Theme Garden Terms and Conditions

1. Application

These Terms and Conditions will apply to the purchase of the Service, by you (the Customer or you) from Theme Garden Ltd of 49 Whitegate Drive, Blackpool, FY3 9DG incorporated in England with the registration number 12341234and the email address info@themegarden.co.uk (the Supplier or us or we).

These are the terms on which we sell the Service to you. By ordering the Service, you agree to be bound by these Terms and Conditions.

2. Definitions and Interpretation

In these Conditions the following definitions apply:

Business Day	means a day other than a Saturday, Sunday or bank or public holiday when banks generally are open for non-automated business in England.
Conditions	means the Supplier’s terms and conditions of sale set out in this document.
Confidential Information	means all information of confidential nature disclosed in whatever form by the Customer to the Supplier.
Contract	means the agreement between the Supplier and the Customer for the sale and purchase of the Service incorporating these Conditions.
Customer	means the person who purchases from the Supplier and whose details are set out in these Conditions.
Delivery Address	means the address the Order will be delivered to.
Delivery Company	means the company who will deliver the Order to the Customer.
Delivery Date	means the date the Order will be delivered.
Force Majeure	means an event or sequence of events beyond a party’s reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster; epidemic or pandemic; war, riot or civil unrest; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required for performance of the Contract; strike, lockout or boycott or other industrial action including strikes or other industrial disputes involving the Supplier’s or its suppliers’ workforce, but excluding the Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay.
Order	means the Customer’s order
Goods	means the goods which the Customer can purchase
Personal Information	means any information relating to a living individual who can be identified, directly or indirectly, in particular by reference to: (a) an identifier such as a name, an identification number, location data or an online identifier, or (b) one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.
Price	means the total amount payable
Supplier	means the person who sells to the Customer and whose details are set out in these Conditions.
Website	means the Supplier’s website: www.themegarden.co.uk

 

3. Order

3.1 The Customer pays 100% of the Price at time of Order.

3.2.1 is the Customer’s acceptance of these Conditions; and

3.2.2 guarantees Delivery.

4. Payment

4.1 Card Payment and PayPal Payment is acceptable.

4.2 The Order will not be delivered until all payments have been received in full.

4.3 Where payment is to be made by a third party, the Customer acknowledges that they shall remain responsible for any balance outstanding in respect of the Contract.

5. Delivery

5.1 The Order will be delivered in accordance with Order.

5.2 Delivery will be deemed to have been successful if the Customer fails to notify the Supplier of no delivery within 1 Business Day.

6. Goods

6.1 The risk arising from damage to, or loss of, the Goods will pass to you when the Goods are delivered.

6.2 Title to the Goods shall pass to the Customer once the Supplier has received payment in full and in cleared funds for all Goods under all Orders.

6.3 The Supplier warrants that the Goods shall:

6.3.1 conform in all material respects to the Order; and

6.3.2 be of a satisfactory quality.

6.4 The Customer may return any Goods that do not comply with the warranties specified in clause 7.3 above on the condition that the Customer must first send an e-mail to info@themegarden.co.uk with:

6.4.1 a copy of the Order;

6.4.2 the Customer’s contact telephone number;

7.4.3 the Customer’s reasons for returning the Goods.

7.5 The Customer should send Goods to be returned to the Return Address.

7.6 Returns are to be paid for by the Customer.

8. Liability

8.1 The Supplier does not exclude liability for:

8.1.1 any fraudulent act or omission;

8.1.2 for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations;

8.2 The Supplier will maintain Public and Product Liability Insurance to this effect.

9. Confidentiality

9.1 The Supplier will:

9.1.1 keep the Confidential Information confidential at all times;

9.1.2 not disclose the Confidential Information or allow it to be disclosed in whole or in part to any third party without the Customer’s prior consent;

9.1.3 take proper and all reasonable measures to ensure the confidentiality of the Confidential Information; and

9.1.4 not use the Confidential Information in whole or in part for any purpose except for what is required to provide the Service.

10. Privacy

The Supplier agrees to respect the Customer’s privacy and comply with the General Data Protection Regulations with regards to Personal Information.

11. Intellectual Property

11.1 The Intellectual Property Rights in the Order are retained by the Companies.

11.2 The Companies do not sponsor, authorise or endorse the Website.

12. Termination

12.1 The Supplier may terminate the Contract or any other contract which it has with the Customer at any time by giving notice in writing to the Customer if:

12.1.1 the Customer commits a material breach of the Contract and such breach is not remediable;

12.1.2 the Customer commits a material breach of the Contract which is not remedied within 14 Business Days of receiving written notice of such breach;

12.1.3 any consent, licence or authorisation held by the Supplier is revoked or modified such that the Supplier is no longer able to comply with its obligations under the Contract or receive any benefit to which it is entitled.

13. Entire agreement

13.1 The parties agree that the Contract constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.

13.2 Each party acknowledges that it has not entered into the Contract or any documents entered into pursuant to it in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Contract. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract.

13.3 Nothing in these Conditions purports to limit or exclude any liability for fraud.

14. Variation

No variation of the Contract shall be valid or effective unless it is in writing, refers to the Contract and is duly signed by, or on behalf of, the Supplier.

15. Severance

If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Contract shall not be affected.

16. Conflicts within contract

If there is a conflict between the terms contained in these Conditions, the terms of these Conditions shall prevail.

17. Governing law

The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.

18. Jurisdiction

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).

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Please contact Theme Garden Limited if you have any questions regarding our terms and conditions.