Terms & Conditions
TERMS & CONDITIONS
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we
supply products to you, when you order via our website https://www.gardenialondon.com/ (our "Website") or
by email.
1.2 Why you should read them. Please read these terms carefully before you submit
your order to us. These terms tell you who we are, how we will provide products to
you, how you and we may change or end the contract, what to do if there is a
problem and other important information.
1.3 We may change these terms at any time. We may amend these terms from time
to time by posting revised terms on our Website. The terms applicable to your order
will be those posted on the Website at the time of placing the order.
2. About us and how to contact us
2.1 Who we are. We are Gardenia London .
2.2 How to contact us. You can contact us by writing an email to gardenia.london2020@gmail.com or our contact form on our Website.
2.3 How we may contact you. If we have to contact you we will do so by telephone
or by writing to you at the email address or postal address you provided to us in
your order.
2.4 "Writing" includes emails and SMS. When we use the words "writing" or
"written" in these terms, this includes emails and SMS.
3. Our products
3.1 Information about our products. Information about the range of products sold via our Website is available, with product references, on our Website.
3.2 Products may vary slightly from their pictures. The images of the products on
our Website are for illustrative purposes only. Although we have made every effort
to display the colours accurately, we cannot guarantee that a device's display of the
colours accurately reflects the colour of the products. Your product may vary
slightly from those images.
4. Placing orders and our contract with you.
4.1 Placing orders. All orders are subject to availability. Orders can be placed as follows:
4.1.1 Via our Website: Orders can be placed through our Website.
4.2 We deliver both in the UK and Internationally.
4.3 You must be 18 or over. We only accept orders from customers aged 18 and over.
4.4 We only sell our retail products to consumers. Your order on our Website must not be
made for or on behalf of any business activity and must be placed strictly for your personal
use.
4.5 Your account with us: When placing an order for the first time, you may either check in
as a guest or open an account with us. All steps necessary for placing an order are
detailed on our Website.
4.6 Order acknowledgement. We will acknowledge receipt of your order without delay by
sending a confirmation email, but this confirmation email does not constitute acceptance of
your order. Your order will only be accepted when it is dispatched, and you receive a
dispatch email (see Clause 4.7).
4.7 How we will accept your order. Our acceptance of your order will take place when we
email you and tell you we have accepted and dispatched your order, at which point a
contract will come into existence between you and us.
4.8 If we cannot accept your order. If we are unable to accept your order, we will inform you
of this in writing and will not charge you for the product. This might be because the product
is out of stock, because of unexpected limits on our resources which we could not
reasonably plan for, because we have identified an error in the price or description of the
product, because we are unable to meet a delivery deadline you have specified or if the
order is not in accordance with these Terms of Sale.
4.9 Your order number. We will assign an order number to your order and tell you what it is
when we accept your order. It will help us if you can tell us the order number whenever you
contact us about your order.
5. Payment and Price
5.1 Where to find the price for the product. The price of the product in pounds sterling (£)
which includes VAT (and, except where otherwise stated on our Website, delivery costs)
will be the price indicated on the order pages when you placed your order. We take all
reasonable care to ensure that the price of the product advised to you is correct. However
please see Condition 5.4 for what happens if we discover an error in the price of the
product you order.
5.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your
order date and the date we supply the product, we will adjust the rate of VAT that you pay,
unless you have already paid for the product in full before the change in the rate of VAT
takes effect.
5.3 We will not provide VAT-refund services. We do not provide VAT-refund service for
orders placed on our Website.
5.4 What happens if we got the price wrong. It is always possible that, despite taking all
reasonable care, some of the products we sell may be incorrectly priced. If the product's
correct price at your order date is higher than the price stated to you, we will contact you
for your instructions before we accept your order at the correct price. If we accept and
process your order where a pricing error is material, obvious and unmistakeable and could
reasonably have been recognised by you as a mispricing, we may end the contract, refund
you any sums you have paid and require the return of any products provided to you.
5.5 How you must pay. We accept payment by credit card (Visa, MasterCard and American
Express) issued by banks domiciled in the European Union, by bank transfer
(provided that the paying bank account is held by you and domiciled in the European
Union) or other payment methods as they become available from time to time by notice on
our Website. We do not accept payment by business bank cards online. Payment must be
made in pounds sterling (£). In case of a payment by bank transfer, we will send you
Gardenia London's bank details by email.
5.6 When you must pay. You must pay before goods are dispatched to you. You will be
debited once you have placed your order and it has been accepted by us. We will inform
you by email once the products have been dispatched.
5.7 Failure to pay. If your payment cannot be processed for any reason (including, for
example, stopped payment, refusal by the issuer of the card), your order will be cancelled
and the contract with you ended immediately. We will inform you of this in writing.
