- Please read these terms and conditions carefully before using the website operated by RST Developments Limited trading as Dan the Gardener (“RST”, “we” or “us”). In particular, we draw your attention to clauses 8 (Applicability of online materials) and 12 (Liability). By clicking on the “I Accept” button at the bottom of these terms and conditions you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
- Without prejudice to the above, by using or accessing our website, danthegardener.co.uk (“the Website”) you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our Website.
- If you do not wish to be bound by these terms and conditions then you may not use our Website, but should contact us to discuss.
- Nature of our Website
- Our Website is a place for children to learn about gardening, recycling and environmental issues as well as selecting and ordering our related merchandise (“the Products”). Our Website describes the Products in more detail.
- Please note that the contents of our Website are aimed at users of all ages, but you must be over 18 years to purchase the Products, using the payment method displayed on our Website.
- Certain portions, components, content and features of our Website are only available to individuals who purchase a subscription. As a subscriber to these elements of our Website the following additional terms will apply:-
- You will be granted a non-exclusive, non-transferable, limited right to access, use and display the Website and material provided thereon for which you have paid the subscription fees for your personal, non-commercial use provided that you comply fully with the terms of thus Agreement;
- Where subscription monies are paid to allow you to access certain areas of our Website your subscription will run for twelve months from the receipt of the required payment by us in cleared funds.
- Buying products on our Website
- To order a product you will need to follow the ordering procedures set out on our order page. Details of our prices for the Products and the procedures for payment and delivery are displayed on our Website. Each order for the Products is deemed to be an offer by you to purchase subject to these conditions.
- Any times or dates stated on our Website for delivery are estimates only and time for delivery shall not be of the essence. RST will make all reasonable efforts to deliver the Products within the time specified, but does not accept liability for any failure to deliver within that time, nor will any delay entitle you to terminate or rescind the order unless the delay exceeds 180 days.
- You must pay by credit or debit card at the time of order. The price of any Product is the price in force at the date and time of your order and will be subject to VAT at the prevailing rate. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our Website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.4 below). We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price.
- RST is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (“Confirmation”) to the email address you have given us on registration or on ordering. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days. You must ensure the confirmation is accurate and contact us at firstname.lastname@example.org if not.
- You undertake that all details you provide to us for the purpose of purchasing Products which may be offered by us on our Website will be correct, that the cheque, credit or debit card, or any electronic cash (including via Paypal or other similar services), which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products. We reserve the right to obtain validation of your credit or debit card details before providing you with any Product.
- If for any reason you will not accept delivery of any of the Products when they are ready for delivery, or we are unable to deliver the Products on time because you have not provided appropriate instructions, documents, licences or authorisations:-
- the risk in the Products will pass to you (including for loss or damage caused by our negligence);
- the Products will be deemed to have been delivered; and
- we may store the Products until delivery whereupon you will be liable for all related costs and expenses (including, without limitation, storage and insurance).
- Ownership of the Products shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of the Products.
- No payment shall be deemed to have been received until we have received cleared funds.
- You shall make all payments due without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by RST to you.
- If you fail to pay us any sum due you will be liable to pay interest to us on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of Nat West Bank plc, accruing on a daily basis until payment is made, whether before or after any judgment. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998).
- Subject to clause 4.4 below you may return any Products you have purchased within 7 working days of delivery for any reason (including if you simply change your mind). To do so you must notify us in writing or other durable medium (including email) within those 7 working days. You will then be entitled to a refund from RST, which will be paid as soon as possible, but in any event within 30 days. You must arrange for and pay the costs of returning the Products to RST or on request, we will collect the Products from you, but the cost of this will be charged to you and we may deduct this from the refund. While in your possession, you must keep any Products you intend to return to us in unused condition.
- the Product delivered is not what you ordered (including any Substitute Products), or does not correspond with its description; or
- the Product delivered is not of a satisfactory quality
RST will, at its option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Products.
4.3 If you have any complaints, you should direct them to us via email here https://www.danthegardener.co.uk/contact-us/
- If the Products you have ordered have been made or modified to your specification you are not entitled to return them unless they are defective and we, therefore, recommend that you consider carefully prior placing an order for any such bespoke Products.
- Modifications to Website
We reserve the right to alter, suspend or discontinue any aspect of our Website or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content and/or the sale of new Products and/or the release of new software tools or resources shall be subject to these terms and conditions.
