Terms and Conditions of Sale
CONDITIONS OF SALE
1. All orders accepted on condition that they shall be executed at prices current at the date of delivery.
2. Payment to be made as detailed on invoice, interest of 2% per month or part month to be charged on overdue accounts.
3. Satisfactory trade references are required for new ledger accounts.
4. The time of delivery of all orders and contracts is subject to variation from causes beyond our control such as war, strikes, lock-outs, fire, flood, loss and delay at sea, etc.
5. All delivery times or dates are estimates only. While our best endeavours will be used to despatch within the specified period nevertheless we accept no responsibility for any loss or damage resulting from delays or non delivery.
6. Cancellation cannot be accepted for goods/services requiring special manufacture or ordering.
7. No claims can be entertained unless we are advised in writing of the cause and extent of the same within seven days of delivery of the goods/services.
8. Our liability on goods/services found and agreed to be defective is limited to free replacement of the defective part only. No claim for expenditure upon them or for other consequential damages or losses will be entertained.
9. Goods/services delivered in correct execution of order may on no account be returned without our previous agreement. Failure to obtain this may result in refusal to accept or tender by the carriers.
10. A handling charge of not less than 15% of the invoiced value will be made on all goods/services returned which have been supplied in correct execution of order and which are not defective.
11. Any variation or qualification of these conditions shall not be applicable unless expressly accepted by us in writing.
12. It is an express condition of sale that the sellers have a lien on the goods/services until they are paid for.
13. The conditions of sale are subject to the law of Scotland.
Website Terms and Conditions for Use
WELCOME TO THE Angus Horticulture Limited WEBSITE TERMS AND CONDITIONS FOR USE.
THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.angus-horticulture.co.uk and www.angushorticulture.co.uk BY ACCESSING THESE WEBSITES AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER YOU ORDER FROM US OR NOT. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The www.angus-horticulture.co.uk and www.angushorticulture.co.uk website is operated by:
Angus Horticulture Limited, a company registered in Scotland, who operates from Polmood, Guthrie, Forfar, Angus DD8 2TW.
Our contact details are as follows:
Trading address: Polmood, Guthrie, Forfar, Angus DD8 2TW
I. We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. ORDERING FROM US
I. Placing an order with us is done by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order confirmation email, detailing the products you have ordered.
II. Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
III. We may refuse to accept an order:
i. if certain goods are not available;
ii. where it is not possible to obtain authorisation for your payment;
iii. if there has been a pricing or product description error; or
iv. if you fail to meet any eligibility criteria set out in our terms and conditions.
I. All prices include VAT (where applicable) at the current rates.
II. Where we charge separately for shipping and/or insurance and other relevant charges, the appropriate rates are set out elsewhere on this website.
III. Our prices are reviewed frequently.
IV. All goods remain the property of Angus Horticulture Limited until paid for in full with no exceptions.
V. We reserve the right to adjust prices to cover increases or decreases in cost.
4. RIGHT TO CANCEL
The customer has a cooling off period of 7 working days in which to cancel the order for products. The cooling off period commences the day after the goods are received by the customer. In the event of cancellation of the order after the goods are despatched or received by the customer then, unless the goods are faulty or damaged, the customer will be responsible for the cost of returning the goods to the supplier.
Faulty items must be reported to Angus Horticulture Limited within seven days of receipt of goods. All breakages, shortages or errors must be notified within 24 hours of delivery, or will not be accepted.
The rights to return the goods to uswill not apply in the following circumstances: - in the event that the product has been used, or is missing the original packing or the original packaging has been damaged.
I. You may print and download extracts from this Website for your own use on the following basis:
i. no documents or related graphics on this Website are modified in any way;
ii. no graphics on this Website are used separately from associated text; and
iii. any of our copyright and trademark notices and this permission notice appear in all copies.
II. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.I above for any purpose is forbidden. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
III. Subject to clause 5.I, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
IV. Any rights not expressed in these terms are reserved.
6. SERVICE ACCESS
I. While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
II. Access to this Website may be suspended temporarily and without notice in the event of system failure, maintenance or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
i. You are forbidden from posting or transmitting to or from this Website any material:
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
for which you have not obtained all necessary licences and/or approvals;
ii. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
II. You may not misuse the Website (including, without limitation, by hacking).
III. We will fully co-operate with law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.II or 7.III
8. LINKS TO AND FROM OTHER WEBSITES
I. Links to third party websites on this Website are provided for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are therefore not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so at your own discretion.
II. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
i. you do not remove, distort or otherwise alter the size or appearance of the Company Name logo;
ii. you do not create a frame or any other browser or border environment around this Website;
iii. you do not imply that we are advertising any products or services other than our own;
iv. you do not misrepresent your relationship with us nor present any other false information about us;
v. you do not otherwise use any Angus Horticulture Limited trademarks displayed on this Website without our express written permission;
vi. you do not link from a website that is not owned by you; and
vii. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.II for breach of these terms and to take any action we deem appropriate.
III. You shall fully indemnify us for any loss or damage we may suffer or incur as a result of your breach of clause 8.II
I. While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and there is no commitment to update such material. We reserve the right to amend any product price, design, specification, appearance or colour without prior notice. There could also be variations in packaging, which are beyond our control.
II. The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website. Ordering from Angus Horticulture Limited, whether by fax, email or verbally will mean you have read and accepted our terms and conditions in full with no exceptions.
I. We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
II. Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
III. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all resulting costs.
IV. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
11. GOVERNING LAW AND JURISDICTION
I. These terms and conditions shall be governed by and construed in accordance with Scottish law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Scottish courts.
II. We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is forbidden to access the Website from areas where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own discretion and you are responsible for compliance with local laws.
I. You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
II. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect.
i. Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
13. SHIPPING AND DELIVERY
I. For next day delivery we request that orders are received no later than 0900 hours. We cannot guarantee next day delivery at any time.
(Please see the shipping policy.)
14. PRODUCT IMAGES
I. Images used on www.angus-horticulture.co.uk & www.angushorticulture.co.uk are used with the express permission of the copyright holder. Angus Horticulture Limited endeavour to keep all product images up to date. However, these are for representation purposes only and are subject to change without notification by the manufacturers.
II. By registering or placing an order on this website, you consent to the collection, use and transfer of your information under the terms of this policy.
III. When you visit or order products or services on www.angus-horticulture.co.uk or www.angus-horticulture.co.uk you may be asked to provide certain information about yourself including your name, contact details and credit or debit card information. We may also collect information about your usage of our website as well as information about you from messages you post to the website and e-mails or letters you send to us.
IV. To maintain customer service standards and to assist staff training, we may record and monitor incoming calls.
V. Your information will enable us to bill you and to contact you where necessary concerning your orders. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business.
VI. In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the website or our services, including our newsletter. Further, where you have consented, we might also use your information to let you know by email about other products and services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please let us know.
VII. The information you provide to us may be accessed by or given to third parties some of whom may be located outside the European Economic Area who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information, fulfil and deliver orders, process credit card payments and provide support services on our behalf. We may also pass aggregate information on the usage of our website to third parties but this will not include information that can be used to identify you.
VIII. Finally, if our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.
IX. Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps at Angus Horticulture Limited to ensure that your information is used by third parties in accordance with this policy.
X. Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.
Cookies are small amounts of information which we may store on your computer.
Unless you have indicated your objection when disclosing your details to us, our system will issue cookies to your computer when you log on to the site. Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor website traffic and to personalise the content of the site for you. You may set up your computer to reject cookies by following the relevant instructions which can be found at www.aboutcookies.org. In that case, you may not be able to use certain features on our site. If you do not wish to receive cookies in the future, please let us know at www.angus-horticulture.co.uk.
We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.