BACKGROUND: 

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Bespoke Goods are sold by Us to consumers through this website, mygarden.art (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Bespoke Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Bespoke Goods.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Bespoke Goods through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation 

   1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Bespoke Goods”

means goods made to order, and sold by Us, through Our Site;

“Contract”

means a contract for the purchase and sale of Bespoke Goods, as explained in Clause 8;

“Order”

means your Order for Bespoke Goods;

“Order Confirmation”

means our acceptance and confirmation of your Order;

“Order Number”

means the reference number for your Order; and

“We/Us/Our”

means MyGardenArt Ltd , a company registered in England and Wales under Company Number 13380228 whose registered address is Library Chambers, 48 Union Street, Hyde, SK14 1ND

1. Information About Us

   1. Our Site, is owned by Us. 

2. Access to and Use of Our Site

   1. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

   2. Use of Our Site is subject to our Terms of Sale (this document). Please ensure that you have read them and that you understand them.

3. Age Restrictions

   1. Consumers may only purchase Bespoke Goods through Our Site if they are at least 18 years of age.

4. Business Customers

These Terms of Sale do not apply to customers purchasing Bespoke Goods in the course of business.

1. International Customers

Please note that We only deliver within the United Kingdom.

1. Bespoke Goods, Pricing and Availability

   1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Bespoke Goods available from Us correspond to the Bespoke Goods that you will receive.  Please note, however, that images of Bespoke Goods are for illustrative purposes only.  There may be slight variations between the image of a Bespoke Goods product and the actual product sold due to differences in computer displays and lighting conditions and, variations resulting from your specific requirements; 

   2. Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the Bespoke Goods, not to different ones altogether.  

   3. You will be required to select the exact requirements of the Bespoke Goods that you are purchasing.

   4. When placing your Order for Bespoke Goods, please ensure that all information that you provide to Us is correct, accurate, and complete.  We cannot accept the return of any Bespoke Goods if that return is due to incorrect information provided by you.  Please note that this does not affect your legal and statutory rights.

   5. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any order that you have already placed.

   6. All prices are checked by Us before We accept your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Bespoke Goods at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you have responded.  If We do not receive a response from you within 14 days, We will treat your Order as cancelled and notify you of this in writing.

   7. In the event that the price of the Bespoke Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

   8. All prices on Our Site include VAT.  If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

   9. Delivery charges are included in the price of your Order for Bespoke Goods. Delivery options and related charges will be presented to you as part of the order process.

2. Orders – How Contracts Are Formed

   1. Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.  In particular, because you are ordering Bespoke Goods, please check the details you have provided carefully as We may not be able to accommodate changes once we have begun making your Bespoke Goods.

   2. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

   3. No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

   4. In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible.

   5. Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Bespoke Goods.

3. Payment

   1. Payment for Bespoke Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.  

   2. We accept the following methods of payment on Our Site:

      1. Credit Cards.

      2. Debit Cards 

4. Delivery, Risk and Ownership

   1. All Bespoke Goods purchased through Our Site will normally be delivered within 10 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control).  

   2. If We are unable to deliver the Bespoke Goods on the delivery date, the following will apply:

      1. If no one is available at your delivery address to receive the Bespoke Goods and the Bespoke Goods cannot be left in the safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the Bespoke Goods;

      2. If you do not collect the Bespoke Goods or rearrange delivery within 14 days, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Bespoke Goods.  If this happens, no refund will be given and We may also bill you for any reasonable additional cost that we incur in recovering the Bespoke Goods.

   3. Delivery shall be deemed complete and the responsibility for the Bespoke Goods will pass to you once We have delivered them to the address you have provided.

   4. Ownership of the Bespoke Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

5. Faulty, Damaged or Incorrect Bespoke Goods

   1. By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information that either We have provided or that We have received from you. If any Bespoke Goods you have purchased have faults when you receive them, or if you receive incorrect Bespoke Goods, please contact Us as soon as reasonably possible to inform Us of the fault or error. Please note that if Bespoke Goods are incorrect as a result of your provision of incorrect information, rather than them not matching Our description, then you will not be able to return those Bespoke Goods.  Otherwise, your remedies are as provided by, inter alia, The Consumer Rights Act 2015. 

   2. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

6. Changing Your Mind

   1. If you are a consumer, you may be aware there you usually have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason.

   2. Please note that Bespoke Goods do not qualify for the 14 calendar day cooling off period. You may cancel after receiving Bespoke Goods if there is a problem with them, as set out in Clause 11, but you cannot cancel merely because you have changed your mind.

7. Our Liability to Consumers

   1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

   2. We only supply Bespoke Goods for domestic and private use by consumers.  We make no warranty or representation that the Bespoke Goods are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

   3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

   4. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

8. Events Outside of Our Control (Force Majeure)

   1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic, or other natural disaster, or any other event that is beyond Our reasonable control.

   2. If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

      1. We will inform you as soon as is reasonably possible;

      2. We will take all reasonable steps to minimise the delay;

      3. To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

      4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of your Bespoke Goods as necessary;

      5. If the event outside of Our control continues for more than 120 days We will cancel the Contract and inform you of the cancellation.  

9. Communication and Contact Details

   1. If you wish to contact Us with general questions about your Order for Bespoke Goods, you may contact Us by email at info@MyGarden.Art or by post at MyGardenArt Ltd, Library Chambers, 48 Union Street, Hyde, SK14 1ND

10. Complaints and Feedback

    1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

11. How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Policy, available upon request. 

1. Other Important Terms

   1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

   2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.  

   3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.  

   4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

   5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

   6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected and are not happy with them.

2. Law and Jurisdiction

   1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

   2. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.