Terms and Conditions of using our website and webshop
Terms and Conditions of using our website
Information about us
www.merryhatton.co.uk is a site operated by Merryhatton Garden Centre Ltd.
Our customer service address is Merryhatton Garden Centre, East Fortune, North Berwick, East Lothian EH39 5JS.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
The Merryhatton name and Merryhatton logo are trademarks of Merryhatton Garden Centre Ltd
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Information about you and your visits to our site
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of
service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org .
Terms and conditions of using our webshop
Purchases from our webshop are governed by our website terms and conditions (above) and in addition, the following terms and conditions will apply.
Product description and image accuracy
We try to give you the fullest information about the product including an image. However, there may be small variations in colour, texture and size. If something is not clear on the website, please call us on 01620 880278 or email email@example.com to confirm any details you require before ordering. If there is a genuine mistake on the website we will of course rectify the situation to a satisfactory conclusion.
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement.
Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
How the contract is formed
After placing an order, you will receive an email confirming that your order is being processed. We will charge your credit or debit card at the time of checkout. All orders are subject to acceptance by us by sending you a confirmation email at which stage the contract is formed. If we cannot fulfil your order for any reason, we will let you know as soon as possible and agree an alternative product with you or provide a full refund.
Availability and delivery
Where a product is out of stock we will offer you a refund or, where you have agreed, provide a substitute product.
On delivery, please ensure that you check the goods are received in good condition. If in the unlikely event your goods have been damaged in-transit, please refuse the delivery. If in-transit damages are discovered after accepting delivery, these must be reported to both ourselves and our couriers in writing within 48 hours. Failure to do so may lead to us being unable to replace goods damaged in transit.
Risk and title
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of
all sums due in respect of the products, including delivery charges.
Price and payment
Prices include VAT but exclude delivery costs, which will be added to the total amount due before you submit your order. Prices are liable to change at any time.
Our returns policy
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks;
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Our right to vary these terms and conditions
We may revise and amend these terms and conditions from time to time.