5.8 Security measures.
5.8.1 Payments through our Website are managed on-line with the relevant banking
organisations through facilities offered by Wix Payments, which enables us to accept and manage payments, mitigate fraud, and secure payment data. Your personal information including your name, email address,
delivery details, telephone number, details of the order placed and credit card or other
payment details will be disclosed and used by Wix Payments exclusively for the purposes of
providing fraud screening services to us and to its own customers, as further detailed in
our Privacy Policy.
5.8.2 To ensure that your credit, debit or charge card is not being used without your
consent, we will validate the name, address and other personal information supplied by you
during the order process against appropriate third party databases in accordance with
our Privacy Policy. In performing these checks, personal information provided by you may
be disclosed to a registered Credit Reference Agency which may keep a record of that
information. You can rest assured that this is done only to confirm your identity, that a
credit check is not performed and that your credit rating will be unaffected.
5.8.3 If an order placed by you is considered to be fraudulent or otherwise made in breach
of this Terms of Sale, the sale will be cancelled immediately, and in the event that any
sums have already been debited to you, they will be refunded within 14 business days after
such notification.
6. Delivery & Retention Period.
6.1 Delivery costs. The costs (if any) of delivery will be as displayed to you on our website.
6.2 When we will provide the products. When we provide the products depends on what
product you are buying:
6.2.2 For all other products: During the order process we will let you know when we will
provide the products to you, and if no deadlines are given, within 30 days at the latest from
order confirmation, subject to full payment of the price.
6.3 We are not responsible for delays outside our control. If our supply of the products is
delayed by an event outside our control then we will contact you as soon as possible to let
you know and we will take steps to minimise the effect of the delay. Provided we do this we
will not be liable for delays caused by the event, but if there is a risk of substantial delay
you may contact us to end the contract and receive a refund for any products you have
paid for but not received.
6.4 If you are not at home when the product is delivered. If no one is available at your
address to take delivery, you will either be left a note to arrange a redelivery or contacted
by the courier.
6.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange
delivery your parcel will be returned to the warehouse and you will be refunded.
6.6 Delivery of gifts. In the case of a gift:
6.6.1 you may arrange for products to be delivered to a third party of your choice, provided
always that the delivery address satisfies the requirements of Condition 4.2 above;
6.7 Your legal rights if we deliver products late. You have legal rights if we deliver any
products late or we are late in making the products available for collection by you. If we
miss the delivery or collection deadline for any products then you may treat the contract as
at an end straight away if any of the following apply:
6.7.1 we have refused to deliver the products or to make them available for collection by
you;
6.7.2 delivery or collection by you within the delivery deadline was essential (taking into
account all the relevant circumstances); or
6.7.3 you told us before we accepted your order that delivery or collection by you within the
delivery deadline was essential.
6.8 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end
straight away, or do not have the right to do so under Condition 6.9, you can give us a new
deadline for delivery, which must be reasonable, and you can treat the contract as at an
end if we do not meet the new deadline.
6.9 Ending the contract for late delivery. If you do choose to treat the contract as at an end
for late delivery under Condition 6.7 or Condition 6.8, you can cancel your order for any of
the products or reject products that have been delivered. If you wish, you can reject or
cancel the order for some of those products (not all of them), unless splitting them up
would significantly reduce their value. After that we will refund any sums you have paid to
us for the cancelled products and their delivery. If the products have been delivered to you,
you must allow us to collect them from you. We will pay the costs of collection. Please email us to arrange collection.
6.10 Damage. If, at the time of delivery or collection by you, the packaging is damaged,
please open the package in the presence of the carrier in order to verify the condition of
the products. In the case of delivery, where there is damage to the products, you should
note the details on the delivery note and contact our Client Service team as set out in
Condition 2.2. If we deliver products to you and products are lost or damaged by our carrier
we will repair or replace the products free of charge (including costs of re-delivery) but only
where:
6.10.1 You tell us in writing within 24 hours of the actual delivery date in the case of
damage and within 24 hours of the delivery date notified to you when you placed your
order in the case of lost items (this is so that we will be able to meet our carrier's conditions
of carriage);
6.10.2 You produce to us any receipt or other documents relating to the products and (in
the case of damaged items) the original packaging for the products complete with all
related accessories, instruction booklets, labels, protective covers and boxes.
6.11 When you become responsible for the products. The products will be your
responsibility from the time you or a person indicated by you acquires the physical
possession of the goods.
6.12 When you own products. You own the products on the later of the following:
6.12.1 once we have received payment in full;
6.12.2 once the products have been delivered to you.
7. Product Integrity Clause
7.1 To maintain the integrity of our products, we do not permit returns or exchanges. Please ensure all details are confirmed prior to purchase.
