(Updated July 2018)
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
1.3 When you use certain SunshineGC.co.uk/Sunshinegardencentre.co.uk services please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services.
2. Order Process
2.1 Please see the Home delivery information section for information on how to place an order. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 The 'complete this order' stage sets out the final details of your order. Following this, you will be asked to provide payment. Upon the successful receipt of your payment, we will send to you an order confirmation email detailing the products you have ordered. Please note that this email is not an order acceptance from SunshineGC.co.uk/Sunshinegardencentre.co.uk.
2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and refunds).
3.1 During the SunshineGC.co.uk/Sunshinegardencentre.co.uk checkout process you will be asked if your goods can be left in a safe place. By checking this box you agree to accept liability for the goods once our nominated courier has delivered them to that safe place. If this box has not been checked (and a safe place specified), all goods must be signed for by an adult aged 18 years or over on delivery.
3.2 Delivery charges and estimated timescales are specified in the Home delivery information section and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. SunshineGC.co.uk/Sunshinegardencentre.co.uk shall be under no liability for any delay or failure to deliver the products within estimated timescales. First Class Royal Mail is generally a 2-3 day service. However Royal Mail advises that it can take up to 15 working-days for delivery. No tracer action can be launched for parcels until this time has elapsed.
3.3 Next Working-Day Delivery and Saturday Delivery is for orders placed before 3pm Monday to Friday. Orders placed on the weekend will be despatched Monday for delivery Tuesday.
3.4 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us or our nominated courier service.
4.1 We take payment from your card at the time we receive your order. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
4.2 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the The General Data Protection Regulation (EU) 2016/679 2018.
4.3 The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:
b) While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.4 For information about secure online ordering see Secure Online Shopping.
4.5 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
4.6 All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise (see Home delivery information for further details).
5. Returns, Refunds and Cancellations
5.1 Please see our Returns, Refunds and Cancellations page (below).
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, SunshineGC.co.uk/Sunshinegardencentre.co.uk will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. SunshineGC.co.uk/Sunshinegardencentre.co.uk will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and SunshineGC.co.uk/Sunshinegardencentre.co.uk accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, SunshineGC.co.uk/Sunshinegardencentre.co.uk will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
· economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
· loss of goodwill or reputation;
· special or indirect losses
· suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 SunshineGC.co.uk/Sunshinegardencentre.co.uk's aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2 SunshineGC.co.uk/Sunshinegardencentre.co.uk shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.3 SunshineGC.co.uk/Sunshinegardencentre.co.uk reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.4 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).
8.5 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and SunshineGC.co.uk/Sunshinegardencentre.co.uk relating to the use of this website (including the order of products), and sets forth the entire agreement and understanding between you and SunshineGC.co.uk/Sunshinegardencentre.co.uk for your use of this website.
9.0 Refunds Returns and Cancellations
9.1 We stand by both the quality of our products and delivery model. However we also know that, for one reason or another, there may be a time when you need to exchange or return something you've bought. Please make sure that you check your items carefully before as soon as you take delivery. We also recommend that you keep your shipping delivery notice, which will arrive in the packaging. Below is the SunshineGC.co.uk/Sunshinegardencentre.co.uk policy, this will in no way affect your statutory rights under Distance Selling Regulations.
9.3 If I change my mind...
Within seven days please contact our customer service team. They will arrange to refund the purchase price of the goods. You can either post the goods to us, or we can arrange a courier pick-up (the cost of which will be deducted from the refund).
9.4 If there's a fault with the product...
Within thirty days please contact our customer service team. They will ask for a photo of the faulty part/parts to be emailed to us. Upon receipt of this, we will arrange to refund your payment or send the required replacements parts to you.
9.5 If the goods appear to be damaged in transit...
If your goods appear to have been damaged in transit, please contact us within 7 (seven) days of receiving the goods. If possible sign for the goods as damaged. If upon opening the packaging you notice damage, please contact out customer service team who will ask you to email a photo of the damage. We can only accept claims for damage within 7 (seven) days of delivery as outside of this period a claim can not be submitted to our courier.
10.1 As an online business and in an effort to prevent unnecessary waste; it is the policy of SUNSHINEGC.CO.UK/SUNSHINEGARDENCENTRE.CO.UK to send all invoices via email; a delivery note will be sent with goods. Hard paper copies of invoices can be dispatched upon request at a cost of £1.95. It is understood that any and all orders placed online via the website will be subject to these terms and conditions.
11.0 Distance Selling Regulations
SunshineGC.co.uk/Sunshinegardencentre.co.uk is committed to ensuring your statutory rights under Distance Selling Regulations.
If you have ordered by telephone or internet, under the Distance Selling Regulations, you have a statutory right to cancel your order and receive a full refund within seven days of you taking delivery of the goods.
To cancel, you can contact our Customer Service Team (see contact us for details) within seven working days (so not including Saturdays, Sundays or public holidays) commencing the day after the day of delivery of your item(s), quoting your order number. We will require written notification via a durable medium (letter, email, fax). You must take reasonable care of the item(s). Return postage is at the expense of the customer.