SCOTT’S SERVICES LIMTED TERMS AND CONDITIONS
1. INTRODUCTION
1.1. This document (together with any documents referred to in it) tells
you the terms and conditions upon which we sell and supply the goods (being any one or more of them)
(the Goods) listed on this website (the ‘Website’) to you.
1.2. Before confirming your order please:
1.2.1. Read through these terms and conditions (the ‘Conditions’) and in
particular our cancellations and returns policy at clause 12. and
limitation of our liability and your indemnity at clause 16.
1.2.2. Print a copy for future reference.
1.2.3. Read our privacy policy [click here] regarding your personal information.
1.3. By ordering any of the Goods listed on this Website, you agree that you are deemed to have read them and understood their implications (whether or not you have read them) agree to
be legally bound by these Conditions. You will be unable to proceed with
your purchase if you do not accept the Conditions as may be
modified or amended and posted on this Website from time to time.
1.4. We reserve the right to revise and amend the Website and the Conditions and our disclaimers without giving you any notice of the same. Your
continued use of the Website (or any part thereof) following a change
shall be deemed to be your acceptance of such change. It is your
responsibility to check regularly to determine whether we have changed
these Conditions.
1.5 These Conditions in particular (but not limited) to those relating to Price, Payment, Order Process and Formation of Contract, Delivery, Risk and Title, Buyer’s Default, Complaints, Liability and Indemnity, Force Majeure and Governing Law and Jurisdiction apply to any sale conducted on our premises or over the telephone.
2. ABOUT US
2.1. This Website is owned and operated by Scott’s Services
Ltd. (hereinafter referred to as “we” or “us”)
3. COMMUNICATIONS
3.1. You agree that email and other electronic communication such as SMS text messages can be
used as the sole means of communication (unless we inform you otherwise) and acknowledge that all contracts, notices, information and other communications that we provide
to you electronically comply with any legal requirement that such
communications be in writing.
3.2. We will contact you by email or SMS text message or provide you with information by
posting notices on our Website.
3.3 Some phone calls may be recorded for quality and training purposes
and to help us to improve the service we offer our customers.
4. OVERSEAS ORDERS
4.1. Our Website is only intended for use by customers resident in
England, Wales, Scotland and Northern Ireland (the United Kingdom).
5. REGISTRATION
5.1. When registering on the Website you must choose a username and
password. You are responsible for all actions taken under your chosen
username and password whether or not undertaken by you.
5.2. By registering on the Website you undertake and confirm:
5.2.1. That all the details you provide to us for the purpose of
registering on the Website and purchasing the Goods are true, accurate,
current and complete in all respects
5.2.2. To notify us immediately of any changes to the information
provided on registration or to your personal information and you agree we are not responsible for any losses you may suffer as a result of your having provided incorrect details or failing to update us with any new details.
5.2.3. That you are over 18 or if under 18 you have a parent or
guardian’s permission to register with and purchase the Goods from this
Website in conjunction with and under their supervision
5.2.4. To only use the Website using your own username and password
5.2.5. To make every effort to keep your password safe
5.2.6. Not to disclose your password to anyone
5.2.7. To change your password immediately upon discovering that it has
been compromised and inform us immediately of any compromise
5.2.8. To neither transfer or sell your username or password to anyone,
nor permit or suffer, either directly or indirectly, anyone other than you to use
them
5.3. You authorise us to transmit your name, address and other personal
information supplied by you (including updated information) to obtain
information from third parties about you, including, but not limited to,
credit reports and so that we may authenticate your identity
5.4. We reserve the right to terminate an agreement formed with you
pursuant to clause 9. below and to suspend or terminate your access to
the Website immediately and without notice to you if:
5.4.1. You fail to make any payment to us when due whether formally demanded or not
5.4.2. You make any breach whatsoever of these Conditions
5.4.3. We believe or suspect you are impersonating any other person or entity
5.4.4. When requested by us to do so, you fail to provide us within a
reasonable time (what is reasonable to be determined solely by us) with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your
identity
5.4.5. We suspect you have engaged, or are about to engage, or have in
anyway been involved, in fraudulent or illegal activity on the Website or otherwise in connection with your dealings with us.
6. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
6.1. To be eligible to purchase the Goods on this Website and lawfully
enter into and form contracts with us, you must:
6.1.1. Be 18 years of age or over
6.1.2. Be legally capable of entering into a binding contract in accordance with the laws of England and Wales
6.1.3. Provide full details of a delivery address in the United Kingdom
6.2. If you are under 18, you may only use the Website in conjunction
with, and under the supervision of, a parent or guardian. If you do not
qualify, you must not use our Website
7. PRICE
7.1. The prices of the Goods are quoted on the Website or in our literature which we provide to you. In addition prices for Goods not shown on the Website or confirmations can be obtained directly from us by email, telephone call, SMS text message request or in person at our trade premises.
7.2. Prices for delivery are quoted for normal (not express) delivery in the United Kingdom
unless otherwise specified. Express delivery can be quoted for upon request on the Website
7.3. Unless otherwise stated, the prices quoted exclude VAT and delivery
costs. The delivery costs will be added to the total amount due from you
at their current rate. Details of our delivery charges can be located on
our Website.
7.4. We reserve the right, by giving notice to you at any time before
delivery or performance of our obligations to you, to increase the price
of the Goods to reflect any increase in the cost to us due to any factor
beyond our control (such as without limitation, any foreign exchange
fluctuation, significant increase in the costs of labour, transport, materials or
other costs of manufacture). In the unlikely event of this occurring,
you shall be entitled to cancel the order at any time before delivery.
8. PAYMENT
8.1. Payment can be made by any major prepay, credit or debit card or
through an electronic payment account as explained on the order form.
8.2. By placing an order, you consent to payment being charged to your
prepay/debit/credit card account or electronic payment account as
provided on the order form.
8.3. Payment will be debited and cleared from your account and cleared into our account before the
dispatch of the Goods to you.
8.4. When you pay for your order by card, we carry out certain checks
which include obtaining authorisation from your card issuer to ensure
you have adequate funds and for security reasons. This will, amongst other things, involve
validating your name, address and other personal information supplied by
you during the order process against appropriate third party databases
including the card issuer, registered credit reference agencies and
fraud prevention agencies.
8.5. By accepting these Conditions, you:
8.5.1. Undertake that all the details you provide to us for the purpose
of purchasing the Goods are correct and up to date and that the payment card you are
using is your own and that there are sufficient funds to cover the cost
of the Goods ordered.
8.5.2. Undertake that any and all Goods ordered by you are for your own
use only and not for resale.
8.5.3. Authorise us to transmit the payment and delivery information
provided by you during the order process (included any updated
information) for the purpose of obtaining authorisation from your card
issuer to ensure you have adequate funds, to authenticate your identity,
to validate your payment card and for other security reasons, such as
fraud prevention.
8.6. We shall contact you should any problems occur with the
authorisation of your card.
8.7. We will take all reasonable care, in so far as it is in our power
to do so, to keep the details of your order and payment secure, but in
the absence of negligence on our part, we cannot be held liable for any
loss you may suffer if a third party procures unauthorised access to any
data you provide when accessing or ordering from our Website.
9. ORDER PROCESS AND FORMATION OF A CONTRACT
9.1. All orders are subject to acceptance and availability. If any Goods
ordered are not available, you will be notified by email and you will
have the option either to wait until the item is available or to cancel
your order. It is your responsibility to provide us with a valid email
address so that we can contact you if necessary.
9.2. Any order placed by you constitutes an offer to purchase the Goods
from us. All such offers received from you are subject to acceptance by
us and we reserve the right to refuse any order placed by you at any
time prior to acceptance, without providing an explanation.
9.3. You shall be responsible for ensuring the accuracy of the details
provided by you during the order process and we will not accept an order
unless all details requested from you have been entered correctly.
9.4. You agree that if we contact you to acknowledge receipt of your
order such communication shall not amount to our acceptance of your
offer to purchase the Goods ordered by you from the Website.
9.5. A contract between you and us (the ‘Contract’) incorporating these
Conditions will only subsist after we have debited your payment card and
have confirmed that we have dispatched the Goods or made them available
to be downloaded. We will send you an email to confirm this (a
‘Confirmation Notice’). The Confirmation Notice will amount to an
acceptance of your offer to buy the Goods from us. The Contract will
only be formed when we send you the Confirmation Notice (whether or not
you receive it).
