Terms and Conditions

Our Terms and Conditions

These are our terms and conditions for using our website and our services.

[1] INTRODUCTION These terms and conditions of sale apply to all contracts for products and/or services from SeaGreen Gardens. Please read these terms and conditions of sale carefully. By instructing us to undertake works on your property or by making a purchase of products or installation, you expressly agree to these terms and conditions and you agree to be bound by these terms and conditions.

[2] DEFINITIONS In these terms and conditions of sale “we”, “us” and “the Company” means “SeaGreen Gardens”; (“our” and “us” shall be construed accordingly). “You”, “the Customer” and “the Buyer” means our customer or potential customer for products and/or services; (“your” will be construed accordingly). “the Website” means the website located at the domain https://www.seagreengardens.co.uk and the services associated with the operation of the website. These terms and conditions of sale will henceforth be referred to as “The Terms and Conditions of Sale” or “The Agreement”. “Our Products” “Service” and “Products” means the items and services made available by SeaGreen Gardens.

[3] GENERAL TERMS AND CONDITIONS We reserve the right to refuse to supply our products or service to any person at any time and for any reason. As a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms and conditions of sale.

[4] DESCRIPTION OF PRODUCTS We strive to make the descriptions of our products as accurate as is reasonably possible to ensure that our customers have the best information available to them on which to make their purchasing decisions. The description of our products may include photographs of example designs. The examples presented to you on our website and other marketing materials may include images of products or installations in a setting or with additional products alongside. Some of these products or services may not available for sale, or may be additional to any quotation we provide to you. In this situation the additional products/services are used solely for demonstrative purposes. This practise allows us to show potential customers how an installation could look in the event that they decide to instruct us to carry out individual services and make their own arrangements for additional developments later. It remains always the responsibility of the buyer to gain a full understanding of the services being contracted before placing an instruction for works. In order to assist with this process we commonly provide quotations or estimates to provide guidance of the work proposed and the associated costs. We will use reasonable endeavours to provide a quotation which is accurate and realistic for the works concerned. From time to time it will occur that additional and/or unexpected works will be required, without which the original project cannot be completed. In such instances, we will liase with you to determine an agreed route to resolution. In any case you agree that we cannot be held responsible for unexpected additional costs, required necessary works or any other events outside of our control which result in an increase in costs.

[5] PRICES AND PAYMENT The price of our products will be as quoted or as advertised by other means, except in the case of obvious error. Our prices are liable to change and we reserve the right to change our prices without prior notice. Any changes to the price of our products will not affect works orders which have already been instructed and the customer has received an order confirmation from us. Payment for products and services is required in full at the time of submitting an instruction for works. Where we agree to delay any request for payment, it shall become due upon the issuance of an invoice, or completion of works, whichever is sooner.

[6] ORDER PROCESS The advertising of products on our website and by other means constitutes an “invitation to treat”; and your instruction to commence works or order to supply products/materials constitutes a contractual offer. No contract will come into force between you and us until such time that we accept your order in accordance with the procedure detailed below. Any email or verbal discussion is intended to acknowledge your order and to confirm that we have received your instruction. It does not constitute that a contract exists between you and us. We will prepare your products and/or services and deliver them to you using a delivery method agreed by you and us. Only when we have delivered your products does a contract exist between you and us.

[7] AMMENDMENTS You may make amendments to your instruction for works and/or materials until such time that we either commence work or, where we begin to obtain products/materials associated with your instruction. An amendment to your order at any stage may result in a delay to the commencement of any works or materials being delivered.

[8] DELIVERY In addition to the price of products and services, a delivery charge may be levied for the delivery of products to some territoties. You will be advised, by us, of any delivery charge before confirming your order. We will arrange for the delivery of products to the delivery address indicated in your order. We will use reasonable endeavours to deliver products within the timescales advertised on our website; or where specifically agreed with a customer if sooner.

[9] RETURNS AND WARRANTIES Where we supply a product or service accompanied by an expressed warranty we will ensure, using reasonable endeavours, that the product or service concerned lasts for at least the time specified in the accompanying warranty. In the event of any failure or defect of any product/service, you must inform us as soon as reasonably practicable and within fourteen (14) days of noticing the defect. We will discuss the issue with you directly and may require additional information to help us understand the nature of the problem encountered. This may include a visit to your property for further inspection. Where we agree that the failure/defect is a result of faulty products and/or workmanship, we will repair the defect concerned. We cannot be held liable for any consequential loss or for any loss of use of the installation as a result of any defect. In any event, the maximum liability we will accept is the total sum initially paid by you for the product/service concerned.

[10] CANCELLATION BY US We may cancel a contract to supply products and/or services made under these Terms and Conditions of Sale immediately by giving you written notice if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations under the contract.

[11] FORCE MAJEURE 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: • Strikes, lock-outs or other industrial action. • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. • Impossibility of the use of public or private telecommunications networks. • 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.

[12] YOUR WARRANTS You warrant to us that (i) you are legally capable of entering into binding contracts and you have full authority, power and capacity to agree to these Terms and Conditions of Sale (ii) you are aged 18 or over; and (iii) the information provided in you order is accurate and correct.

[13] CUSTOMER INFORMATION AND PRIVACY We will not share your information with any third party other than when it is necessary to do so in order to process your order, (for example, your address will be passed to our courier in order that your products can be delivered), or when we are required to do so by law.

[14] LIMITATION OF LIABILITY We shall not be liable for any all loss or damage suffered by the customer in excess of the contract price.

[15] ENTIRE AGREEMENT AND WAIVER These Terms and Conditions of Sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether verbal or written. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, or of the right at any time subsequently to enforce all Terms and Conditions of this agreement.

[16] SEVERABILITY In the event that any provision of these Terms and Conditions of Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law. The unenforceable portion shall be deemed to be severed from these Terms and Conditions of Sale and such determination shall not affect the validity and enforceability of any other remaining provision.

[17] ALTERATIONS TO THIS AGREEMENT We reserve the right to revise and amend this agreement from time to time. The customer expressly agrees to the terms and conditions of sale in force at the time of ordering and these shall continue to apply to the specific order only. The current Terms and Conditions of Sale can be found at our website, or can be sent on request via email.

[18] GOVERNING LAW Any contract for the purchase of products or services from The Talking Wall will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.

[19] CONTACTING US If you need to contact us please email info@seagreengardens.co.uk or call us on 01202 374214.

About SeaGreen

SeaGreen Gardens is a family run gardening company in Ferndown, Dorset. We offer a full range of gardening and maintenance services in the Bournemouth, Christchurch and Poole area.

Areas Covered

  • Ferndown
  • West Moors
  • West Parley
  • Hurn
  • Wimbourne
  • Bournemouth
  • Christchurch
  • Ringwood
  • Poole
  • West Moors
  • Contact Us

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