Welcome to the TJ’s Garden Products website Terms and Conditions

These Terms and Conditions set out the use of this site. By accessing this website and/or placing an order you are agreeing to operate strictly in accordance with these conditions and are therefore agreeing to be bound by the Terms and 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. We recommend you also read our Privacy policy.

We encourage you to save a copy of these Terms and Conditions of Use using the 'save as' function of your browser or to print a copy using the 'print' function of your browser.

If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this Website.

Definitions

• 'Conditions' - means these Terms and 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 and conditions in the product description
• 'Users' means you or the users of the website collectively
• 'Personal Details' means the details provided by you on registration/ordering;
• 'We/us' means TJ’s Garden Products
• 'Website' means any TJ’s Garden Products website located at www.tjsgardenproducts.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
• 'UK Mainland' means England, Wales and Scotland excluding offshore locations (e.g Isle of Wight, Isle of Man and Scottish Isles)
• 'You' means a user of this website.

Amendments

TJ’s Garden Products may update these Terms and Conditions from time to time. You will be responsible for reading the Terms and Conditions on each occasion you use this Website and your continued use of the website shall signify your agreement to be bound by the new Terms and Conditions.

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.

Registration

If you decide to register with TJ’s Garden Products you must be over eighteen years of age.

You are responsible for keeping your password and actions relating to your account details confidential at all times. TJ’s Garden Products shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

The Personal Details that you provide TJ’s Garden Products with when you register as a customer is true, accurate, current and complete in all respects. TJ’s Garden Products must be informed immediately of any changes to your personal details either by you accessing Your Account or emailing our Customer Care Team at enquiries@tjsgardenproducts.co.uk

Security and privacy

Your right to privacy is very important to us at TJ’s Garden Products and we treat it very seriously. We recognise that when you choose to provide us with information about yourself, you trust us to act in a responsible manner and we will do all we can to make you feel comfortable about using our site and protecting your privacy.

TJ’s Garden Products is committed to protecting your privacy. This Privacy Policy explains our data processing practices and your options regarding the ways in which your personal data is used. If you have any requests concerning your Personal Details or any queries with regard to our processing please email our Customer Care Team at enquiries@tjsgardenproducts.co.uk or telephone (01484) 654222 between 9am and 5pm (Monday - Friday) Please note emails will receive priority over telephone messages and we endeavour to answer all queries within 24 working hours.

We will treat all your Personal Details as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation.

We pledge that we will not release your Personal Details to any company outside TJ’s Garden Products for mailing or marketing purposes.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Details and / or User Information, we are entitled to do so.

When entering any of our contests or prize draws, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or prize draw, you are also included in our Newsletter list to receive notice of promotions, special offers and new lines on the Website. You may unsubscribe from this news list by following the unsubscribe instructions in any email you receive from us.

Our rights

All rights, including copyright, in this website are owned by or licensed to tjsgardenproducts.co.uk. Therefore you (also you agree not to assist or facilitate any third party) cannot copy, store and/or distribute its contents in whole or part, other than for your own personal or non-commercial use.

TJ’s Garden Products reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the 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.

And/or

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.

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.

Third party links

To provide further value to our customers, we provide links to other websites and services for you to access at your sole discretion. TJ’s Garden Products do not vet these websites, are not responsible or liable, directly, or indirectly and do not have any control over their contents. TJ’s Garden Products can not accept any liability in respect of the use of these websites.

Order process

All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions.

When you register or place an order with TJ’s Garden Products you can subscribe to our newsletter while ordering online. You will receive information from TJ’s Garden Products by e-mail about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you un-tick the appropriate box as you go through the registration/ordering process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word unsubscribe in the subject line. Alternatively, you can e-mail us at enquiries@tjsgardenproducts.co.uk  or by telephoning our customer care team on (01484) 654222 between 9am and 5pm (Monday to Friday). Please note emails will receive priority over telephone messages.

Your Personal Details may be disclosed to reputable third parties who will help process your order. Our policy requires all such third parties to treat your Personal Details as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation.

All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available.

The Confirmation of Order Detail stage sets out the final details of your order. After this we will send you an online confirmation and email you details of the products you have ordered. Please note that this email is not an order confirmation or order acceptance from TJ’s Garden Products.

Order acceptance and the completion of the contract between you and us will take place on the despatch 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 the Terms and Conditions section below on Order Cancellation or Returns and Refunds section.

