Terms & Conditions | Garden Lawncare Guy

Please read these Terms and Conditions of Sale and Website Use carefully. These Terms and Conditions contain provisions governing use of our website and provisions governing purchases from us. The website-use provisions apply when you use the website. The sales provisions apply when you place an order with us.

Any new features, tools or services added to the current store shall also be subject to these Terms and Conditions. You can review the most current version of these Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes, subject always to Section 20.

Nothing in these Terms and Conditions is intended to exclude or limit your statutory rights as a consumer under applicable UK law, including the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Definitions

“We”, “us” and “our” mean Garden Lawncare Guy Ltd.
“You” and “your” mean any user of the website and any customer purchasing goods or services from us.
“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
“Business Customer” means any customer who is not a Consumer.
“Website” means our website and any related online store operated by us.
“Goods” means any products supplied by us.
“Contract” means any contract between you and us for the sale of goods or supply of services.

This website is operated by Garden Lawncare Guy Ltd, a company registered in England and Wales with company number 13139054 and VAT number GB393557065.
Trading address: Garden Lawncare Guy, Walkers Plant Centre, Chester, CH3 6EA, England, United Kingdom.
You can contact us via the contact form on our website, by telephone on 01244 267681, or in writing at the above trading address.

Contract Formation
When you place an order, you are making an offer to purchase the goods from us. An automated order acknowledgement confirms that we have received your order but does not necessarily mean that we have accepted it.

A contract is formed when we send you confirmation that the goods have been dispatched, unless we expressly confirm acceptance at an earlier stage.

We may decline an order before acceptance for reasons including stock unavailability, an obvious pricing or listing error, payment failure, suspected fraud, delivery restrictions or legal or regulatory requirements. If payment has already been taken for an order we do not accept, we will refund it.

SECTION 1 – ONLINE STORE TERMS

You must be at least 18 years old and legally capable of entering into a binding contract to place an order through the website. If you permit a minor to use the website, you remain responsible for their use of it.

You may not use our website, services or products for any unlawful or unauthorised purpose, nor may you, in the use of the website or services, violate any applicable laws or regulations.

You must not transmit any worms, viruses or any code of a destructive nature.

We may suspend or terminate your access to the website or refuse or cancel orders where you breach these Terms and Conditions or where reasonably necessary for legal, operational or security reasons.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse, limit or cancel service or orders where reasonably necessary, including in cases of suspected fraud, misuse, stock limitations, pricing errors, security concerns, or breach of these Terms and Conditions.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website or services, any use of the website or services, or any access to the website or services, without our express written permission.

The headings used in these Terms and Conditions are included for convenience only and shall not limit or otherwise affect their interpretation.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We do not guarantee that information made available on this website is always accurate, complete or current. The material on this website is provided for general information only and should not be relied upon as professional, technical or site-specific advice unless we expressly state otherwise. You should not rely solely on website content when making decisions without considering more specific, more accurate, more complete or more timely sources of information where appropriate.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Nothing in this section affects our obligation to ensure that products supplied to you conform to the contract, including being as described, of satisfactory quality and fit for purpose where required by law.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices, sales, discounts and coupons or similar for our products are subject to change without notice.

We may modify, suspend or discontinue website features, product ranges or services prospectively and without notice where reasonably necessary. This will not affect an order already accepted by us or any liability or statutory right that cannot lawfully be excluded, except where cancellation is permitted under these Terms and Conditions or required because of an obvious pricing error, stock unavailability or circumstances outside our reasonable control.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange in accordance with Section 7 of these Terms and Conditions.

We have made every effort to display as accurately as possible the colours and images of our products that appear on the website. We cannot guarantee that your device’s display of any colour will be accurate.

We reserve the right, but are not obliged, to limit the sale of our products or services to any person, geographic region or jurisdiction where reasonably necessary. We may exercise this right on a case-by-case basis. We also reserve the right to limit quantities of any products or services we offer. All product descriptions, availability and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product or service on this website is void where prohibited.

Except where required by law, we do not guarantee that products will meet subjective expectations or produce any particular horticultural, gardening or aesthetic result.

Our products must be stored, handled and used in accordance with the instructions and safety guidance provided on the packaging and on our website. You are responsible for ensuring that products are suitable for your particular use and for using any appropriate protective equipment.

We are not responsible for loss or damage arising from storage, handling or use of products in a manner that is inconsistent with our instructions, negligent, unsuitable for the conditions, or otherwise not in accordance with good gardening practice, except where we are required to accept such responsibility by law.

You are responsible for determining whether a product is suitable for your soil, lawn, garden conditions or intended use. Nothing in this section affects any statutory rights you may have in relation to goods that are faulty, not fit for purpose where required by law, or not as described.