7.2 The terms set out in this clause 7 do not affect your legal rights.
8. Your rights to end the contract
8.1 Ending your contract with us. You may end your contract with us in the circumstances
described below. Your rights when you end the contract will depend on what you have
bought, whether there is anything wrong with it, how we are performing and when you
decide to end the contract:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end
the contract (or to get the product repaired or replaced or a service re-performed or to get
some or all of your money back), see Condition 11;
8.1.2 If you want to end the contract because of something we have done or have told you
we are going to do, see Condition 8.2;
8.1.3 If you have just changed your mind about the product, see Condition 8.4.
8.2 Ending the contract because of something we have done or are going to do. If you are
ending a contract for a reason set out at Conditions 8.2.1 to 8.2.3 below the contract will
end immediately and we will refund you in full for any products which have not been
provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an error in the price or description of the product you have
ordered and you do not wish to proceed;
8.2.2 there is a risk that supply of the products may be significantly delayed because of
events outside our control;
8.2.3 you have a legal right to end the contract because of something we have done wrong
(including because we have delivered late (see Condition 6.9).
8.3 How long do I have to change my mind? In order to ensure the satisfaction of
our customers we allow up to 24 hours days after you (or someone you nominate) have ordered the products.
9. If you wish to end your contract with us.
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by
doing the following:
9.1.1 Email. Go to the My Orders tab of your account on the Website. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract:
9.2.1 Our products are unique and often customised to individual preferences, therefore, we cannot accommodate returns or exchanges.
9.3 How we will refund you. We will refund you the price you paid for the products, by the
method you used for payment. However, we may make deductions from the price, as
described below.
9.4 Deductions from refunds if you are exercising your right to change your mind. If you are
exercising your right to change your mind:
9.4.1 We may reduce your refund of the price (excluding delivery costs) to reflect any
reduction in the value of the products. Please note that the amount of the reduction could
be equal to the full amount of the price if we are unable to sell the returned products
because they do not meet our high standards of sale. If we refund you the price paid before
we are able to inspect the products and later discover you have handled them in an
unacceptable way, you must pay us an appropriate amount.
9.5 When your refund will be made. We will make any refunds due to you as soon as
possible. If you are exercising your right to change your mind, your refund will be made
within 14 days of your telling us you have changed your mind, except that we may withhold
refund if you did not permit collection of the products as required under these Terms of
Sale within a reasonable time after notifying us of your decision to cancel the contract, or
until you show us evidence you have dispatched the products.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any
time by writing to you if:
10.1.1 you do not make any payment to us when it is due;
10.1.2 you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break the contract. If we end the contract in the
situations set out in Condition 10.1 we will refund any money you have paid in advance for
products we have not provided but we may deduct or charge you reasonable compensation
for the net costs we will incur as a result of your breaking the contract.
11. If there is a product fault
11.1 How to tell us about problems. If you have any questions or complaints about the
product, please contact us. You can email us.
11.2 Your legal rights. We are under a legal duty to supply products that are in conformity
with this contract. Nothing in these terms will affect your legal rights.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to
reject products you must allow us to collect them from you. Please email us to this.
12. Our responsibility for loss or damage of a product
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to
comply with these terms, we are responsible for loss or damage you suffer that is a
foreseeable result of our breaking this contract or our failing to use reasonable care and
skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or
damage is foreseeable if either it is obvious that it will happen or if, at the time the contract
was made, both we and you knew it might happen, for example, if you discussed it with us
during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to
do so. This includes liability for death or personal injury caused by our negligence or the
negligence of our employees, agents or subcontractors; for fraud or fraudulent
misrepresentation; for breach of your legal rights in relation to the products; and for
defective products under the Consumer Protection Act 1987.
12.3 We are not liable for business losses. We only supply the products for domestic and
private use. If you use the products for any commercial, business or re-sale purpose we
will have no liability to you for any loss of profit, loss of business, business interruption, or
loss of business opportunity.
13. Other important terms
13.1 Nobody else has any rights under this contract. This contract is between you and us.
No other person shall have any rights to enforce any of its terms.
13.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the
paragraphs of these terms operates separately. If any court or relevant authority decides
that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not
insist immediately that you do anything you are required to do under these terms, or if we
delay in taking steps against you in respect of your breaking this contract, that will not
mean that you do not have to do those things and it will not prevent us taking steps against
you at a later date. For example, if you miss a payment and we do not chase you but we
continue to provide the products, we can still require you to make the payment at a later
date.
13.4 Which laws apply to this contract and where you may bring legal proceedings. These
terms are governed by English law and you can bring legal proceedings in respect of the
products in the English courts. If you live in Scotland you can bring legal proceedings in
respect of the products in either the Scottish or the English courts. If you live in Northern
Ireland you can bring legal proceedings in respect of the products in either the Northern
Irish or the English courts.
13.5 Alternative dispute resolution. Alternative dispute resolution is a process where an
independent body considers the facts of a dispute and seeks to resolve it, without you
having to go to court. If you are not happy with how we have handled any complaint, you
can submit a complaint for online resolution to the European Commission Online Dispute
Resolution platform.
Other: Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To: Gardenia London
Send us an email: (Email) or using our contact form on our Website.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following
products [*]
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate