facebook pixel

The Online Garden

Menu

Terms & Conditions

 

Last update 7th July 2024.

Welcome to theonlinegarden.co.uk.

The Online Garden Ltd. and/or their affiliates (“The Online Garden”) provide website features and other products and services to you when you visit or shop at theonlinegarden.co.uk (the “Website”). Please see our Privacy Policy and our Cookie Policy to understand how we collect and process your personal information on The Online Garden services.

Conditions of Use

Please read these conditions carefully before using any of the services provided by The Online Garden. By using The Online Garden services, you signify your agreement to be bound by these conditions. We offer a wide range of services, and sometimes additional terms may apply.

1. ELECTRONIC COMMUNICATIONS

When you use the website or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or by posting e-mail messages or communications on the website. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you with electronically satisfy any legal requirement that such communications be in writing unless mandatory applicable laws specifically require a different form of communication.

2. RECOMMENDATIONS AND PERSONALISATION

As part of services provided by The Online Garden, we may recommend features, products, and services, including third-party ads that might be of interest to you, identify your preferences and personalise your experience.

3. COPYRIGHT, AUTHORS’ RIGHTS AND DATABASE RIGHTS

All content included in or made available through the website, such as text, graphics, logos, button icons, images, digital downloads and data compilations is the property of The Online Garden or its content suppliers and is protected by the United Kingdom and Northern Ireland, and international copyright, authors’ rights and database right laws. The compilation of all content included in or made available through any The Online Garden service is the exclusive property of The Online Garden and is protected by the United Kingdom and Northern Ireland and international copyright and database right laws.

You may not extract and/or re-utilise parts of the content of any service provided by The Online Garden without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any The Online Garden service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any The Online Garden service (e.g. our prices and product listings) without our express written consent.

4. TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any service provided by The Online Garden are trademarks or trade dress of The Online Garden. The Online Garden trademarks and trade dress may not be used in connection with any product or service that is not The Online Garden’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits The Online Garden. All other trademarks not owned by The Online Garden that appear in any of The Online Garden’s services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Online Garden.

5. LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, The Online Garden or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of The Online Garden services. This licence does not include any resale or commercial use of any of The Online Garden services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any The Online Garden or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by The Online Garden or its licensors, suppliers, publishers, rightsholders, or other content providers. No services on this website or any part of any The Online Garden service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of The Online Garden without our express written consent. You may not use any meta tags or any other “hidden text” utilising The Online Garden’s names or trademarks without our express written consent.

You may not misuse services provided by The Online Garden. You may use The Online Garden only as permitted by law. The licences granted by The Online Garden terminate if you do not comply with these Conditions of Use or any Service Terms.

6. YOUR ACCOUNT

You may need your own account on the website to use certain The Online Garden services, and you may be required to be logged into the account and have a valid payment method associated with it.

If there is a problem charging your selected payment method we may charge any other valid payment method associated with your account.

If you use any The Online Garden service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law, you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in the “your account” section of the website. 

You must not use any of The Online Garden services: 

(i) in any way that causes, or is likely to cause any The Online Garden service or any access to it to be interrupted, damaged or impaired in any way, or 

(ii) For fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or 

(iii) To cause annoyance, inconvenience or anxiety.

We reserve the right to refuse any of The Online Garden services or terminate accounts if your behaviour gives justified reason to do so. This will in particular be the case if you are in breach of applicable laws, applicable contractual provisions, our guidelines or our policies, which are all accessible on the website. Notwithstanding any such limitation or termination, you will continue to have access to content and services purchased by you up to that point.

7. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not, in the absence of a valid email, the obligation) to remove or edit such content. If you believe that any content on or advertised for sale on the website contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any service provided by The Online Garden, please notify us by email and we will respond.

If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the website, you grant The Online Garden:

(a) A non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and 

(b) The right to use the name that you submit in connection with such content. No moral rights are transferred by this provision.

You may delete your content from public view or, where such functionality is offered, change settings so that it is only shown to people to whom you grant access.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: 

(i) The content and material is accurate; and 

(ii) Use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify The Online Garden for all claims brought by a third party against The Online Garden arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content (email) arising out of or on the grounds of, or originating from the content that you have communicated to us. By deleting content from public view, you withdraw your license for The Online Garden to publish and make available that content publicly.

8. INTELLECTUAL PROPERTY CLAIMS

The Online Garden respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS.

9. OTHER BUSINESS

Parties other than The Online Garden operate stores, provide services, or sell product lines on this website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Online Garden does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

10. THE ONLINE GARDEN’S ROLE

The Online Garden allows third-party sellers to list and sell their products on this website. In each such case, this is indicated on the respective product detail page. While The Online Garden as a service provider helps facilitate transactions that are carried out on The Online Garden website, The Online Garden is neither the buyer nor the seller of the seller’s items. The Online Garden provides a service for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. The Online Garden is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller’s agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. For conditions relating to the sale by third parties to you on this website see the participation agreement.