You acknowledge that seeds, fertilisers, lawn treatments and other horticultural products are inherently dependent on variables outside our control. Except where required by law, we do not warrant or guarantee any particular result, including germination success, growth rate, lawn establishment, weed suppression, colour, density, coverage, yield or treatment outcome.

For Business Customers only:
(a) any figures, rates, timings, treatment windows, coverage estimates, sowing rates, expected results or performance examples are illustrative only unless expressly stated by us in writing to be binding; and
(b) no statement on our website, packaging, marketing materials or by our staff shall be binding unless expressly confirmed by us in writing.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit or cancel any order you place with us. We may reasonably limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed under the same customer account, the same payment card, and/or orders that use the same billing and/or shipping address.

We may also refuse or cancel orders where there is an obvious pricing or listing error, suspected fraud, stock unavailability, or where an order appears to have been placed for unauthorised marketplace resale, circumvention of purchase limits or another commercial purpose inconsistent with restrictions disclosed before purchase.

If we change or cancel an order, we may attempt to notify you using the email address, billing address or telephone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – RETURNS, DELIVERY, CLAIMS & RISK POLICY

7.1 Delivery Information & Notifications
7.1.1 You must ensure that the name, delivery address, postcode, email address, telephone number, access information and delivery instructions supplied with your order are complete and accurate.

We are entitled to rely on the information supplied with the order.

7.1.2 A request to change a delivery address or delivery instruction is effective only if we confirm in writing that we have accepted the change before dispatch.

We are not responsible for failing to implement a change that:

(a) was supplied after dispatch;

(b) was not received by us; or

7.1.3 We or the courier may provide dispatch, tracking and delivery communications, including delivery notifications, photographs and options to rearrange or manage delivery.

You should monitor these communications, including spam and junk folders, review any delivery photograph promptly and check any location identified by the courier.

7.1.4 To the fullest extent permitted by law, we are not responsible for loss or additional cost to the extent caused or increased by:

(a) incorrect or incomplete information supplied by you;

(b) failure to act on a clear delivery notification;

(d) failure to take reasonable steps to prevent or reduce an avoidable loss.

7.2 Delivery Dates, Access and Delays

7.2.1 Delivery dates and timeframes shown on our website, at checkout, in an order confirmation, in a dispatch confirmation or in tracking information are estimates unless we expressly confirm in writing that a delivery date is guaranteed.

For Business Customers, time for delivery is not of the essence unless we expressly agree otherwise in writing.

7.2.2 You are responsible for providing reasonable and safe access to the delivery address and complying with any identification, signature, age-verification, access-code or delivery-code requirements.

A courier may refuse or postpone delivery where access is unsafe, unlawful, restricted or impracticable.

7.2.3 Delivery may be delayed by courier disruption, adverse weather, seasonal demand, transport disruption, industrial action, access difficulties or other circumstances outside our reasonable control.

We do not provide compensation solely because delivery occurs after an estimated delivery date.

7.2.4 During this period, we may investigate the delivery and require any information, evidence or completed claims form reasonably needed for that investigation.

7.2.5 We will not normally treat a parcel as lost or provide a refund or replacement while reliable tracking indicates that it remains in transit and is still reasonably expected to arrive.

We may resolve the matter sooner where reliable evidence establishes that the parcel:

(a) has been lost;

(b) has been returned;

(d) can no longer reasonably be expected to arrive.

7.2.6 Subject to any liability that cannot be excluded, we are not liable to a Business Customer for loss arising solely from delayed delivery.

7.3 Business Customer Delivery and Passing of Risk

7.3.1 For a Business Customer, risk of accidental loss of or damage to the goods passes at the earliest of:

(a) collection of the goods by the Business Customer;

(b) collection by a carrier or other person acting for the Business Customer;

(d) where delivery or collection is delayed because of the Business Customer, the time at which we first tender delivery or notify the Business Customer that the goods are ready for collection.

7.3.2 Handover to a courier or carrier constitutes delivery to the Business Customer for the purpose of passing risk, whether the courier is selected or paid by us or by the Business Customer, including where carriage is included within the price of the goods.

Our arranging carriage does not postpone the passing of risk.

7.3.3 After risk passes:

(a) the Business Customer is responsible for loss, theft, damage, deterioration or destruction occurring in transit or following delivery;

(b) such loss or damage does not relieve the Business Customer from its obligation to pay for the goods; and

7.3.4 Clause 7.3.3 does not exclude liability to the extent that the loss was caused by:

(a) our failure to dispatch the goods;

(b) our dispatching the goods to an address different from the address supplied with the order, where that was solely our error;

(d) the goods being faulty, incorrectly supplied or otherwise non-conforming when risk passed;

(e) fraud or fraudulent misrepresentation; or

(f) liability that cannot lawfully be excluded.

7.3.5 Delivery to any person who reasonably appears authorised to receive goods at the Business Customer’s delivery address will be treated as delivery to the Business Customer. This includes delivery to an employee, director, officer, contractor, receptionist, security worker, warehouse operative, goods-in department, occupier or other representative at the address.

