28 Sun Street , Hitchin , Herts, SG5 1AH, United Kingdom
email: sales@towngarden.co.uk   tel: 01462 434 440
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Terms and Conditions

These terms and conditions are those which Town Garden  ("we"/"us") makes this website available to you and on which we provide our goods and services.

This legal notice  applies to the entire website and any correspondence between Town Garden and yourself.  Please read these terms and conditions carefully.  By using this website you accept these terms and conditions whether or not you wish to make a purchase.

The Seller
This site is operated by Town Garden of 28 Sun Street, Hitchin, Herts, AL3 7GE, VAT reg. GB 883 0166 22.  If you have any questions with regard to these terms and conditions or have any comments or complaints please contact us.

Products
All products are subject to availability and acceptance of your orders.  In respect of flowers, we reserve the right to change all or some of the contents and packaging with equivalent items or an equal or greater value without notice. Note : flowers may be delivered in bud to ensure longevity.  Some flowers and plants are harmful if eaten.  Flower orders outside of our local area will be made by one of our network of high quality independent florists.

Prices
Prices are as stated including VAT.  The price of some larger items includes an element of postage costs.  Delivery costs stated at Checkout are for mainland UK only.  We reserve the right to charge higher delivery costs for other locations.    

Personal Messages
Any messages requested by you on a card or sent by us on your behalf to a third party must not contain anything which may be considered threatening, vulgar, obscene, defamatory, racist or which may cause embarrasment or distress to any person or are otherwise unlawful or objectionable.  You are completely responsible for any message sent by us on your behalf and Town Garden accepts no liability for message content.  We retain the right to pre screen messages and refuse to send any objectionable message without liability to you.

Cancellations
Cancellations received at least 24 hours prior to despatch will be entitled to a full refund.  Cancellations received on a Saturday, Sunday or bank holiday will be treated as received on the next working day.  To cancel an order please contact us. 

Amendments
If you wish to amend your order please contact us prior to despatch.  Amendments received on a Saturday, Sunday or bank holiday will be treated as received on the next working day.    

Order Processing and Payment
When you submit your order you are consenting to be bound by these terms and conditions.  For an order to be supplied you must supply all requested details, including delivery name, address and contact telephone number.  We reserve the right not to fulfil an order if the details supplied are incomplete.  We will issue an email confirming your order, at which point we will consider ourselves bound by a contract with you.   

Returns
For giftware, we will accept returned goods within 14 days if you are not satisfied and the items are returned unopened and in perfect condition.  Unless the goods are faulty/damaged, then the sender will be responsible for the cost of return.  If the goods are faulty/damaged please contact us and we will agree the shipping method and cost.  We will not reimburse excessive return shipping costs unless agreed by us prior to the contract for return shipment with a third party being agreed by you.  When returning items, please retain your proof of posting as we cannot be liable for any items lost in the post.

Depending on the nature of the item returned and the problem we will offer you an exchange or your money back.  We cannot accept returned goods which we reasonably believe have been used

For flowers, we will not be able to accept returns due to the perishable nature of cut flowers.  However, if you are not delighted with your flowers please contact us.  In order to attempt to resolve any complaint, complaints need to be made within 48 hours of delivery.

Force Majeure
We shall not be liable for any failure to perform where such failure or delay is due to circumstances outside of our reasonable control, including, but not limited to, flood, fire, explosion, accident, adverse weather, traffic conditions, vehicle breakdown, obstruction of public highway, riot, war, act of God or from any industrial dispute whatsoever. 

Warranties and Disclaimers
Whilst we agree to use reasonable endeavours to ensure that the Town Garden website and the services provided are fully operational and error free, we cannot accept responsibility for any defects or interuption to services and shall be released from these terms and conditions in the event of any situation beyond our reasonable control.

Our liability in contract, tort or otherwise in our contract with you shall not exceed a multiple of one times the price of any goods and services paid for.  We exclude all liability for any claims, losses, demands or damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental or special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly from your inability to access the Town Garden website and/or its goods and services, whether arising in contract, tort, statute or otherwise, provided that nothing in these terms and conditions affects your statutory rights in relation to the quality, fitness or description of the goods and services provided.

Any links to third party websites are provided for your convenience and we do not endorse them and are not responsible for their content or availability,  If you use these links you leave this website. 

If you wish to make a link to this website please contact us and we will provide out terms and conditions of providing such a link.

Purchase of Goods
Goods can only be purchased from this website for use by the purchaser.  Goods purchased from this website cannot be offered for resale on the internet or any other medium.

General
Town Garden has taken reasonable care in the production of this website.  However, packaging and products may vary from that shown, as may the colour and appearance of our flowers.

Any typographical error or omission on the website plus in any document or information issued by us shall be subject to correction without any liability on our part.

We will make every effort to deliver your order as requested, but will not be laible if we fail due to circumstances beyond our control.  If we are unable to supply goods and services as advertised we will notify you, except that we reserve the right to substitute goods and packaging of equal or greater value in the event of supply difficulties.

These terms and conditions are subkject to change from time to time, such changes will be posted on this website and it is your responsibility to ensure that you are aware of the current trems and conditions when you use the website.  Changes made will become effective immediately.

The content, information and material on this website is provided "as is" without any conditions, warranties or other terms of any kind.

Intellectual Property and Content
The copyright and intellectual property rights of the content (including without limitation, the name Town Garden, the text and images) of this website are owned by Town Garden (and in some cases our suppliers).  No part of the website can be reproduced or stored on any media unless permission is obtained.

Subject to our privacy policy, any material which you post to this website will be considered non-confidential.  We will be free to copy, disclose and utilise both text and images for commercial purposes and by sending us the material you confirm that we can do so.

We will comply with the provisions of the Data Protection Act 1988, using third party data only forthe purposes of fulfilling our obligations under these terms and conditions.

You are prohibited from posting to this website any material which is, without limitation, defamatory, illegal, obscene or technically harmful. You are also prohibited from sending unsolicited advertising commonly referred to as spam.

You will indemnify Town Garden for any loss or damage caused as a result of your breach of the above obligations.          

Events and Weddings
The provision of goods and services for events and weddings are subject to separate terms and conditions, which will be made available at the time of the initial consultation.


Purchase made through this website will be deemed to be made in the United Kingdom and are only subject to English Law and the jurisdiction of English courts.  Your statutory rights are not in any way affected by these terms and conditions. 
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