11. OUR LIABILITY

We will do our utmost to ensure that the availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

The Online Garden will not be responsible for 

(i) Losses that were not caused by any breach on our part, or 

(ii) Any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or 

(iii) Any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the services provided by The Online Garden.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

12. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the United Kingdom and Northern Ireland, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you are a consumer and have your habitual residence in the EU or the UK, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. We both agree to submit to the non-exclusive jurisdiction of the courts of the United Kingdom and Northern Ireland, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in the United Kingdom and Northern Ireland or in the EU country in which you live. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring a matter to our attention, please contact us.

13. EXPORT CONTROLS

You agree that you will not export, re-export, or transfer any products that you have purchased on the website to any country, individual, corporation, organisation, or entity to which such export is restricted or prohibited by law. For example, economic sanctions and embargoes imposed by the European Union, the United Nations, US Departments of State, Treasury or Commerce, and other government authorities (such as embargoes imposed on specific countries, or economic sanctions imposed on individuals or companies for terrorism or money laundering offences) may prohibit you from taking products to other countries, even for your own personal use. In addition, you agree that you will not purchase any product or service from the website if you are subject to restrictive measures (sanctions).

14. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE

We reserve the right to make changes to any service provided by The Online Garden, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use this website and any service provided by The Online Garden. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

15. WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

16. CHILDREN

We do not sell products for purchase by children due to the possibility of some products being poisonous. If you are under 18 you may use the website and services provided by The Online Garden only with the involvement of a parent or guardian.

17. OUR CONTACT DETAILS

This website is owned and maintained by The Online Garden Ltd, and may be contacted by email through the website.

18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS

If you believe that your intellectual property rights have been infringed please submit your complaint using email. This may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, design and patent claims.

Upon receipt of a complaint, we may take certain actions, including removing information or an item, and termination of repeat infringers in appropriate circumstances. All such actions are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. This includes forwarding the complaint to the parties involved in the provision of the allegedly infringing content. You agree to indemnify The Online Garden for all claims brought by a third party against The Online Garden arising out of or in connection with the submission of a complaint.

Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on this website and are posted solely at the direction of Third Party Sellers who may be contacted via the enquire button on their Seller Store page, accessible from any of their listings.

Important Warning: giving false, misleading or inaccurate information by email to The Online Garden may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

19. NOTICE AND PROCEDURE FOR NOTIFYING THE ONLINE GARDEN OF DEFAMATORY CONTENT

Because there are many products listed on theonlinegarden.co.uk, it is not possible for us to be aware of the contents of each product listed for sale, or each customer review or comment that is displayed. Accordingly, we operate on a “notice and action” basis. If you believe that any content on, or within a product advertised for sale on this website contains a defamatory statement, please notify The Online Garden immediately by completing and submitting an email 

Important Warning: giving false, misleading or inaccurate information in an email to The Online Garden of Defamatory Content on this website may result in civil and criminal liability.

Conditions of Sale

These Conditions of Sale govern the sale of products by The Online Garden Ltd and third parties to you. 

Please read these conditions carefully before placing an order with The Online Garden Ltd. By placing an order with The Online Garden Ltd, you signify your agreement to be bound by these conditions.

1. OUR CONTRACT

Your order is an offer to The Online Garden or third parties therein to buy the product(s) in your order. When you place an order to purchase a product from this website, you will be sent an e-mail confirming receipt of your order and containing the details of your order. The Order Confirmation email is an acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer and conclude the contract of sale for a product ordered by you.

Your contract is with The Online Garden Ltd. Without affecting your right of cancellation set out in section 2 below, you can cancel your order for a product at no cost any time before we send the items ordered. 

You consent to receive sales invoices electronically. Electronic invoices will be made available in the Your Account area of the website.

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

2. RIGHT OF CANCELLATION UP TO 14 DAYS, EXCEPTIONS TO CANCELLATION AND OUR VOLUNTARY RETURNS GUARANTEE

STATUTORY RIGHT

Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract.

You must inform us (The Online Garden Ltd) and/or the third party seller of your decision to cancel your order. You may submit your request by email. In case you need to return, we and/or the third party seller will communicate to you an acknowledgement of receipt by e-mail. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 day cancellation period has expired and return the item via our terms.

For additional information on the scope, content and instructions for the exercise, please contact us.