Delivery in accordance with a safe-place, parcel-box, reception, neighbour or other delivery instruction provided or accepted by the Business Customer will be treated as completed delivery.

7.3.6 Provided the Business Customer complies fully and promptly with clauses 7.7 and 7.8, we may, at our discretion, submit or assist with a claim against the courier.

We do not guarantee the outcome, amount or timing of any courier claim.

Unless we agree otherwise in writing, we are not required to refund, replace or credit goods for which risk has passed merely because a courier claim is outstanding or unsuccessful.

Any courier compensation actually recovered for the affected goods will be credited to the Business Customer after deduction of our reasonable and evidenced recovery costs, unless we have already provided another remedy.

7.3.7 The passing of risk is separate from the passing of title. Title remains subject to any retention-of-title provision elsewhere in these Terms.

7.4 Safe Places, Neighbours and Unattended Delivery

7.4.1 A delivery instruction may be provided to us or directly to the courier, including through a courier account, application, delivery-management service or redelivery request.

We and the courier may reasonably rely on a delivery preference recorded against the parcel or delivery address unless we have reason to believe that it is incorrect or unauthorised.

7.4.2 Where you nominate a safe place, neighbour, parcel box or unattended location, you are responsible for ensuring that it is:

(a) clearly identifiable;

(b) accessible to the courier;

(d) reasonably secure;

(e) protected from foreseeable weather exposure; and

(f) not likely to be emptied, removed, moved or disturbed before collection.

This includes ensuring that any nominated bin, box, container or movable receptacle will not be emptied or moved before the parcel is retrieved.

7.4.3 You must promptly check a location shown in a delivery notification, photograph or tracking record.

Where goods are delivered in accordance with an express instruction and are subsequently lost, stolen, damaged, removed, emptied or disposed of, the instruction and the delivery evidence will be taken into account when responsibility for the loss is assessed.

7.4.4 For Business Customers, delivery in accordance with an authorised instruction is completed delivery and is subject to the passing-of-risk provisions in clause 7.3.

7.4.5 A customer who does not want a parcel left unattended should contact us before placing the order so that we can confirm whether a signature, delivery-code, restricted-delivery or alternative service is available.

Additional charges may apply and we do not guarantee that every service will support every delivery restriction.

7.5 Delivery Evidence and Assessment of Claims

7.5.1 We may use any information or evidence available to us, the courier or another relevant party when investigating and deciding a delivery claim.

7.5.2 We will assess the available evidence as a whole and decide the claim on the balance of probabilities. A signature is not required for us to establish delivery.

7.5.3 Clear, reliable and consistent tracking, photographic and location evidence may be sufficient for us to conclude that delivery was correctly completed.

7.5.4 Where the available evidence supports correct delivery and the only contrary evidence is an unsupported assertion of non-receipt, we may reject the claim.

7.5.5 We are not required to provide an automatic refund, replacement or credit before completing a reasonable investigation.

7.6 Consumer Parcels Recorded as Delivered but Reported Missing

7.6.1 A Consumer who cannot locate a parcel recorded as delivered must notify us as soon as reasonably possible after becoming aware of the issue. To preserve delivery evidence and allow a prompt investigation, the matter should be reported within 7 calendar days after the recorded delivery date wherever reasonably possible.

7.6.2 The Consumer must take reasonable steps to locate the parcel and provide any information reasonably requested by us for the purpose of investigating the claim.

7.6.3 We may reject a claim where:

(a) the available evidence supports correct delivery;

(b) the Consumer’s account is materially inconsistent with reliable delivery evidence;

(c) the Consumer fails without reasonable explanation to provide information reasonably required for the investigation; or

(d) the claim was not reported within 7 calendar days, the delay has prevented or materially prejudiced a meaningful investigation, and the remaining evidence supports correct delivery.

A report made after 7 days will be assessed using the evidence that remains available.

7.7 Business Customer Delivery Claims

7.7.1 A Business Customer must inspect the packaging, goods and delivery records immediately upon delivery and before the goods are used, resold, applied, mixed, processed or supplied to another person.

7.7.2 The Business Customer must notify us in writing:

(a) of recorded delivery but alleged non-receipt, visible damage, short delivery, incorrect quantity, delivery to an allegedly incorrect location or failure to follow an instruction, within three business days after the recorded delivery date;

(b) of complete non-delivery where no delivery scan exists, within three business days after the estimated or agreed delivery date;

(c) of concealed damage or shortage that was reasonably discoverable by prompt inspection, within seven calendar days after delivery; and

(d) of a latent defect that could not reasonably have been discovered by prompt inspection, within five business days after discovering the defect and, in any event, no later than three months after delivery, and before any further use, application, resale, mixing or processing after discovery.