Non-acceptance of an order may be a result of:

• Out of stock
• Our inability to obtain authorisation for your payment
• The identification of a pricing or product description error
• You do not meet the eligibility to order criteria.

The contract will be concluded in English. The Terms and Conditions has been governed by and construed in accordance with the laws of England and only the English courts will decide any disputes.

Order cancellation

Under the distance selling regulations you have the legal right to cancel your order within seven working days from the day after the receipt of the goods (with the exception of items made to your specification). Where goods are delivered to a third party (e.g. a gift) you will only be able to exercise this right if you are able to return to us the goods you ordered. For details of how to exercise this right please see our Returns and Refund section.

If you wish to cancel your contract prior to your order being despatched or if your order has already been despatched, please follow the procedure set out in our Returns and Refund section.

Description of products

TJ’s Garden Products take all reasonable care in the preparation of the content of this Website, in particular to ensure that details, descriptions and prices of products on TJ’s Garden Products Website are correct at time of publishing and all products have been fairly described. 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 is accepted in accordance with our Order acceptance policy within the Order Process section of the Terms and Conditions.

Orders will only be accepted if there are no material errors in the description of the goods or their price as advertised on this Website. We have made every effort to display as accurately as possible the colours of our products that appear on the Website. The actual colours you see will depend on your monitor; we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.

To the extent permitted by applicable law, TJ’s Garden Products disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Website. All sizes quoted are approximate. TJ’s Garden Products shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.

Materials

Some of the products may be made from wood or other natural materials unlike steel or plastic or other man made materials are affected by it's environment.  Also each piece of timber will have grains and knots which will vary.  These variations can absorb treatment and react to the atmosphere differently.

Some splitting of the timber may occur as it expands and contracts with changes in humidity and temperature, knots may also fall out, this is perfectly natural and does not effect the integrity of the product and does not class as a damage unless it makes the it unfit for purpose.

Payment

We take full payment from your card at the time you place your order, unless we state otherwise on the product page or in direct communication with you. 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.

For payments methods see our section on Checkout and Payment section.

You confirm that the credit or debit card that is being used is yours.

All credit/debit cardholders are subject 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 prices include VAT (where applicable) at the applicable current rates.  For delivery charges refer to our section on Delivery.

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 reconfirming 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.

Returns

We offer a money back guarantee. Refunds and returns must be made in writing by email/fax or post to TJ’s Garden Products. Refunds and returns must be made in writing by email/fax or post to TJ’s Garden Products. Please refer to our Returns and Refunds section for Terms and Conditions.

Substitution of product

We reserve the right to substitute goods or packaging of equal quality and value. We will reimburse you for the cost of returning substitute goods that you do not wish to accept.

Installation of product

You must ensure that you have received and checked your order in full before booking any fitters and contractors. TJ’s Garden Products will not be liable for any economic losses or claims (including without limitation loss of revenues, data, profits, expenses, contracts, business or anticipated savings); or loss of goodwill or reputation, or special or indirect losses due to any fitters and contractors not being able to continue installation as a result of missing, damaged, non delivery or incomplete delivery of goods ordered from TJ’s Garden Products. The driver is obliged to wait 15 minutes once the goods have been delivered to ensure that the goods are checked by yourself for quality and quantity before collecting your signature.

Where TJ’s Garden Products provide details about installers or where you use your own installer the contract is between you and the installer. Therefore we cannot accept any liability for claims arising from installation of products purchased from us, and in the event of any queries or problems arising from work carried out by the installers, customers must contact the installer concerned

Indemnity

Any disclaimers and exclusions of liability in these Terms and Conditions shall not apply to any damages arising from death or personal injury caused by the negligence of TJ’s Garden Products or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, 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 this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal details.

We pledge that we will not release your Personal Information to any company outside TJ’s Garden Products for mailing or marketing purposes.

General

If any part of these Terms and Conditions is found to be unenforceable as a matter of law, all other parts of these terms and conditions shall not be affected and shall remain in force.

If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 working days of the delivery of the goods in question.

You must observe and comply with all applicable regulations and legislation including obtaining all necessary customs, import or other permits to purchase goods from our site. Certain national laws may prohibit the importation or exportation of certain of our goods to you. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

These Terms and Conditions do not affect your statutory rights.

TJ’s Garden Products thank you for your time to read the above Terms and Conditions and wish you an enjoyable Internet Shopping Experience.