted upon entirely at your own risk and, accordingly, we shall not be liable for such advice or recommendation.

4 Product availability and descriptions

4.1 We take care to ensure that all product information and pricing featured on this web site is accurate and up-to-date. However, our products and services are continually updated and the images, specifications and prices may change. The representation of colours on your browser may vary from the actual colours.

4.2 All Goods are subject to availability. In the event that your ordered goods are not available we will:
(a) notify you and no payment will be taken; or
(b) if we have already taken payment from your card, notify you and credit your card with the sum that we have taken.

5 Errors

Any typographical, clerical or other error or omission on any page of this web site shall be subject to correction without any liability on our part.

6 Price

6.1 The price of the Goods will be the price set out on the relevant page of this web site together with delivery charges as set out in paragraph 9 below.

6.2 We reserve the right to change the prices at any time. However, if we accept an order from you, the price for the Goods will be the price set out on the relevant page at the time the order for them is placed.

6.3 Prices for Goods on this web site are shown in pounds sterling (GBP) and are inclusive of UK VAT.

6.4 Transactions authorised on this site will appear on your credit card statement as “The Online Gardener”. Transactions will be effected in pounds sterling (GBP).

7 Payment method

7.1 Upon providing us with details of your chosen payment card and submitting an order, you confirm that you are authorised to use the payment card to pay for Goods on the order and authorise us to deduct from the payment card the full price of the Goods and all other payments due such as delivery charges.

7.2 Where Goods are returned to us in accordance with these terms and conditions, we will credit the payment card with the appropriate amount.

8 Delivery

8.1 The Goods will be delivered to the address shown for delivery on your order form. Items ordered together might not be despatched at the same time.

8.2 Whilst we will try to deliver your order within 7 days (depending on the delivery address) you should allow up to 14 days for delivery.

8.3 Whilst every effort is made to deliver the Goods in accordance with the timescales set out, we do not accept any liability for late delivery of the Goods.

9 Delivery charges

9.1 In addition to the price of the Goods, a delivery charge will be payable.

Delivery charge will not exceed £9.95 inclusive of VAT, per order for delivery, handling & packing. Goods may only be delivered to UK addresses.

10 Cancellation and returns

10.1 You may cancel your order without having to give a reason for up to 7 days after the date upon which you ordered the Goods, provided you return Goods that you do not wish to keep to us within 14 days of receipt in the condition in which they were received, together with a covering letter (detailing your order number, date of order, the delivery address and your contact details) and the original delivery note to enable us to process your request promptly. Once we have received the Goods, we will credit the payment card that you used for payment or, if you prefer, replace the Goods with alternative goods. You are responsible for the cost of return. Note: Any cancellation may incur an administration and restocking fee of up to £25 depending on the size of the item.

10.2 You are not entitled to cancel orders for Goods that have been used or damaged after delivery (except where the Goods are faulty). We will not be responsible for returned goods that are lost or damaged in transit.

10.3 Where a courier company has made all reasonable endeavours to deliver to you but have been unable to contact you through delivery cards and contact information, they will return the items to the garden centre. In this situation we will refund the value of the items but are unable to return the delivery charge.

10.4 Refunds may be given for items net of delivery charge where notice has been given within 28 days of dispatch. The goods must be returned to the dispatching Garden Centre prior to the refund being made at the customers expense.

11 Liability

11.1 You should notify us of any claim by you which is based on any damage to the Goods at the time of delivery or their failure to correspond with the description within 14 days from the date of delivery (by one of the methods set out in paragraph 1 above). If you do not notify us within the required timescales it may be harder for you to prove that the damage occurred before delivery.

11.2. If any Goods are defective and you notify us of the defect within 12 months of the date of delivery of the Goods, we will (at our discretion) either replace them or refund you in full the price of the defective Goods. This quality guarantee does not apply where the defect is due to fair wear and tear, wilful damage by or negligence of anyone other than us, our contractors or agents.

11.3. In the event that a valid claim in respect of any of the goods, which is based on any defect in the quality or condition of the goods, is notified to us in accordance with these terms and conditions, we will be entitled to replace the goods free of charge or, at our sole discretion, refund to you the price of the goods but we will have no further liability to you.

11.4 We shall not be liable for any loss or damage (in contract, negligence or otherwise) where:

(a) There is no breach of a legal duty of case owed to you by us;

(b) The loss or damage is not a reasonably foreseeable result of any such breach;

(d) Any increase in loss or damage results from a breach by you of these terms.

