Welcome to the Van Hage website, terms & conditions for use. These terms & conditions apply to the use of this Website and by accessing
this website and /or placing an order you agree to be bound by the terms & conditions set out below. If you do not agree to be bound
by these terms and conditions you may not use or access this website.
Before you place an order, if you have any questions relating to these terms & conditions please email us at van.hage@vanhage.co.uk.
Definitions
"Conditions" means these terms an conditions and the special conditions
"Product" means a product displayed for sale on the website
"Product description" means that part of the website where certain terms and conditions in respect of the individual product are provided.
"Special Conditions" means the terms & conditions in the product description.
"Users" Means the users of the website
"Personal Information" means the details provided by you on registration
"We/Us" means the Van Hage Garden Company Ltd
"Website" means the website located at www.vanhage.co.uk or any subsequent URL which may replace it
"Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping
session and to identify your computer.
"United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this website.
Use of the website
Access:
You are provided with access to this website in accordance with these conditions and any orders placed by you must be placed strictly
in accordance with these conditions. Information entered by you: You warrant that:
The Personal Information which you are required to provide when placing an order as a customer is true, accurate, current and
complete in all respects.
You will notify us immediately of any changes to the personal information by emailing us at van.hage@vanhage.co.uk.
Indemnity:
You agree fully to indemnity, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately
on demand, from and against all claims, liability, damages, loses, costs and expenses, including reasonable legal fees, arising out
of any breach of the conditions by you or any other liabilities arising out of your use of our website, or the use by any other person
accessing the website using your shopping account and/or your personal information.
Our Rights:
We reserve the right to:
Modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm
that we shll not be liable to you or any third party for any modification to or withdrawal of the website
Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall
be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions
have been changed. If you do not agree to any change to the conditions then you must immediately stop using the Website.
Third Party Links:
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion.
You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such
external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) he privacy
practices of such websites, (ii) the content of such websites, including (without limitation) and advertising, content, products, goods
or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites
or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on
any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Purchase of Products
Orders:
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in
the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised
access to any data you provide when accessing or ordering from the website.
Contract creation And Electronic Contracting:
The technical steps required to create the contract between you and us are as follows:
You place the order for your products on the web-site by pressing the confirm order button at the end of the check-out process.
You will be guided through the process of placing an order by a series of simple instructions on the web-site.
We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or
order acceptance from the Van Hage Garden Company. Your order confirmation as well as delivery instructions will be made to
you by email.
As your product is shipped from our warehouse we will send you a dispatch confirmation email.
Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the products
ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions
in 'how to cancel your order'.
Non-acceptance of an order may be a result of one of the following:
The product you ordered being unavailable from stock
Our inability t obtain authorisation for your payment
The identification of a pricing or product description error
You not meeting the eligibility to order criteria set out in the main Terms & Conditions
The contract will be concluded in English.
The details of your specific contract will be filled by The Van Hage Garden Company. If you do require any information regarding orders
you have placed with Van Hage please write to us at the following address: Attn:
Website Department
The Van Hage Garden Company (Head Office)
Great Amwell, Nr Ware, Hertfordshire, SG12 9RP
Tel: 01920 870811 Fax: 01920 871861
email: van.hage@vanhage.co.uk
Contract cancellation:
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than eight working
days after the day on which you receive your products.
If you wish to exercise your right to cancel this contract prior to order dispatch, please contact us immediately at the above address and
email. If your order has already been dispatched please follow the procedure set out in our 'Returns Policy'.
Please note that your right to return products does NOT apply to products which fall into the following categories:
Goods made to your specification (For example, curtains, blinds or gift wrapping)
Perishable Goods (For example flowers and food)
When you place an order for flowers, should you realise you have made a mistake or change your mind, we are able to amend or cancel
your order within one hour of it being placed. We regret we are enable to do so after this time.
Description of products:
Each product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to the Product
including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after sales service and
guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the website are correct at the
time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the
information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at
the moment you place an order. We cannot confirm the price of a product until your order s accepted in accordance with our Order
Acceptance Policy.
Flowers & Plants:
In the event of supply difficulties, we reserve the right to substitute goods or packaging of equal quality and value.
Payment:
All prices are inclusive of VAT (Where applicable) at the current rates and are correct at the time of entering the information onto the
system. The total cost of your order is the price of the products ordered plus any delivery charges as set out in the 'Deliver Section' of
this website. Payment can be made by any of the methods specified in the "Payment Section' of this website and payment will be
debited and cleared from your account as set out in the 'Payment section' of this website.
You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are suject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses
to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
All card payments are processed for you by The Van Hage Garden Company Ltd for a 2.5% fee if applicable, included in the cost of
your purchase. The balance is paid to The Van Hage Garden Company Ltd. The total amount you pay is the same regardless of the
payment method.
Refusal of Transaction:
We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this
website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will
not be liable to you or any third party by reason of our withdrawing any product from this website whether or not that product has
been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending
any transaction after processing has begun.
To be eligible to purchase products on this website and lawfully enter into and form contracts on this website under English law you
must:
Provide your real name, phone number, e-mail address, payment details and other requested information.
Be over 18 years of age
Stipulate a delivery address in the mainland UK. Please note that PO Box numbers, hotels and accommodation addresses are not valid.
Possess a valid credit or debit card issued by a bank acceptable to us.
By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to
obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or
credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise
individual purchase transactions.
Returns:
Returns should be made in the original, undamaged packaging, and we reserve the right to withhold a percentage of the refund value
of returned goods if the product or packaging is in such a condition that the item needs to be reduced for resale.
Notice to Customers
Any details you supply will be held by The Van Hage Garden Company Ltd. and their administrators who will have access to these
details only for the purposes of administering your aftercare service plan if applicable. These details will not be kept for longer than
necessary. You are entitled to a copy of this information from time to time The Van Hage Garden Company Ltd. may contact you
to ask if you have been satisfied with the service. You will be under no obligation to answer these questions but they will be grateful
for your co-operation which will help them improve standards.
General
Intellectual property and right to use:
You acknowledge and agree that all copyright, trademarks and all over intellectual property rights in all material or content supplied
as part of the website shall remain at all times vested in us or by our licensors. You are permitted to use this material only as
expressly authorised by us or our licensors. You acknowledge and agree that all material and content contained within the website
is made available for your personal non-commercial use only and that you may download such material and content onto only one
computer hard drive for such purposes. Any other use of the material and content of this Website is strictly prohibited. You agree not
to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws:
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and
regulations regarding the website and any transactions conducted on or through the website.
Limitation of liability:
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties,
whether express or implied in relation to its accuracy.
The website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties
of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website
including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or
any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, 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. We will not be responsible or liable to you for any loss of content or material uploaded or
transmitted through the website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in
relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort, pre-contract or other representations or otherwise out of or in connection with the conditions for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions.
Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our
servants, agents or employees.
Severance
If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be
severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.
Waiver:
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival:
Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or the other of those
provisions is held to be inapplicable or unenforceable in any circumstances.
Entire Agreement:
These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this
way, we can avoid any problems surrounding what The Van Hage Garden Company Ltd and you are expected to do.
You confirm that, in agreeing to accept the conditions, you have not relied on any representation save insofar as the same has expressly
been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights
are not affected by these terms & conditions.
Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such
has become a term of the conditions.
Law:
The conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to exclusive
jurisdiction of the courts of England.
The registered company address of The Van Hage Garden Company LTD is:
The Van Hage Garden Company (Head Office)
Great Amwell, Nr Ware, Herts, SG12 9RP
Tel: 01920 870 811
Fax: 01920 871 861
email: van.hage@vanhage.co.uk