By purchasing goods from http://www.dgl-group.eu you enter into a legally binding agreement with us on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities.
All orders are established subject to our Standard Conditions of Sale reproduced below, which apply to and govern all contracts, quotations, sales, supplies and deliveries of goods, materials, services, and other products (hereinafter called Products), by the Company or its representatives to any individual Firm, Company or other person (hereinafter called the Buyer), to the exclusion of all and any standard terms of the Buyer and of all or any other conditions, warranties or terms otherwise implied or expressed.
The giving of an order by the Buyer to the Company for any product shall constitute an unqualified acceptance by the Buyer that if the Company accepts the order, sale, supply or delivery of such products by the Company will be governed solely by these Conditions of Sale. No variation of these Conditions of Sale and no oral stipulations or representations shall be binding on the Company, unless expressly agreed to in writing and signed by a Director of the Company on its behalf.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Conditions at any time. Please check these Conditions periodically for changes.
1. Definition and Interpretation
In these terms the following words have the following meanings.
Contract means the contract for the sale and purchase of the Goods.
Delivery Area means throughout UK and Europe.
Products or Goods which you have ordered including any instalment of the goods or any parts for them which are available for purchase from our Web Site in accordance with the terms.
Payment Card means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Products of which you have provided details to us when placing the Order.
Web Site means our presence on the world wide web, currently accessible via the address http://www.dgl-group.eu
The Buyer or you mean the purchaser of the Products on this web site.
The Seller, the Company, we or us Dream Garden Landscaping Limited (our registered office is at 50 Enmore Road, South Norwood, London, SE25 5NG and our Company number is 6063010.
2. Basis of the sale
2.1 We shall sell to you and you shall purchase only those Products which you have set out in an Order and which has been accepted by us. We reserve the right to reject any Order. Each such sale of Goods will be subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any Order is made or purported to be made by you.
2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.
2.3 No variation to these Conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.
2.4 Any advice or recommendation given on this web site or otherwise given by us or any of our employees or agents to you as to the storage, application or use of the Goods is followed or acted upon entirely at your own risk, and accordingly we shall not be liable for any such advice or recommendation.
2.5 Any typographical, clerical or other error or omission on any page of this web site or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
2.6 We aim to give you a clear idea of the nature of the plants we sell. However, you appreciate that there are inevitably slight variations in size, shape and colour between different specimens. Illustrations, descriptions, other information as to particular plants are approximate and for guidance only. We may in our sole discretion from time to time vary the nature of the Goods from that advertised without notice to you, so long as these variations are not material alterations.
3. Details of the order
3.1 The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).
3.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your credit or account card is authorised for the transaction.
3.3 Dream Garden Landscaping Limited reserve the right to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
3.4 We reserve the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or where any particular Good is unavailable to substitute for the Goods ordered other Goods which are substantially similar in nature and price.
4. Price of Goods
4.1 We reserve the right to change the prices set out on this site provided that if the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail or in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
4.2 Our charges for transport, packaging and insurance are detailed on the order page and will be included in the total price for the Goods.
4.3 The price of Goods does not require value added tax being applied.
4.4 Prices quoted in foreign currency may be adjusted at any time in relation to variations in the appropriate exchange rate and are ex works the Company premises, England.
5. Payment terms
5.1 We will charge your credit card account for payment upon receipt of order unless delivery cannot be fulfilled within 30 days. Items with a lead time greater than 30 days will be charged up to 7 days prior to dispatch. We accept no liability if a delivery is delayed because you did not give us the right payment details.
5.2 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Contract or suspend any further deliveries to you. This does not affect any other rights we may have.
5.3 The deduction of monies from your Payment Card does not mean that we have accepted your order nor does it mean that a contract has been formed between us. In the event that we reject your order we will credit your Payment Card with the amount deducted.
5.4 Where Goods are returned by you in accordance with your rights under the provisions of Clause 8, we shall credit the Payment Card with the appropriate amount.
5.5 We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to our negligence.
6.1 We will deliver the Goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.
6.2 We shall make all reasonable efforts to meet quoted delivery dates but delivery times are not guaranteed. Time shall not be of the essence and we shall not be liable for late or incorrect delivery, howsoever caused. The Goods may be delivered by us in advance of the estimated delivery date. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
6.3 The Goods may at our discretion be delivered in instalments. Each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these Conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as repudiated.
6.4 If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are consequently liable to you, our liability shall be limited to the price of the Goods.
6.5 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions then, without prejudice to any other right or remedy available to us, we may cancel the Contract and refund to you the price of the goods less the cost of their delivery and the cost of their being returned to us.