9.6. Where we agree to supply Goods to you permanently or on an on-going
(continuous) basis, such as by subscription, they shall be provided for
a minimum fixed period of time (the ‘Minimum Duration’). The length of
the Minimum Duration will depend on which package or product you have
selected to purchase and is provided on the Website.
9.7. The Contract will relate only to the Goods stated in the
Confirmation Notice. We will not be obliged to supply any other Goods
which may have been part of your order until we have sent you a separate
Confirmation Notice relating to it.
9.8. You must check that the details contained in the Confirmation
Notice are correct and you should print out and keep a copy of it.
9.9. You will be subject to the version of our policies and Conditions
in force at the time that you order the Goods from us, unless:
9.9.1. Any change to those policies or these Conditions is required to
be made by law or governmental authority.
9.9.2. We notify you of any change to our policies or these Conditions
before we send you the Confirmation Notice, in which case, we are
entitled to assume that you have accepted it, unless we receive written
notification from you to the contrary within five working days of
receipt of the Confirmation Notice.
Any natural stone or natural timber product will be subject to
variations of colour, texture, finish, size & thickness all of which is
part of the natural production process.
You must confirm in writing any samples provided by us that are to be used for Bespoke orders.
You must confirm the finish required to any natural stone or
natural wood product, this will exclude any varnishing or painting
works.
Factory or onsite pre-sealing is highly recommended on all-natural
stone products.
You agree we will NOT be held liable for any installation
practices or discoloration using any products we have provided.
Bespoke orders once in production cannot be cancelled. We will NOT be held liable for any cancellations made after receipt of payment. Any changes to any Bespoke orders must be in
writing and any additional charges paid for prior to delivery of Goods.
You are solely liable for ensuring all sizes, quantities and colours
are correct.
10. DELIVERY
10.1. The Goods will be delivered to you at the address you provided
during the order process which may be an address other than the billing
address, but please note that extra documentation may be needed to
comply with such orders.
10.2. We employ professional carriers. Nevertheless, you must examine
the Goods on arrival. If you are asked for your signature on delivery,
you must examine the Goods before signing for them.
10.3. All Goods must be signed for by an adult aged 18 years or over on
delivery.
10.4. Any dates quoted for delivering the Goods are approximate only. If
no date is specified then it will take place within 30 days or a
reasonable time of the date of the Confirmation Notice, unless there are
exceptional circumstances.
10.5. We shall not be liable for any delay in delivering the Goods,
however caused.
10.6. We shall not be liable to you for any pure economic loss,
loss of profit, loss of business, depletion of goodwill or otherwise, in
each case whether direct, indirect or consequential, or any claims for
consequential compensation whatsoever (howsoever caused) which arise out
of or in connection with the Contract.
10.7. We shall not be liable for any damage caused by a delivery partner
or agent.
10.8. The Goods may be sent to you in instalments.
10.9. For Christmas or urgently required or time critical deliveries, we recommend that you check our Website for the last date of delivery/delivery times. We will endeavour to dispatch all Goods
that are in stock within 72 hours. However, we cannot guarantee delivery
by 24th December in respect of Christmas deliveries.
10.10. We shall arrange for delivery to site on the
understanding that there is a suitable road to the point where delivery
is requested. If no such road exists delivery will be made to the
nearest point to which, in the opinion of the driver, the vehicle may
safely proceed and unload. Except for the use of a vehicle mounted
crane, you will provide all necessary labour and equipment
required to unload the Goods promptly and will indemnify us
against any cost claim or damage arising from unloading. If re delivery
is required please note cause 10.16 as additional charges will apply, otherwise the conditions in this clause 10 will apply to any re-delivery.
10.11. A signature on the delivery note constitutes that all materials
have been received. It is the responsibility of the buyer to ensure that
all goods have been checked and any damages noted to us within
24 hours or the goods are deemed accepted by you.
10.12. Delivery will only be arranged to destinations within mainland
UK. Those postcodes not covered are highlighted in the delivery section
accessed from the home page.
*There may be occasions when circumstances outside our control
will result in the delivery date having to be changed.
10.13 Delivery will occur when the Goods are ready for unloading at the
place specified in the Contract or as subsequently agreed in writing by
us.
