1.2 By using our services and/or placing an order, you are agreeing to all the terms and conditions of whitakersgardencentre.co.uk. Changes are made from time to time and we advise you to view our terms and conditions page on a regular basis.
1.3 Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We are not liable if for any reason this website is unavailable at any time or any period. From time to time, we may restrict access to some parts or our whole website.
1.4 This website contains links to other websites, which are not operated by us. We have no control over other websites linked to our website. We accept no responsibility for linked sites and accepts no responsibility for them or any loss or damage that may arise from the use of them. Your use of the linked sites will be subject to the terms and conditions of each individual linked site.
2.1 We are committed to safeguarding the privacy of our website, users and committed to respecting your privacy and will not share any of your personal details to third parties without your consent.
2.2 Secure payment is conducted via SagePay which is completely secure payment system. We do not hold any of your personal banking details and never display your full credit/debit card details once entered. We will only reveal the last four digits of your payment card for verification purpose only.
2.3 Our website contains links to other websites; we cannot be held responsible for the privacy policies or practices these third party website may adopt.
2.4 At James Whitaker & Sons (Nurserymen) Ltd we would urge you to protect your own privacy by not sharing your password details to another via telephone or email. We guarantee all your information that you provide to us is securely saved.
3.1 You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
3.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Properties
4.1 The intellectual property rights in all software and content made available to you on or through this website; remains the property of James Whitaker & Sons (Nurserymen) Ltd and is protected by copyright laws and treaties. All such rights are reserved by James Whitaker & Sons (Nurserymen) Ltd . You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
4.2 You are permitted to print and download extracts from this Website for your own use on the following basis:
- No documents or related graphics on this Website are modified in any way;
- No graphics on this Website are used separately from accompanying text; and
- Any of our copyright and trade mark notices and this permission notice appear in all copies.
If you notice any activity of breaching our intellectual property rights, please do contact our technical support team which will deal with the issue. All contact information is located under clause 15.1 in this document.
5.1 To register with www.whitakersgardencentre.co.uk you must be over eighteen years of age and possess a valid bank card that is acceptable to us.
5.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
5.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
5.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
6. Ordering From Us
6.1 You are deemed to place a clothing order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered. All orders are subject to availability and confirmation of the order price.
6.2 Dispatch times may vary from time to time in accordance to conditions out of our control. For example bad weather conditions and other conditions created within James Whitaker & Sons (Nurserymen) Ltd and Mail services. For these uncontrollable events we cannot take responsibility. Please view our Delivery & Returns terms and charges for more information.
6.3 Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
6.4 We may refuse to accept an order:
- Where goods are not available;
- Where we cannot obtain authorisation for your payment;
- If there has been a pricing or product description error; or
- If you do not meet any eligibility criteria set out in our terms and conditions.
6.5 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown in our delivery terms and charges. While we try our best to ensure there is no errors made on our site, if you notice any error with regards to price please email us so we can take note of the query and ensure the error is rectified. All prices listed on the site are inclusive of VAT. Additional charges such as delivery charges will be clearly displayed and be included in your “Total Cost.”
6.6 Discount Codes where applicable may be given out from time to time and are only valid being used on non sale items. Discount code specifications and terms will be disclosed at time of giving code. Discount codes will have expiration dates and terms attached to them. Only one discount code can be used during one transaction. Discount codes can not be used with conjunction with any other promotions or discounts.
7. Cancellation and Returns Policy
7.1 If you wish to cancel your order:
- You can notify us by email to email@example.com before we have dispatched the goods to you; or
- Where goods have already been dispatched to you, you can cancel your order by returning goods to us in accordance with clause 7.2 below.
7.2 You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange.
7.3 Upon receipt of the goods we will give you a full refund of the amount paid less the original delivery charge or an exchange as required.
7.4 The rights to return the goods to us as referred to in clause 7.3 will not apply in the following circumstances: - in the event that the product has been worn and the original tags are not in place (please take care when trying on your item that you are not wearing perfume or makeup). The provisions of this clause 7.4 do not affect your statutory rights.
8. Service Access
8.1 While we endeavor to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
8.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
9. Visitor Material and Conduct
9.2 You are prohibited from posting or transmitting to or from this Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licenses and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
- Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data)
9.3 You may not misuse the website (including, without limitation, by hacking).
9.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.2 or 9.3.
10.1 While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
10.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for:
- death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
- misrepresentation as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
12. Governing Law and Jurisdiction
12.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
14.1 We shall have the right in its own discretion at any time and without notice to change, remove or vary the services and/or any page of this website.
15.1 We operate a complaints procedure which we will use to try to resolve disputes when they first arise; please let us know if you have any complaints or comments. With regards to any customer care query or for technical support, suggestion, site improvement query please contact us at the following email address; firstname.lastname@example.org