6.6 We reserve the right to refuse claims for non-delivery, damaged goods or shortages, if you fail to:
6.6.1 Endorse Carrier’s note appropriately.
6.6.2 Advise the Seller immediately by telephone or facsimile.
6.6.3 You shall send full particulars of claim to the Seller in writing within three days after delivery.
6.6.4 In case of non-delivery of whole consignment, you shall advise the Seller within 14 days after date of invoice.
6.6.5 The delivery charges discount is given to the Buyer when it order more than one products and it is at the discretion of the Seller. We reserve the right to refuse the delivery charge discount even if the buyer purchases more than one product from the website. To receive the discount the buyer will have to contact us before purchasing the products and be accepted by us in writing. However, the buyer will have to pay the full delivery charges at the time of the order and we will refund the difference agreed. We can only accept to give the discount for products ordered and delivered together at the same address, up to 3 goods each order and excluding products delivered in more instalments.
6.7 Free UK Mainland Delivery only relates to selected goods ordered on-line, paid via PayPal and delivered to the United Kingdom mainland. This offer excludes Scottish highlands, Northern Ireland and offshore islands, like Isle of Man, Isle of Wight, etc.
For delivery outside the UK and non-mainland addresses, please contact us with your preferred delivery address and we will email you with a quote.
Our standard delivery time is between 2 and 5 working days following the day of the order. The goods will arrive on any working day between 8am and 5pm via Royal Mail.
Other Carriers available on request DHL / UPS / TNT / ParcelForce / Special Delivery.
7. Risk and ownership
7.1 Risk of damage to or loss of the Goods shall pass to you at the time of delivery or, if you fail to take delivery of the Goods at the time when we or our carrier has tendered delivery of the Goods.
7.2 Subject to the provisions of clause 8 or any other provision of these Conditions, you will only become the owner of the Goods once they have been successfully delivered and when we have received in cash or cleared funds payment in full of the price of the Goods.
7.3 You shall be at liberty to sell or use the product in the ordinary course of business, but the Seller may revoke this power by notice to you if you default in payment of the whole or part of the purchase price of the products.
8. Returns/Right of withdrawal
8.1 We guarantee only to send you plants and products with the quality conditions as described on our web site and will inspect everything carefully before it leaves us. When we confirm the order before delivery, we will inform you to verify that the products available are satisfactory to you. However, if you have a problem after delivery please Contact Customer Services firstname.lastname@example.org
8.2 Damaged or Defective Goods
8.2.1 Products - If you receive a product that is defective, you can return it within 14 days and either get a replacement or a refund. Please make sure you give us your order number and return the item in its original packaging. If the product is covered by a manufacturer's warranty, please contact the manufacturer directly.
8.2.2 Plants - If you receive a plant that is in bad condition when you receive it, contact us immediately. We may then ask you to send us a photograph so that there is no doubt as to its condition on arrival with you, as opposed to what it looks like by the time you return it to us. It is obvious that plants look different depending on the time of year you receive it. If you order a deciduous shrub in the winter, it will not appear the same as in spring or summer. It does not mean there is anything wrong with it, just that you need to wait for the weather to pick up and the vegetation will reappear. However, provided that you have contacted us within 24 hours of receiving the damaged plant we will be happy to arrange for a refund or replacement.
8.2.3 One year Guarantee on Plants, shrubs and trees - Our plants, shrubs and trees are all guaranteed for one year after you have bought them. If the plant fails in the first 12 months, we will replace it or refund you. This guarantee does not include any plants damaged due to lack of watering or lack of proper horticultural care. In particular, you are advised to strictly follow the plant care guidelines sent out with the order otherwise we will not replace the plant affected. All you have to do is take a picture of the plant, send it in with your order number to email@example.com, and tell us what the problem is. We will then do our best to sort you out a replacement or refund your money. You will be charged for delivery on replacement items.
8.2.4 Incorrect Goods – In the event that we sent you something you had not ordered please contact as within 24 hours of receiving the good and return it within 28 days unused and in its original packaging and you will not be charged.
8.2.5 Damaged in transit - If your purchase is damaged in transit you can return it within 28 days and either get a replacement or a refund. Please make sure you give us your order number and return the item in its original packaging.
8.2.6 Right to withdrawal - You shall have a period of 14 days after the date on which you have received the Goods to withdraw from the Contract and to return the Goods to us. You shall be responsible for payment of the direct costs in returning the Goods to us and we shall be entitled to deduct from any refund of the price for the Goods an amount equal to such delivery costs as are paid by us on your behalf. Until we receive the goods you are returning, they are your responsibility. We recommend you use a recorded delivery service to return the Goods.
8.2.7 If the item has been damaged, used or is not returned in its original packaging, we reserve the right to withhold a percentage of the refund value if the item needs to be reduced in price for resale.
