Last Updated: November 15, 2023
Introduction
Welcome to Garden Haven. These Terms and Conditions ("Terms") govern your use of the Garden Haven website (gardenhaven.com), services, and any content provided by Garden Haven ("we," "us," or "our"). By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website.
Acceptance of Terms
By accessing this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and Garden Haven.
Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. Your continued use of the website after any changes indicates your acceptance of the modified Terms. It is your responsibility to review these Terms periodically.
Website Use
Permitted Use
You may use our website for lawful purposes and in accordance with these Terms. You agree not to use our website:
- In any way that violates any applicable federal, state, local, or international law or regulation
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
- To impersonate or attempt to impersonate Garden Haven, a Garden Haven employee, another user, or any other person or entity
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which may harm Garden Haven or users of the website
Account Responsibilities
If you create an account on our website, you are responsible for:
- Maintaining the confidentiality of your account and password
- Restricting access to your computer or device
- All activities that occur under your account or password
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
Intellectual Property Rights
Ownership
The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Garden Haven, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for personal, non-commercial purposes. This license does not include:
- Modifying or copying our materials
- Using any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
- Using any data mining, robots, or similar data gathering and extraction methods
- Downloading (other than page caching) any portion of the website, except as expressly permitted
- Using our website or its content for any commercial purpose
- Reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any portion of the website
Trademarks
The Garden Haven name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Garden Haven or its affiliates or licensors. You may not use such marks without the prior written permission of Garden Haven. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.
User Content
User Contributions
Our website may contain interactive features that allow users to post, submit, publish, display, or transmit content ("User Contributions"). All User Contributions must comply with the Content Standards set out in these Terms.
Content Standards
User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person
- Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability
- Be likely to deceive any person
- Promote any illegal activity, or advocate, promote, or assist any unlawful act
- Involve commercial activities or sales, such as contests, sweepstakes, and other promotions without our prior written consent
- Give the impression that they emanate from or are endorsed by us or any other person or entity
License to User Contributions
By providing any User Contribution to our website, you grant us and our affiliates and service providers, and each of their respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
Monitoring and Enforcement
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason
- Take any action with respect to any User Contribution that we deem necessary or appropriate
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights
- Take appropriate legal action for any illegal or unauthorized use of the website
- Terminate or suspend your access to all or part of the website for any or no reason
E-Commerce Terms
Product Information
We strive to provide accurate product information, but we do not warrant that product descriptions, colors, or other content is accurate, complete, reliable, current, or error-free. If a product offered by Garden Haven is not as described, your sole remedy is to return it in unused condition.
Pricing and Payment
All prices are shown in GBP (British Pounds) and are inclusive of VAT where applicable. We reserve the right to refuse or cancel orders, including after an order has been submitted, whether or not the order has been confirmed and your payment processed. If your payment has been processed and your order is canceled, we will issue a credit to your payment method.
Shipping and Delivery
We ship products within the United Kingdom and to select international destinations. Delivery times are estimates only and cannot be guaranteed. Garden Haven is not liable for any delays in shipments. Risk of loss and title for items purchased from our website pass to you upon delivery of the items to the carrier.
Links to Third-Party Websites
Our website may contain links to third-party websites or services that are not owned or controlled by Garden Haven. Garden Haven has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Garden Haven shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT, FUNCTIONS, AND MATERIALS PROVIDED THROUGH THE WEBSITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
GARDEN HAVEN DOES NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT WILL GARDEN HAVEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (III) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Indemnification
You agree to defend, indemnify, and hold harmless Garden Haven, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the website, including, but not limited to, your User Contributions, any use of the website's content, services, and products other than as expressly authorized in these Terms.
Termination
We may terminate or suspend your account and bar access to the website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the website will immediately cease.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Dispute Resolution
Any dispute arising out of or relating to these Terms, including their interpretation, breach, termination or validity, will be resolved through arbitration administered by the London Court of International Arbitration under its Rules, by a single arbitrator appointed in accordance with said Rules. The arbitration shall take place in London, United Kingdom, and shall be conducted in the English language.
Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Complete Agreement
These Terms constitute the entire agreement between you and Garden Haven regarding our website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.
Contact Information
If you have any questions about these Terms, please contact us:
- By email: [email protected]
- By phone: +44 6880 475060
- By mail: Flat 49 Linda Lights Sofiabury M20 1BT, United Kingdom