10.14 Any dates specified by the us for delivery of the Goods are
intended to be an estimate and time for delivery shall not be made of
the essence by notice. If no dates are so specified, delivery shall be
within a reasonable time.
10.15 Please note delivery prices are as accurate as possible at time of
ordering, however this cost may be subject to change at any time due to
weight/volume, fuel surcharges & location. The administration team will
contact you should any issue arise concerning delivery charges. Contact
us for more information.
10.16 PLEASE ENSURE YOU ADVISE US AT THE CHECKOUT PROCESS ABOUT ANY
ACCESS RESTIRCTIONS AS FAILED DELIVERIES WILL BE SUBJECT TO A RECHARGE.
11. RISK AND TITLE
11.1. The Goods will be at your risk from the time of delivery.
11.2. Ownership of and title to the Goods will only pass to you when we receive full
payment of all sums due in respect of them including the cost of
delivery.
12. BUYERS DEFAULT
12.1 In the event of the you failing to accept deliveries or failing
to pay for the storage of the material (whichever is its duty under the
contract) by the last day of the contract period otherwise than as a
result of force majeure, the quantity not delivered against the mean
contract quantity shall be deemed in default.
12.2 in case of default under 12.1 above we may sell the goods at the market price for your account and may charge rent, interest on any other reasonable expenses and deduct
these from any sum so realised prior to paying any balance over to or
claiming from you: or
12.3 We may also claim damages to be settled by arbitration, such damages not to
exceed the differences between the contract price and the market price
on the day of default, this being the day after the last day on which
the contract could have been performed.
13. COMPLAINTS
13.1. If you have a comment, concern or complaint about any Goods you
have purchased from us, please contact us via our contact form on the
website or by email at
info@scotts-supplies.co.uk.
14. INTELLECTUAL PROPERTY
14.1. The content of the Website is protected by copyright (including
design copyrights), trade marks, patent, database and other intellectual
property rights and similar proprietary rights which include, (without
limitation), all rights in materials, works, techniques, computer
programs, source codes, data, technical information, trading business
brand names, goodwill, service marks utility models, semi-conductor
topography rights, the style or presentation of the goods or services,
creations, inventions or improvements upon or additions to an invention,
confidential information, know-how and any research effort relating to
scotts-gardens.co.uk moral rights and any similar rights in
any country (whether registered or unregistered and including
applications for and the right to apply for them in any part of the
world) and you acknowledge that the intellectual property rights in the
material and content supplied as part of the Website shall remain with
us or our licensors.
14.2. You may download or copy the content and other downloadable items
displayed on the Website subject to the condition that the material may
only be used for personal non-commercial purposes. Copying or storing
the contents of the Website for other than personal use is expressly
prohibited.
14.3. You may retrieve and display the content of the Website on a
computer screen, store such content in electronic form on disk (but not
any server or other storage device connected to a network) or print one
copy of such content for your own personal, non-commercial use, provided
you keep intact all and any copyright and proprietary notices. You may
not otherwise reproduce, modify, copy or distribute or use for
commercial purposes any of the materials or content on the Website.
14.4. You acknowledge that any other use of the material and content of
this Website is strictly prohibited and you agree not to, and agree not
to permit, suffer, assist or facilitate any third party to, copy, reproduce, transmit,
publish, display, distribute, commercially exploit or create derivative
works from such material and content.
14.5. No licence is granted to you in these Conditions to use any of our
trade marks or those of our affiliated companies.
14.6. Goods sold by us and Website content may be subject to copyright,
trade mark or other intellectual property rights in favour of third
parties. We acknowledge those rights.
15. WEBSITE USE
15.1. You are permitted to use the Website and the material contained in
it only as expressly authorised by us under our terms of use.
16. LIABILITY AND INDEMNITY
16.1. Notwithstanding any other provision in the Conditions, nothing
will affect or limit your statutory rights; or will exclude or limit our
liability for:
16.1.1. Death or personal injury resulting from our negligence
16.1.2. Fraud or fraudulent misrepresentation by us
16.1.3. Action pursuant to section 2(3) of the Consumer Protection Act
1987
16.1.4. Any matter for which it would be unlawful for us to exclude or
attempt to exclude our liability
16.2. The Website is provided on an ‘as is’ and ‘as available’ basis
without any representation or endorsement made and we make no warranties
or guarantees, whether express or implied, statutory or otherwise
(unless otherwise expressly stated in these Conditions or required by
law) in relation to the information, materials, content or services
found or offered on the Website for any particular purpose or any
transaction that may be conducted on or through the Website including
but not limited to, implied warranties of non-infringement,
compatibility, timeliness, performance, security, accuracy, condition or
completeness, or any implied warranty arising from course of dealing or
usage or trade custom.
16.3. We will not be liable if the Website is unavailable at any time
16.4. We make no representation or warranty of any kind express or
implied statutory or otherwise regarding the availability of the Website
or that it will be timely or error-free, that defects will be corrected,
or that the Website or the server that makes it available are free of
viruses or bugs.
16.5. We will not be responsible or liable to you for any loss of
content or material uploaded or transmitted through the Website and we
accept no liability of any kind for any loss or damage resulting from
action taken in reliance on material or information contained on the
Website
16.6. We cannot guarantee and cannot be responsible for the security or
privacy of the Website and any information provided by you. You must
bear all risks associated with the use of the internet. In particular, we
will not be liable for any damage or loss caused by a distributed
denial-of-service attack, any viruses trojans, worms, logic bombs,
keystroke loggers, spyware, adware or other material which is malicious
or technologically and/or financially harmful that may infect your computer, peripheral
computer equipment, computer programs, data or other proprietary
material as a result of your use of the Website or you downloading any
material posted or sold on the Website or from any website linked to it.
16.7. We will use all reasonable endeavours to carry out our obligations
within a reasonable period of time but will not be liable to you for any
loss, costs, claims demands proceedings or expenses arising directly or indirectly from any delays
in doing so.
16.8. We will not be liable, in contract or tort (including, without
limitation, negligence), or in respect of pre-contract or other
representations (other than fraudulent misrepresentations) or otherwise
for:
16.8.1. any economic losses (including without limitation loss of
revenues, profits, contracts, business or anticipated savings and any
other consequential loss or pure economic loss); or
16.8.2. any loss of goodwill or reputation; or
16.8.3. any special or indirect losses; or
16.8.4. any loss of data; or
16.8.5. wasted management or office time; or
16.8.6. any other loss or damage of any kind suffered or incurred
arising out of or in connection with the provision of any matter whatsoever under
these Conditions and/or the Contract and/or the use of this Website or
any aspect related to your purchase of the Goods even if such losses are
foreseeable or result from a deliberate breach of these Conditions by us
that would entitle you to terminate the Contract between us or as a
result of any action we have taken in response to your breach of these
Conditions. Without prejudice to the terms of this clause and in the
event that we are unable to rely upon it, our liability for all and any
losses you suffer as a result of us breaking the Contract, whether or
not deliberate, including those listed in clauses 16.8.1. to 16.8.6. you agree, is strictly limited to the purchase price of the Goods you purchased.
16.9. You agree to fully indemnify, defend and hold us, and our
officers, directors, employees and suppliers, harmless immediately on
demand, from and against all claims, including but not limited to losses
(including loss of profit, revenue, goodwill or reputation), costs, claims, demands, proceedings and
expenses, including reasonable administrative and legal costs, arising
out of any breach of these Conditions by you, or any other liabilities
arising out of your use of this Website or any other person accessing
the Website using your personal information with your authority.
16.10. This clause does not affect your statutory rights as a consumer,
nor does it affect your contractual cancellation rights.
17. REVIEWS
17.1. You acknowledge that any review, feedback or rating which you
leave may be published by us on the Website and you agree that it may be
displayed for as long as we consider appropriate and that the content
may be syndicated to our other websites, publications or marketing
materials without any consent from you or remuneration to you.