11.5 Nothing in these terms and conditions excludes or limits our liability for fraud or for death or personal injury caused by our negligence.

11.6 Your statutory rights are not affected by these terms.

12 Data Protection

If you place an order with TOLG Ltd, we will record your personal details. Your data will be used principally to provide you with the goods and/or services you have purchased. We retain the data you provide, including data we collect when you place an order or use our products and services. Your data may be used for the following purposes: accounting, billing and audit, credit or other payment card verification, security, administrative and legal purposes, customer relations and to help us in any future dealings with you, for example by identifying your requirements and preferences. For these purposes we may disclose your data to any of the following: other companies in the The Online Gardener group, other companies involved in providing you with the goods and/or services you have ordered (including our payment gateway service provider, logistics providers and customer service agents), data processing companies, our technology suppliers and credit card companies. This may involve sending your data outside the European Economic Area

13 Variation

We reserve the right to change these Terms and Conditions at any time. The new version will be posted on the web site and will take effect and govern new orders immediately upon posting. If you place a new order after the new Terms and Conditions have come into effect this will indicate your agreement to be bound by the new Terms and Conditions.

14 Governing law

These terms and conditions shall be subject to English law and the parties hereby submit to the non-exclusive jurisdiction of English courts.

Terms & Conditions of Usage

The Online Gardener Website User Agreement

General (www.theonlinegardener.com)

This Website is owned by TOLG Ltd and operated by The Online Gardener’ technology suppliers Rackspace on behalf of TOLG Ltd. TOLG Ltd registered office is at 22 Langton Court, Ponteland, NE20 9AT, England. For the purposes of these Terms and Conditions “We”, “Our” and “Us” refers to TOLG Ltd. Please review these Terms and Conditions carefully before using this Website. Your use of this Website indicates your agreement to be bound by these Terms and Conditions.

Data Protection

Any personal information you supply to Us when you use this Website will be used in accordance with Our Privacy Policy.

View our Privacy Policy

Proprietary Rights

All trade marks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned either directly by Us or by Our licensors. Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part.

Acceptable Use

You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this Website.
In particular, you agree that you will not:
post, transmit or disseminate any information on or via this Website which is or may be harmful, obscene, defamatory or otherwise illegal;
use this Website in a manner which causes or may cause an infringement of the rights of any other;
make any unauthorised, false or fraudulent booking;
use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
deface, alter or interfere with the front end ‘look and feel’ of this Website or the underlying software code;
take any action that imposes an unreasonable or disproportionately large load on this Website or related infrastructure;
obtain or attempt to obtain unauthorised access, via whatever means, to any of Our networks.

Without prejudice to any of Our other rights (whether at law or otherwise) We reserve the right to:

cancel your bookings without reference to you; and/or
deny you access to this Websit; where We believe (in Our absolute discretion) that you are in breach of any of these Terms and Conditions.

Changes to this Website

We may make improvements or changes to the information, services, products and other materials on this Website, or terminate this Website, at any time without notice. We may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on this Website. Accordingly, your continued access or use of this Website is deemed to be your acceptance of the modified Terms and Conditions.

Links to Other Websites

This Website may include links to other internet sites. We do not endorse any such websites and We are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remains solely at your own risk.
You may only link to this Website with Our express written permission. We expressly reserve the right to withdraw Our consent at any time to a link which in Our sole opinion is inappropriate or controversial.

Limitation of Liability

We shall not be liable for any loss or damage (in contract, negligence or otherwise) arising out of the use of this website or any information contained in it where:
(a) There is no breach of a legal duty of care owed to you by us;
(b) The loss or damage is not a reasonably foreseeable result of any such breach, or

(c) The loss or damage is not an indirect result of any such breach; or
(d) Any increase in loss or damage results from a breach by you of these terms and conditions.

Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury caused by negligence or for fraudulent misrepresentation.

Disclaimer of Warranty

To the maximum extent permitted by law, We disclaim all implied warranties with regard to the information contained on this Website. All such information is provided “as is” and “as available” without warranty of any kind.

Indemnification

You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms and Conditions.

Terms and Conditions of Sale

These Terms and Conditions refer only to your use of this Website and separate terms and conditions apply to any purchases or orders that you make from this Website.

View Terms & Conditions of Sale section

Miscellaneous

These Terms and Conditions contain all the terms of your agreement with Us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by Us) will be incorporated.
Your use of this Website, any downloaded material from it and the operation of these Terms and Conditions shall be governed by, construed and interpreted in accordance with the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the English Courts. We reserve the right to bring proceedings in the Courts of the country of your residence.