- Information you provide
- The following applies to any information you provide to us, for example during any registration or ordering process:
- By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information the following modification to you by means of a notice on our Website, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should email us at email@example.com
- In addition, the following also applies to all messages, e-mails, bulletin boards postings or other material submitted by you to us (“Content”):
- you must own or have the right to submit Content for publication on our Website;
- you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trademark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; and
- we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
- You grant us a non-exclusive, irrevocable, royalty-free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all losses and liabilities (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
- Notwithstanding clause 6.3.3 you acknowledge we have no obligation to continually monitor the Website and shall have no liability for any information posted by anyone other than us. You should notify us immediately if you see anything on the Website which you consider inappropriate and we will remove it once it has been brought to our attention and if we accept it is not suitable but we shall not be required to take any other action nor shall we be in any way liable for any such material.
- The following applies to any information you provide to us, for example during any registration or ordering process:
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username/membership number and password that may be given to you or selected by you for use on our Website. You may not share these with or transfer them to any third parties. You must notify RST immediately of any unauthorised use of them or any other breach of security regarding our Website that comes to your attention.
- Applicability of online materials
- Unless otherwise specified the materials published on our Website are presented solely for your private, personal and non-commercial use.
- Where content published on the Website is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our Website and use of all information contained within it.
- We have used all reasonable endeavours to ensure that our Website complies with English law. However, we make no representations that the materials on our Website are appropriate or available for use in locations outside the United Kingdom and if you choose to access the Website from outside the United Kingdom you are solely responsible for ensuring compliance with all local laws, including those relating to the sale, purchase and import of the Products, including without limitation paying all applicable taxes in connection with the same and you hereby indemnify us from any liability arising in connection with your use and access to the Website.
- RST makes no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. RST accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
- Copyright and monitoring
The contents of our Website and all our characters are protected by international copyright laws and other intellectual property rights. The owner of these rights is RST or other third party licensors. All product and company names and logos mentioned on our Website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our Website for the sole purpose of placing an order with RST but may not reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
- Linked sites
RST make no representations whatsoever about any other websites which you may access through our Website or which may link to our Website. When you access any other website you understand that it is independent of RST and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that RST endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or webmaster.
- Availability of our Website
We will try to make our Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability or errors on or in it. You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet-connected device.
- Where we are not the manufacturer of the Products, we will endeavour to transfer to you the benefit of any warranty or guarantee given to us.
- We promise that for any Product you purchase from our Website:-
- we have the right to sell the Product to you;
- the Product will correspond with the description we have given to you; and
- the Product will be of satisfactory quality.
- We shall not be liable for any breach of these warranties unless you give us written notice of such breach within 7 days of delivery or of the defect becoming apparent if not apparent on delivery and in any event within 6 months of delivery. We will not be liable if you make any further use of the Products having so notified us or the defect arose because you failed to follow our instructions regarding storage, installation, use or maintenance of the Product.
- We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Products, our Website or any information or service provided through our Website.
- We will do our best to ensure that all materials and information published on our Website are accurate, but please note that all materials and information on our Website are provided on an “as is” basis, and we shall have the right to amend any errors that appear on the Website at any time until such time as we have accepted your order.
- In relation to the purchase of Products, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however, caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our Website or its contents other than as a direct result of purchasing Products, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of RST or our servants, agents or any other person.
- If we are liable to you for any reason, our liability will be limited to either repairing or replace the Products as we think fit or, at our sole discretion refunding the price of the Product and we shall have no further liability to you. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence for which our liability shall be unlimited.
- You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
- We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
- We may alter these terms and conditions from time to time and post the new version on our Website, following which all use of our Website will be governed by that version. You must check the terms and conditions on the Website regularly as we will not notify you of any changes.
- If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
- These terms and conditions and your use of our Website are governed by English law and you submit to the exclusive jurisdiction of the English court.
- Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
- Nothing in these terms shall confer any benefit nor the right to enforce any term on any party who is not a party to the order contract.
- We reserve the right to defer the date of delivery, amend the order or the Products (including without limitation, the amount ordered or their specification) if we are prevented from or delayed in carrying on our business due to circumstances beyond our reasonable control. In the event such delay continues for a period of in excess of 180 days we shall contact you and may agree to cancel your order and refund any monies due. We shall not have any other liability to you in these circumstances.
- All notices shall be given:
- to us via email here https://www.danthegardener.co.uk/contact-us/
- All notices shall be given:
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the day of posting.
These terms and conditions replace all other terms and conditions previously applicable to the use of our Website and/or sale of the Products.