17.2. You undertake that any review, feedback or rating that you write
shall:
17.2.1. Comply with applicable law in the UK and the law in any country
from which it is posted
17.2.2. Be factually accurate
17.2.3. Contain genuinely held opinions (where applicable)
17.2.4. Not contain any material which is either defamatory, libellous,
threatening, obscene, abusive, offensive, hateful, inflammatory or is
likely to harass, upset, annoy, alarm, embarrass or invade the privacy
of, any person or be deceiving or misleading whether intentionally or recklessly
17.2.5. Not promote or advocate any unlawful act or activity,
discrimination, contain sexually explicit material or violence
17.2.6. Not infringe any trademark, copyright (including design rights),
database right, or other intellectual property rights of any other
person or breach of any legal duty you owe to a third party
17.2.7. Not be used to impersonate any person, or to misrepresent your
identity
17.3. You agree to indemnify and hold us harmless against any claim or
action brought by third parties, arising out of or in connection with
any review, feedback or rating posted by you on the Website, including,
without limitation, the violation of their privacy, defamatory or libellous
statements or infringement of intellectual property rights
17.4. You grant us and our affiliate companies a non-exclusive,
royalty-free worldwide license to use or edit any reviews posted by you
17.5. We reserve the right to publish, edit or remove any reviews
without notifying you or giving any reason to you.
18. FORCE MAJEURE
18.1. We shall have no liability for delays or failures in delivery or
performance of our obligations to you resulting from any act, events,
omissions, failures or accidents that are outside of our control (‘Force
Majeure’), which, without limitation, include:
18.1.1. Strikes, lock-outs or other industrial action
18.1.2. Shortages of labour, fuel, power, raw materials
18.1.3. Late, defective performance or non-performance by suppliers
18.1.4. Private or public telecommunication, computer network failures
or breakdown of equipment
18.1.5. Civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or preparation
for war
18.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic
or other natural disaster or extreme weather conditions
18.1.7. Impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport
18.1.8. Acts, decrees, legislation, regulations or restrictions of any
government
18.1.9. Other causes, beyond our reasonable control
18.1.10. Damage caused to property by our delivery partners/agents.
18.1.11. Any delay, damage, costs or losses caused directly or indirectly by any disease outbreak or pandemic as stated by the government of the United Kingdom and/or the World Health Organisation as so being
18.2. Our performance will be deemed to be suspended for the period that
the event of Force Majeure continues, and we will have an extension of
time for performance for the duration of that period. We will use our
reasonable endeavours to minimise any delay caused by Force Majeure or
to find a solution by which our obligations may be performed despite the
Force Majeure event. We shall promptly notify you of any Force Majeure
event giving details of it and (where possible) the extent and likely
duration of any delay
18.3. Where the period of non-performance or delay in relation to any
event of Force Majeure exceeds 30 days from the date of notice to you of
the event of Force Majeure, either you or us may, by written notice to
the other, terminate the Contract with immediate effect upon service
19. PRIVACY POLICY
19.1. In order to monitor and improve customer service, we sometimes
record telephone calls.
19.2. We shall be entitled to process your data in accordance with the
terms of our Privacy Policy. Please view this document for further
information. All information provided by you will be treated securely
and in accordance with the Data Protection Act 1998 (as amended).
19.3. You can find full details of our Privacy Policy on the Website.
20. THIRD PARTY RIGHTS
20.1. Except for our affiliates, directors, employees or
representatives, a person who is not a party to the Contract has no
right under the Contracts (Rights of Third Parties) Act 1999 to enforce
any term of the Contract but this does not affect any right or remedy of
a third party that exists or is available apart from that Act.