7.7.3 The Business Customer’s notice must contain full details of the claim and include any information or evidence reasonably requested by us.

7.7.4 A signature or acceptance of delivery without a recorded reservation is prima facie evidence that the parcel and external packaging appeared complete and undamaged at delivery.

Use, application, resale, mixing or processing of the goods constitutes acceptance of the goods except in relation to a latent defect that could not reasonably have been identified beforehand.

7.7.5 To the fullest extent permitted by law, compliance with the applicable notification periods in this clause is a condition of any Business Customer claim concerning loss, damage, shortage, defect or non-conformity. Any claim not notified within the applicable period is waived.

We may also reject a claim where delay has prevented or materially prejudiced our investigation, caused the loss of an available courier or insurance recovery, or increased a loss that could reasonably have been prevented by prompt inspection, notification or mitigation.

No claim relating to a latent defect may be made more than three months after delivery, except to the extent that applying that restriction would be unlawful.

7.7.6 Where risk passed under clause 7.3, the Business Customer’s recovery for transit loss or damage is limited to:

(a) any remedy expressly agreed by us; or

(b) any amount actually recovered from the courier,

except to the extent the loss arose from a matter listed in clause 7.3.4.

7.8 Claims Form and Cooperation

7.8.1 Where an order is reported lost, missing, damaged, incomplete or incorrectly delivered, we may require the customer to complete and sign our claims form and provide any information or evidence reasonably requested for the investigation.

7.8.2 We may pause the investigation and defer any decision on a refund, replacement or credit while the completed claims form or other reasonably requested information remains outstanding.

7.8.3 A failure or refusal, without reasonable explanation, to complete the claims form or cooperate with the investigation may be taken into account when deciding the claim and may result in the claim being rejected where we are unable to verify it.

7.8.4 A Business Customer must return the completed claims form and requested evidence within three business days after our request. To the fullest extent permitted by law, failure to do so will result in the claim being rejected.

7.8.5 False, incomplete or misleading information may result in rejection of the claim, recovery of any improperly obtained refund or replacement, restriction of the customer’s account, refusal of future orders and referral to the courier, payment provider or relevant authority where appropriate.

7.9 Incorrect Addresses, Refused Deliveries and Failure to Take Delivery

7.9.1 Where incorrect or incomplete information supplied by you causes delay, misdirection, return or additional courier charges, you are responsible for the reasonable and evidenced direct costs caused by that error.

These may include:

(a) a return charge;

(b) a redelivery charge;

(d) the direct cost of resending the goods.

7.9.2 Refusing a parcel, failing to answer the door, failing to rearrange delivery or failing to collect a parcel does not constitute notice of cancellation. A Consumer wishing to cancel must clearly notify us.

7.9.3 For Business Customers:

(a) original delivery, return, storage and redelivery charges are non-refundable;

(b) all additional costs caused by refusal, non-collection, restricted access or failure to take delivery are payable by the Business Customer; and

7.9.4 Where goods are returned to us, we may cancel the order or require payment before redelivery if the customer does not provide workable delivery instructions within a reasonable period.

7.10 Consumer Change-of-Mind Cancellation and Returns

7.10.1 A Consumer must clearly notify us of the decision to cancel within 14 days after the day on which:

(a) the Consumer or a person identified by the Consumer receives the goods; or

(b) for goods delivered separately, the Consumer receives the final consignment.

7.10.2 The cancellation right does not apply where an applicable exception covers the goods, including goods made to the Consumer’s specifications or clearly personalised, goods liable to deteriorate or expire rapidly, and goods that become inseparably mixed with other items after delivery.

7.10.3 After cancelling, the Consumer must return the goods without undue delay and no later than 14 days after notifying us.

Unless the goods are faulty, incorrectly supplied or otherwise non-conforming:

(a) the Consumer bears the direct cost of return;

(b) the goods must be packaged safely;

(d) if we agree to collect the goods, we may deduct the actual direct collection cost from the refund where permitted by law.

7.10.4 The Consumer may inspect the goods only to the extent reasonably permitted in a physical shop.

We may reduce the refund to reflect an actual reduction in value caused by handling beyond what was reasonably necessary to establish the goods’ nature, characteristics and functioning.

Opening packaging does not automatically remove the cancellation right, but use, application, contamination, deterioration or damage may result in a deduction where permitted by law.

7.10.5 For a valid cancellation, we will refund:

(a) the price paid for the returned goods; and

(b) the cost of our least expensive standard outbound delivery option, where required by law.

Additional amounts paid for enhanced, premium, timed or expedited delivery are non-refundable.

7.10.6 We may withhold reimbursement until:

(a) we receive the goods back; or

(b) the Consumer provides satisfactory evidence that the goods have been sent back,

whichever occurs first.

We will process the refund no later than 14 days after that event and will make it to the original payment method unless otherwise agreed.

7.10.7 Where cancellation occurs after dispatch:

(a) we may be unable to intercept the parcel;

(b) the parcel may still be delivered;

(d) the Consumer is responsible for the direct return cost where cancellation is for change of mind.

Cancellation does not entitle a Consumer to retain both the goods and the refunded payment.

7.11 Faulty, Damaged, Deteriorated or Incorrect Goods

7.11.1 You must notify us as soon as reasonably possible of any alleged fault, damage, deterioration, shortage or incorrect supply and provide any information or evidence reasonably requested by us. Transit damage should ideally be reported within 48 hours so that relevant evidence can be preserved.

7.11.2 We may require the goods and packaging to be preserved, returned or made available for inspection before deciding the claim.

After becoming aware of an alleged problem, you must take reasonable steps to prevent further loss or damage and must not continue to use, apply, mix, process or alter the goods where doing so may worsen the problem or interfere with our investigation.

7.11.3 An unsuccessful horticultural result does not, by itself, establish that the goods were defective. We may assess whether the issue arose from the condition of the goods or from circumstances occurring after delivery.

7.11.4 To the fullest extent permitted by law, we are not responsible for deterioration, damage or failure caused after risk passes by the storage, handling, preparation, use, application or maintenance of the goods, environmental conditions, or any act or omission of the customer or a third party.

7.11.5 Business Customer claims are also subject to clauses 7.3, 7.7, 7.8 and 7.12.

7.12 Business Customer Returns, Warranties and Remedies

7.12.1 Business Customers have no change-of-mind return right.

Goods may not be returned without our prior written authorisation.

7.12.2 Any discretionary return must:

(a) be requested within 14 calendar days after delivery;

(b) be returned within the period stated in our authorisation;

(d) include all original packaging, labels and components;

(e) be suitable for immediate resale; and

(f) be returned at the Business Customer’s risk and cost.

Unauthorised returns may be refused or held at the Business Customer’s risk and cost.

7.12.3 We may refuse a discretionary return of:

(a) bespoke or personalised goods;

(b) custom mixtures;

(d) opened, used, applied, mixed or contaminated products;

(e) goods that cannot safely or lawfully be resold; or

(f) discontinued, clearance or specially procured goods.

7.12.4 Where we accept a discretionary return:

(a) original delivery charges are non-refundable;

(b) return costs are payable by the Business Customer;

(d) we may charge a restocking fee of up to 25% of the price of the returned goods where reasonable in the circumstances.

7.12.5 Subject to clause 7.12.8, and to the fullest extent permitted by law, all warranties, conditions and other terms implied by statute or common law in favour of a Business Customer are excluded, except for terms relating to title that cannot lawfully be excluded.

7.12.6 Subject to clause 7.12.8, where we accept a Business Customer product or delivery claim, the Business Customer’s sole remedy will be, at our option, to:

(a) repair the affected goods;

(b) replace the affected goods;

(d) issue a credit for the affected goods; or

(e) refund the price paid for the affected goods.

7.12.7 Subject to clause 7.12.8 and any wider limitation of liability elsewhere in these Terms:

(a) our total aggregate liability to a Business Customer arising out of or in connection with the affected order or goods, whether in contract, tort including negligence, misrepresentation, breach of statutory duty or otherwise, will not exceed the net price paid or payable for the specific goods giving rise to the claim;

(b) we are not liable for loss of profit, revenue, business, contracts, production, opportunity, goodwill or anticipated savings;

(d) we are not liable for indirect or consequential loss.

7.12.8 Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(d) liability under the Consumer Protection Act 1987 to the extent it cannot lawfully be excluded or limited; or

(e) any other liability that cannot lawfully be excluded or limited.

7.13 Chargebacks and Payment Disputes

7.13.1 Where reasonably practicable, you should contact us and allow us a reasonable opportunity to investigate before initiating a chargeback or payment dispute.

7.13.2 We may contest any chargeback or payment dispute and provide any information or evidence reasonably necessary to respond to it.

7.13.3 You are not entitled to recover more than once for the same loss. Any duplicate refund, payment, credit or other recovery must be repaid to us promptly.

7.13.4 A chargeback or payment reversal does not release you from any amount that remains lawfully due under the contract. We may recover that amount and any costs that are lawfully recoverable.

7.13.5 A Business Customer must reimburse our actual bank charges, card-scheme charges and reasonable recovery costs arising from a chargeback where the chargeback is rejected, withdrawn or reversed, or the amount is otherwise established to remain payable.

7.13.6 Where we reasonably suspect that a chargeback or payment dispute is fraudulent, deliberately false or abusive, we may reject the related claim, restrict the account, decline future orders and refer the matter to the relevant payment provider or authority.

7.14 Goodwill, Enforcement and Statutory Rights

7.14.1 Any refund, replacement, credit, compensation or concession that exceeds our legal or contractual obligations is provided as goodwill only.

It does not:

(a) constitute an admission of liability;

(b) create a continuing obligation;

(d) waive our right to enforce these Terms in another case.

7.14.2 A failure or delay by us in enforcing a right in one case does not waive that right in another case.

7.14.3 Nothing in this section excludes or restricts any liability or right that cannot lawfully be excluded or restricted.

7.14.4 Where a provision cannot be enforced against a Consumer but can lawfully be enforced against a Business Customer, it will continue to apply to the Business Customer to the fullest extent permitted.

SECTION 8 – OPTIONAL TOOLS

We may provide you with access to third party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Third-party tools may be governed by the provider’s own terms and privacy information. To the extent permitted by law, we are not responsible for the independent operation, availability or content of a third-party tool that we do not control. Nothing in this section excludes liability arising from our own breach, negligence, misrepresentation or any liability that cannot lawfully be excluded.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

SECTION 9 – THIRD PARTY LINKS

Affiliate Disclosure – We may earn commission from qualifying purchases made through certain links on this website, including through the Amazon Associates programme where applicable.

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links may direct you to websites that are independently operated and not controlled by us. We are not responsible for examining or verifying their content, accuracy, availability, products, services or practices.

Transactions entered into directly with an independent third party are governed by that third party’s terms. Questions or complaints about those products or services should normally be directed to the third party.

Nothing in this section excludes liability arising from our own breach, negligence, misleading representation or any other liability that cannot lawfully be excluded.

SECTION 10 – REVIEWS, IMAGES, FEEDBACK AND OTHER USER CONTENT

Where you voluntarily submit or upload a review, rating, testimonial, photograph, video or other material through a review, feedback, social-media or promotional submission facility, or otherwise clearly submit it for publication (“User Content”), you grant Garden Lawncare Guy Ltd a non-exclusive, worldwide, perpetual, royalty-free licence, with the right to sub-license where reasonably necessary, to:

use, reproduce, publish and display the User Content;
crop, resize, format, caption and make reasonable editorial adaptations to it;
incorporate it into product pages, product thumbnails, website content, emails, printed materials, advertisements, social-media content and other marketing or educational materials; and
store and archive it for those purposes.

You must not upload marketing content containing an identifiable person unless you have their permission. We may reject, crop or remove content containing identifiable people or other personal information.

Photographs, videos or other materials supplied privately for customer service, complaint handling, returns, delivery enquiries or evidential purposes will not be used for marketing merely because they were sent or uploaded to us.

You acknowledge that User Content may be incorporated into completed product thumbnails, graphics, advertisements, printed materials, scheduled campaigns and other marketing assets. If you later ask us to stop using particular User Content, we will consider the request and, where reasonably practicable, cease using it in new materials under our direct control.

However, a removal request does not require us to:

recall or destroy printed materials already produced or distributed;
withdraw advertisements or content already published, scheduled or contractually committed;
recreate completed product thumbnails, graphics, videos or other existing materials solely to remove content lawfully incorporated into them;
remove material from archives or backups except where required by law; or
remove copies, reposts or shares outside our control.

You confirm that:

you own the User Content or have permission to submit it;
it does not identify or depict any person without their permission;
it is truthful and not materially misleading;
it does not infringe another person’s copyright, privacy or other rights; and
it is not unlawful, defamatory, abusive or fraudulent.

Unless expressly agreed otherwise in writing:

submission is voluntary;
no payment, discount, free product or other compensation is due;
we may decide whether to publish the content; and
we may crop, format, moderate or remove it.

To the extent permitted by law, you agree not to assert moral rights in a manner that prevents the editing, formatting, publication or continued lawful use of User Content under this section.

Our handling of names, usernames and any other personal information associated with User Content remains subject to our Privacy Policy and applicable data-protection law.

SECTION 11 – PERSONAL INFORMATION

Personal information we collect about you is handled in accordance with our Privacy Policy, available on our website. Our use of cookies and similar technologies is explained in our Cookies Policy, also available on our website.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, delivery charges, transit times or availability. We reserve the right to correct any such errors, inaccuracies or omissions, including obvious pricing errors, and to change or update information or cancel orders where necessary. This paragraph does not affect orders already accepted by us except where cancellation is permitted under these Terms and Conditions, required by law, or reasonably necessary because of an obvious error, stock issue or matter outside our reasonable control.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable national or local law, regulation, court order or other legally binding requirement; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any unlawful, obscene or seriously offensive purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our website or services will be uninterrupted, timely, secure or error-free.

Any guidance, recommendations, calculators, product descriptions, treatment plans, sowing suggestions or other information we provide are for general information only and are not tailored professional or site-specific advice unless we expressly agree otherwise in writing.