EFFECTS OF CANCELLATION

The third-party seller will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by the third-party, no later than 14 days from the day on which we and/or the third party received the above communication. The third-party seller will use the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. The third-party may withhold reimbursement until we or the third-party have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.

Note that you must send back the goods by following our instructions no later than 14 days from the day on which you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).

EXCEPTIONS TO THE RIGHT OF CANCELLATION

The right of cancellation does not apply to:

  • the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
  • the supply of goods which may deteriorate or expire rapidly;
  • a service if The Online Garden has fully performed it, and you accepted when you place your order that we could start to deliver it and that you could not cancel it once delivery had started;

OUR VOLUNTARY RETURNS GUARANTEE

Without prejudice to your statutory rights, The Online Garden provides you with the following voluntary returns guarantee:

All products from The Online Garden can be returned within 14 days of receipt of the products to the supplier if the products are complete and are in an unused and undamaged condition. For shrink-wrapped and/or sealed items (e.g. seeds) this means that we only take back the products in the unopened shrink wrap film or with an undamaged seal

If you return products according to this voluntary returns guarantee, the third-party seller will refund you the purchase price already paid by you, but not the delivery costs of your initial purchase. Likewise, the transport risk and return costs are borne by you. 

This returns guarantee does not affect your statutory rights and therefore does not affect your right of cancellation as described above.

3. PRICING AND AVAILABILITY

All prices are inclusive of legally applicable VAT.

We list availability information for products sold by us and third parties on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As the third party process your order, they will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

Despite our best efforts, a small number of the items on our site may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product’s correct price is higher than the price on the website, the third party may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than the stated price, the third party seller will charge the lower amount and send you the product.

4. PRODUCT INFORMATION

Unless expressly indicated otherwise, The Online Garden is not the manufacturer or producer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information than that displayed on our website. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.

5. CUSTOMS

When ordering products from this website for delivery outside of mainland UK you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from theonlinegarden.co.uk, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

6. OUR LIABILITY

The Online Garden Ltd and its affiliates will not be responsible for 

(i) Losses that were not caused by any breach on our part, or 

(ii) Any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or 

(iii) Any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.

7. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the United Kingdom and Northern Ireland. We agree to submit to the non-exclusive jurisdiction of the courts of the United Kingdom and Northern Ireland, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in the UK or in the EU country in which you live. If you are a consumer and have your habitual residence in the EU or the UK, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.

8. AMENDMENTS TO THE CONDITIONS OF SALE

We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

9. WAIVER

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

10. CHILDREN

We do not sell products for purchase by children. We sell products which may be suitable for children for purchase by adults. If you are under 18 you may only use this website or services provided by The Online Garden with the involvement of a parent or guardian.

Third-Party Seller Agreement

1. SALES OUTSIDE OF THIS WEBSITE

Third-party sellers have the rights to sell their products outside of this site on other marketplace platforms or on their own site. However, the use of this site to lead people to make sales on another platform is strictly forbidden, whether that be through emailing or using the enquire feature to make sales outside of the site or placing links in listings designed to take users away from this website. We reserve the rights to suspend or remove a seller’s account and store should we discover that they are doing this.

Should you feel that your seller account or store has been wrongfully removed you can contact us here.

2. REFUNDS AND CANCELLATIONS

By listing your product on this website and agreeing to use services provided by The Online Garden you are automatically entered into our refund policy. This states that should a buyer be unsatisfied with their purchase up to 14 days after receiving it they can request a full refund, including delivery fees, or replacement at no extra cost, this refund is provided in whole by you and The Online Garden cannot be held accountable for the transaction. When making the transaction The Online Garden may still take a fee (see section 3 below) for the sale, the amount taken as a fee must be refunded in whole by you.

In the event that you (a third party seller) have to provide a refund, you are responsible for making sure the returned product is received by either you or us or proof that the product has been shipped. The Online Garden takes no responsibility should you provide a refund for a return or cancellation without having received the product or confirmation of it being shipped back to you.

3. SELLING FEES

Upon listing a product for purchase through this site, any sale of that product is subject to a fee of 5% commission as well as 1.5% plus £0.20 payment charge that will automatically be taken by The Online Garden. The minimum price an item can be sold for, including items at a reduced price, on this website is £3.00.

To learn more about our Selling Fees click here.

To learn more about Stripe’s payment charges click here.

4. USE OF CUSTOMER DATA

In order for you (a third-party seller) to complete a sale, you may be given access to customer data such as; Name, Address, Phone Number and/or Email. It is strictly forbidden for you (a third-party seller) to make copies of, sell, distribute or use the customer data for purposes outside of completing the sale.  We reserve the rights to suspend or remove a seller’s account and store should we discover that they are doing this.

5. OUR CONTACT DETAILS

We may be contacted through our Contact Portal found here.