8.2.8 The right to withdraw from the Contract does not affect any of your statutory rights.
9. Warranties and Liability
9.1 The Company warrants that the goods shall at the time of delivery correspond to the published specifications when used for the purpose for which Goods of that type are normally used. Although the Company uses every effort to ensure that all products are manufactured or supplied to specification, it is in all cases including repeat orders, for the Buyer to ensure by adequate tests or otherwise that the goods are fit and suitable for the purpose for which the Buyer requires them and in the specific conditions and on the specific substrate’s in which they will be used or applied and to be within such reasonable tolerance and variations as are generally acceptable within the industry.
9.2 If any of the products are proved to be defective, the Company’s entire liability hereunder shall be strictly limited to the following:
9.2.1 Replacement at the sellers expense of any products which are proved to the seller’s satisfaction to be defective or
9.2.2 Bringing the products into conformity with the published specifications of the Company or
9.2.3 Take back the products found not to conform to the warranty and refund the total of the purchase price.
9.3 We aim to provide high quality plants and products to our customers. Accordingly, we warrant that where the Goods are products and not already covered by a manufacturer's guarantee, they will meet their specification and will be as described in the product specification on the web site at the time of delivery. Where the Goods are hardy plants, we warrant that they are covered by a one year guarantee. In the event the plant should die of natural causes up to one year after they have been delivered, we will replace it free of charge (although we will have to charge for delivery). We further undertake that they will be in good condition at the time of delivery and will be of the type ordered, or if that type is not available we will let you know by e mail and, if possible, suggest a suitable alternative which is available. If you do not want the alternative suggested, you will be entitled to order another plant or cancel your order, as you wish.
9.4 The availability, price and colour of plants we sell to you may vary according to seasonal and market availability. We will endeavour to confirm these details when we confirm your order for the plants or prior to delivery. If there have been any material variations, you will have the option of cancelling your order.
9.4 The liability of the Company under the foregoing is conditional upon:
9.4.1 The Buyer conforming with the Delivery Conditions
9.4.2 The Buyer shall advise the Company immediately by telephone or email of the alleged defect
9.4.3 The Buyer giving written notice or by facsimile to us within 7 days of the alleged defect and in any event within 10 days of receipt of Products
9.4.4 The Buyer affording the Company reasonable opportunity to inspect the products, application and site conditions
9.4.5 The Buyer making no further use of the products that are alleged to be defective after the time at which the Buyer discovered or ought to have discovered the alleged defect
9.5 While the Company will use its best endeavours to give instructions, recommendations and advice to a Buyer in respect of storage, application and use of the products, it shall be understood that it shall be the responsibility of the Buyer to satisfy himself that the intended application of the products is suitable in each particular application and use.
9.6 Save as stated above all Conditions and Warranties expressed or implied whether by Statute, Common Law or otherwise as to the Conditions or fitness for any purpose of the products are hereby excluded and the Company shall be under no liability for and direct or sub-sequential loss or damage howsoever arising, which may be suffered by the Buyer by reason of any defect in or failure to perform on the part of the product.
9.7 Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any loss of revenue or profits; loss of anticipated savings; loss of goodwill or injury to reputation; loss of business opportunity; losses suffered by third parties; or any other indirect, consequential or special loss or damage regardless of the form of action , whether in contract, strict liability or tort (including negligence), which arise out of or in connection with the supply of goods or their use or resale by you, and our entire liability under or in connection with the contract shall not exceed the price of the goods, except as expressly provided in these conditions.
9.8 We assume no responsibility for the contents of any other web sites to which this Web Site has links.
9.9 Your statutory rights are not affected by these Conditions.
10.1 Without prejudice to these Conditions of Sale, products for export shall be the Buyers risk from the time of collection by the Freight Carrier from the Company’s premises. All prices quoted are exclusive of all Duties, Insurance, Packing and Freight, unless otherwise expressly quoted for in writing, and any other costs incurred by the Company but not included in the price of the products.
11. Matters our of our control
11.1 The Company shall not be liable for any loss or damage caused by delay in its performance or non-performance of any of its obligations hereunder, where the same is occasioned by any cause whatsoever that is beyond the Company’s control. Should any such event occur the Company may cancel or suspend any contract without incurring any liability for any loss or damage occasioned.
12.1 All of the written, photographic, design and audio content of the Web Site together with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such. All rights reserved.
13.1 If you wish to complain about any aspect of our service, please email us at firstname.lastname@example.org
14.1 Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
14.2 No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.3 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
14.4 If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validy, lawfulness or enforceability of that provision in any other jurisdiction.
14.5 The Contract shall be governed by the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the English courts.
14.6 The headings in these Conditions are for convenience only and will not affect their interpretation.