Because many of our products are affected by factors outside our control, including weather, soil conditions, ground preparation, storage, application method, dosage, timing, watering, pest activity and general site conditions, we do not guarantee any particular horticultural, gardening, lawn, germination, establishment, growth, colour, coverage, treatment or performance outcome unless expressly stated by us in writing.

Nothing in these Terms and Conditions excludes or limits liability where it would be unlawful to do so. In particular, nothing in these Terms and Conditions excludes or limits liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which liability cannot lawfully be excluded or restricted.

Consumers

If you are a Consumer, nothing in these Terms and Conditions affects your statutory rights, including your rights under the Consumer Rights Act 2015.

If we breach these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of contract or failure to use reasonable care and skill. We are not responsible for:
(a) loss or damage that was not foreseeable;
(b) loss or damage caused by your failure to follow our instructions, warnings, storage guidance or product information;
(c) loss or damage caused by abnormal or unsuitable conditions of use, storage, soil, weather, site conditions or application; or
(d) business loss, including loss of profit, loss of business, business interruption or loss of business opportunity.

Nothing in this section limits your rights to remedies in respect of goods that are faulty, not as described, or not fit for purpose where required by law.

Business Customers

If you are a Business Customer:
(a) all terms, conditions, warranties, representations and guarantees implied by statute, common law or otherwise are excluded to the fullest extent permitted by law;
(b) you acknowledge that you have not relied on any statement, representation, assurance or warranty other than as expressly set out in these Terms and Conditions and any written specification expressly agreed by us;
(c) you are solely responsible for satisfying yourself that the goods are suitable for your intended purpose, application, resale, onward use and the conditions in which they will be stored, handled and used; and
(d) except to the extent expressly agreed by us in writing, we make no warranty as to fitness for a particular purpose, compatibility, performance, yield, germination outcome, establishment rate, treatment result or commercial suitability.

Subject always to any liability that cannot lawfully be excluded or restricted:

(i) our total aggregate liability arising out of or in connection with the Contract, whether in contract, tort, including negligence, breach of statutory duty, misrepresentation or otherwise, shall not exceed the price paid or payable for the goods giving rise to the claim;

(ii) where the claim relates only to the affected goods themselves, we may, at our option, replace or re-supply the affected goods or refund the price paid for them;

(iii) we shall not be liable for any indirect or consequential loss, or for any loss of profit, revenue, sales, margin, anticipated savings, production, use, contract, goodwill, reputation, business opportunity or management time;

(iv) we shall not be liable to the extent that the loss was caused or contributed to by weather, soil or site conditions, storage, contamination, mixing with other products, incorrect method or timing of application, under-application, over-application, failure to follow instructions, pest activity, disease, irrigation issues or another factor outside our reasonable control;

(v) nothing in this section excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or restricted;

(vi) you must notify us in writing as soon as reasonably practicable and, where reasonably possible, within seven days of delivery for shortages, transit damage or visible defects, and within 30 days after any latent issue first becomes apparent, and in any event no later than six months after delivery; and

(vii) you shall not be entitled to set off, withhold or deduct any sums due to us without our prior written agreement or a final court judgment.

Our prices are calculated on the basis of the allocation of risk and liability limits set out in this section. A Business Customer requiring a higher liability limit must contact us before placing an order, and any different limit must be expressly agreed in writing.

SECTION 15 – INDEMNIFICATION

If you are a Business Customer, you shall indemnify and keep indemnified Garden Lawncare Guy Ltd against all losses, claims, liabilities, costs, expenses and demands arising out of or in connection with:
(a) your onward sale, relabelling, repackaging, modification, storage, transport, marketing or use of the goods;
(b) any representation, statement, guarantee or claim made by you to any third party about the goods which is not expressly authorised by us in writing;
(c) your breach of any applicable law, regulation or industry code;
(d) your negligence, misuse or improper handling of the goods; or
(e) any breach by you of these Terms and Conditions giving rise to a third party claim.

Nothing in this section applies to a Consumer except to the extent liability arises from that Consumer’s unlawful acts or deliberate misuse of the website.

This indemnity does not apply to the extent that a loss was caused or contributed to by our breach of contract, negligence, defective goods or unlawful act.

SECTION 16 – SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If we reasonably believe that you have materially breached these Terms and Conditions, we may suspend or terminate access to the website or services where proportionate. Where appropriate, we may give you an opportunity to remedy the breach. You will remain liable for all amounts lawfully due up to and including the date of termination. We may also deny or restrict your access to the website or services. Termination of website access does not automatically cancel an order already accepted by us.

SECTION 18 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision.

These Terms and Conditions, together with any policy expressly stated to form part of the Contract and made available to you before the Contract was entered into, set out the entire agreement between you and us concerning the website, goods and services.

If you are a Business Customer, you acknowledge that you have not relied on any statement, representation, assurance or warranty that is not expressly set out in these Terms and Conditions or in any written specification expressly agreed by us.