21. EXTERNAL LINKS
21.1. To provide increased value and convenience to our users, we may
provide links to other websites or resources for you to access at your
sole discretion and risk. You acknowledge and agree that, as you have
chosen to enter the linked website we are not responsible for the
availability of such external sites or resources, and do not review or
endorse and are not responsible or liable in any way, whether directly
or indirectly, for:
21.1.1. The privacy practices of such websites
21.1.2. The content of such websites, including (without limitation) any
advertising, content, products, goods or other materials or services on
or available from such websites or resources
21.1.3. The use which others make of these websites;
21.1.4 Any viruses trojans, worms, logic bombs,
keystroke loggers, spyware, adware or other material which is malicious
or technologically and/or financially harmful that may infect your computer, peripheral
computer equipment, computer programs, data or other proprietary
material as a result of your use of the linked website;or
21.1.5. Any damage, loss or offence caused or alleged to be caused to
you, arising from or in connection with the use of or reliance upon any
such advertising, content, products, goods, materials or services
available on and/or purchased by you from such external websites or
resources
22. LINKING TO THE WEBSITE
22.1. You must not create a link to the Website from another website,
document or any other source without first obtaining our prior written
consent
22.2. Any agreed link must be:
22.2.1. To the Website’s homepage
22.2.2. Established from a website or document that is owned by you and
does not contain content that is offensive, controversial, infringes
any intellectual property rights or other rights of any other person or
does not comply in any way with the law in the UK and the law in any
country from which they are hosted
22.2.3. Provided in such a way that is fair and legal and does not
damage our reputation or take advantage of it
22.2.4. Established in such a way that does not suggest any form of
association, approval or endorsement on our part where none exists
22.3. We have no obligation to inform you if the address of the Website
home page changes and it is your responsibility to ensure that any link
you provide to our homepage is at all times accurate
22.4. We reserve the right to withdraw our consent without notice and
without providing any reasons for withdrawal. Upon receiving such notice
you must immediately remove the link and inform us once this has been
done
22.5 You guarantee that any link created by you to the Webiste will be free from , any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically and/or financially harmful that may infect your computer, peripheral
computer equipment, computer programs, data or other proprietary material and indemnify us and save is harmless from any costs, losses, claims, demands and proceedings incurred by us as a direct or indirect result of the link created by you containing any such matter or the like
23. NOTICES
23.1. All notices given by you to us must be given to us by using
info@scotts-supplies.co.uk We may give notice as described in
clause 3.
23.2. Notice will be deemed received and properly served immediately
when posted on our Website, 24 hours after an email is sent, or two
days after the date of posting of any letter. In proving the service of
any notice, it will be sufficient to prove, in the case of a letter,
that such letter was properly addressed, stamped and placed in the post to the last address we have for you and, in the case of an email, that such email was sent to the specified
email address of the addressee.
24. ENTIRE AGREEMENT
24.1. The Contract represents the entire agreement between us in
relation to the subject matter of the Contract and supersede any prior
agreement, understanding or arrangement between us, whether oral or in
writing.
24.2. We each acknowledge that, in entering into a Contract, neither of
us has relied on any express or implied representation, undertaking or
promise given by the other from anything said or written in any
negotiations between us prior to such Contract except as has been
expressly incorporated in such Contract.
24.3. Neither of us shall have any remedy in respect of any untrue
statement made by the other, whether orally or in writing, prior to the
date of any Contract (unless such untrue statement was made
fraudulently) and the other party’s only remedy shall be for breach of
contract as provided in these Conditions.
25. GENERAL
25.1. We reserve the right to change the domain address of this Website
and any services, products, product prices, product specifications and
availability at any time.
25.2. All prices and descriptions supersede all previous publications.
All product descriptions are approximate.
25.3. Every effort is made to keep information regarding stock
availability on the Website up to date. However, we do not guarantee
that this is the case, or that stock will always be available.
25.4. If any provision of these terms and conditions is held by any
competent authority to be invalid or unenforceable in whole or in part,
the validity of the other provisions of the Contract and the remainder
of the provision in question will not be affected.
25.5. All Contracts are concluded and available in English only.
25.6. If we fail, at any time during the term of a Contract, to insist
upon strict performance of any of your obligations under it or any of
these terms and conditions, or if we fail to exercise any of the rights
or remedies to which we are entitled under the Contract, this shall not
constitute a waiver of such rights or remedies and shall not relieve you
from compliance with your obligations.
25.7. A waiver by us of any default shall not constitute a waiver of any
subsequent default.
25.8. No waiver by us of any of these Conditions or of any other term of
a Contract shall be effective unless it is expressly stated to be a
waiver and is communicated to you in writing in accordance with clause
3.
25.9. Any Contract between you and us is binding on you and us and on
our respective successors and assigns. You may not transfer, assign,
charge or otherwise dispose of the Contract, or any of your rights or
obligations arising under it, without our prior written consent. We may
transfer, assign, charge, sub-contract or otherwise dispose of a
Contract, or any of our rights or obligations arising under it, at any
time during the term of the Contract.
26. GOVERNING LAW AND JURISDICTION
26.1. The Website is controlled and operated in the United Kingdom.
26.2. Every purchase you make shall be deemed performed in England and
Wales and subject to the laws of England and Wales.
26.3. The Conditions and any Contract brought into being as a result of
usage of this Website will be governed by the laws of England and Wales
and you irrevocably agree to submit to the exclusive jurisdiction of the
courts of England and Wales.