Nothing in this section excludes or limits liability for fraud or fraudulent misrepresentation, or for any other misrepresentation where liability cannot lawfully be excluded.

SECTION 19 – GOVERNING LAW

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.

If you are a business customer, the courts of England and Wales shall have exclusive jurisdiction.

If you are a consumer resident outside England and Wales, this choice of law does not deprive you of any mandatory protection provided by the law of the part of the United Kingdom in which you live.

SECTION 20 – CHANGES TO TERMS & CONDITIONS

You can review the most current version of these Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website.

Any changes will apply from the date they are posted and will not affect orders already accepted by us unless the change is required by law or has been clearly communicated and accepted.

Continued use of the website after changes are posted means that the revised website-use provisions will apply to your future use. Changes to sales terms will apply only to contracts entered into after the revised terms take effect, unless otherwise required by law or expressly agreed.

SECTION 21 – CONTACT INFORMATION

Questions, complaints and cancellation notices may be sent to:

Garden Lawncare Guy Ltd
Walkers Plant Centre
Chester
CH3 6EA
United Kingdom

Telephone: 01244 267681

You may also contact us using the contact form or live chat on our website.

SECTION 22 – FRAUD, ABUSE & MISUSE PREVENTION

Where we have reasonable and documented grounds to suspect fraud, deliberate dishonesty or material abuse, we may take proportionate steps to investigate and protect our legitimate interests.

Relevant indicators may include:

Repeated claims of non-delivery, missing items or damaged items;
Excessive or unusual return activity;
Attempts to obtain refunds, replacements or compensation through dishonest or misleading claims;
Threatening, harassing or abusive behaviour towards our staff, or demands that are clearly disproportionate, repetitive and unrelated to the legitimate resolution of a complaint;
Attempts to circumvent limits, restrictions or blocks on your account;
Use of false identities, addresses or payment information.

Depending on the circumstances, proportionate steps may include:

cancelling or refusing current or future orders;
restricting or blocking access to our website and services;
delaying a discretionary refund or, where legally permitted, withholding a refund for the reasonable period necessary to verify the claim, without overriding any mandatory statutory refund deadline;
requiring additional proof of identity, delivery or item condition;
seeking recovery of actual, reasonable and legally recoverable direct losses caused by established fraudulent or deliberately dishonest conduct; and
and reporting suspected fraud to payment providers, law enforcement or relevant authorities.

Where fraud or dishonest conduct is established, we may seek recovery of reasonable costs and losses suffered by us, including:

the full cost of the goods and shipping;
return-to-sender fees;
any other direct losses reasonably suffered by us.

We take fraud and abuse seriously and will always act to protect our business, our customers and our staff.

Making a complaint, exercising a statutory right, disputing liability or requesting a refund will not by itself be treated as abuse.

SECTION 23 – CHARGEBACK MISUSE POLICY

We encourage customers to contact us before raising a payment dispute so that we have an opportunity to investigate and resolve the matter. This does not restrict any right you may have to contact your card issuer, payment provider or other relevant body.

We may contest a chargeback or payment dispute where we reasonably believe the transaction was authorised, the goods were supplied, a refund has already been issued, or the claim is otherwise inaccurate. We may provide relevant evidence to the payment provider, including order records, tracking information, delivery evidence and correspondence.

Knowingly providing materially false information to obtain both the goods and a refund may constitute fraud. Where deliberate dishonesty is established, we may restrict future orders and seek recovery of actual, reasonable and legally recoverable losses.

Making a chargeback or payment dispute in good faith will not, by itself, be treated as fraud or abuse. Nothing in this section affects your statutory rights.

SECTION 24 – SEASONAL, WEATHER-DEPENDENT & USAGE DISCLAIMERS

Many of the products we supply, including seeds, lawn treatments, fertilisers and garden care items, are seasonal or weather-dependent. By purchasing from us, you acknowledge and agree that:

product performance may vary based on environmental factors such as temperature, rainfall, soil conditions, soil preparation, climate, lawn condition, storage, handling, time of year and correct usage;

it is your responsibility to read and follow all instructions, guidance, storage requirements and usage timings provided on our website and product packaging;

we are not responsible for reduced or unsatisfactory results caused by weather conditions, incorrect application, unsuitable soil, misuse, over-application, under-application, improper storage, failure to follow instructions, or other factors outside our reasonable control; and

we do not guarantee results where conditions are outside our control, including drought, frost, excessive rainfall, heatwaves, pest activity, disease pressure or inappropriate seasonal timing.

For seeds, germination rates are dependent on factors including:

soil temperature;
moisture levels;
light exposure;
timing of sowing;
wildlife or pest interference; and
proper soil preparation.

Results may differ between customers due to natural variations and environmental conditions.

Nothing in this section affects your statutory rights in relation to faulty goods or goods that are not as described.