Terms and conditions

Welcome to the www.ruxley-manor.co.uk website terms and conditions for use. These terms and conditions apply to the use of this website and by accessing this website and/or placing an order, you agree to be bound by the terms and conditions set out below.

1. Format of the Contract

1.1 These terms of sale apply to all goods supplied by Ruxley Manor Garden Centre, Maidstone Road, Sidcup, Kent DA14 5BQ ( “Ruxley Manor Garden Centre” ). In these terms “you” and “your” as appropriate refer to you as the buyer and “us”, “our” and “we” refer to Ruxley Manor Garden Centre as the seller,. “Days” refers to working days, being Monday to Friday inclusive, exclusive of bank holidays, unless otherwise stated.

1.2 Ruxley Manor Garden Centre is pleased to accept orders subject to these terms and conditions for use ( the “Terms” ). Your use of the Ruxley Manor Garden Centre trading website and purchase of the products (or services) (“Products”) on it means that you agree to the Terms. Please read the Terms carefully before placing your order. We would advise you to retain a copy of them for you future reference. Please also note that we reserve the right to update these Terms of use without notice to you in relation to future sales. You should therefore check this page on a regular basis.

1.3 No contract exists between you and Ruxley Manor Garden Centre for the sale of any Products until we have received and accepted your order and we have received payment in full (in cleared funds). Once payment is received, there is a binding legal contract between us.

1.4 By way of clarification, an acknowledgement of your order will be sent to you via email when you place your order, but acceptance of your offer to buy the Products will not take place until after your payment is taken. It is at this point that a binding legal contract is created and any contract is subject to these Terms.

1.5 This contract is subject to your right of cancellation at law and as outlined in clauses 2.3, 2.4 and 4.4 below.

2. Description and price of the goods

2.1 The description and price of the goods you order will be as shown on Ruxley Manor Garden Centre’s website (www.ruxley-manor.co.uk) at the time you place your order. The price for each product is shown on this website in UK Sterling and includes VAT at 17.5% where appropriate. Ruxley Manor Garden Centre reserves the right to amend its prices to reflect any change in the applicable rate of VAT. Customs law requires that all applicable Duties and Taxes must be paid for shipments outside the EU. By placing an order with Ruxley Manor Garden Centre, you agree to pay the duties and taxes applied by Customs at the time of delivery.

2.2 Prices do not include charges for delivery. These will depend upon the overall weight of the consignment and are detailed in the section entitled ‘Delivery Information’.

2.3 The goods advertised on Ruxley Manor Garden Centre’s website are subject to availability. Whilst we give an indication of the delivery date, we do not accept any liability arising from late delivery, to the extent permitted by law. Where a product is out of stock, we will inform you as soon as possible and advise you of the earliest possible delivery date. Should you wish to cancel your order at this point, you must immediately send an email to webshop@ruxley-manor.co.uk stating your order number and that you wish to cancel your order. Should any amount be owing to you, Ruxley Manor Garden Centre will issue a refund or re-credit to you for any sum that has been paid by you or debited from your credit card for the goods.

2.4 Every effort is made to ensure that the prices shown on Ruxley Manor Garden Centre’s website are accurate at the time you place your order. However, the information posted on this website (including photographs and any descriptions of goods) may contain typographical errors and inaccuracies for which we shall accept no liability. If an error is discovered, Ruxley Manor Garden Centre will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If we do not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled automatically. If you cancel, Ruxley Manor Garden Centre will refund or re-credit you for any sum that has been paid by your or debited from your credit card for the goods.

3. Payment & Security

3.1 Payment for the goods and delivery charges can be made by any method shown on Ruxley Manor Garden Centre’s website at the time you place your order. Monies will not be taken from your account until the day of despatch.

3.2 No delivery will be made until cleared funds are received.

3.3 Payments shall be made by you without any deduction by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by Ruxley Manor Garden Centre to you.

3.4 We accept most major credit and debit cards in partnership with Protx.

3.5 To ensure that your online shopping experience is secure, your credit/debit card details will be encrypted on a secure server to minimise the possibility of someone being able to read them as they are sent over the Internet.

3.6 How does Ruxley Manor Garden Centre Protect Customer Information?

3.6.1 When you place orders or access your account information, we offer the use of a secure server.

3.6.2 For credit card transactions, Ruxley Manor Garden Centre adds security by using Secure Sockets Layers (SSL) technology, with 128 bit encryption. This means that the credit card information you send is encrypted by your computer, and then decrypted again on our side, preventing others from accessing your private information in between. So, when using an SSL capable browser, shopping on the Ruxley Manor Garden Centre web site is the safest kind of transaction possible with a credit card.

3.6.3 Furthermore, as required by the UK Data Protection Legislate, we follow strict security procedures in the storage and disclosure of information which you have given to us, to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you.

4. Delivery

4.1 The goods you order will be delivered to the address you give when you place your order. Deliveries are normally made between the hours of 8am to 6pm Monday to Friday.

4.2 Orders placed prior to 12.00pm (noon) on a working day will be processed that day and will be delivered, in most cases within 7 working days, provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)

4.2.1 Where on the website we have indicated items in stock, we shall endeavour but not guarantee to deliver the goods, once ordered within 7 working days.

4.2.2 It may be the case that if some items are not in stock, or the balance is not in stock, we shall inform you by your email address of the same, and advise you of the anticipated delivery date.

4.2.3 If delivery cannot be made to your address for reasons under Ruxley Manor Garden Centre’s control, we will inform you as soon as possible.

4.3 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under the control of Ruxley Manor Garden Centre), then without prejudice to any other right or remedy available to us, we may:

4.3.1 store the goods until the actual delivery and charge you for reasonable costs (including insurance) of storage: or

4.3.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.

4.4 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations we shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.

4.5 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, Ruxley Manor Garden Centre will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, we will inform you as soon as possible.

4.6 Time for delivery shall not be of the essence. The goods may be delivered by us in advance of the quoted delivery date.

4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.

4.8 When your order arrives you must check for damages and or shortages. Claims for damages and or shortages have to be made within 48 hours of receipt of your delivery. Claims for damages and or shortages made after 48 hours of your delivery arriving will be rejected. Time and date of delivery is recorded with our carriers.

5. Refund Policy

5.1 For refunds please refer to our separate Returns and Refunds Policy.

6. Warranty

6.1 All goods supplied by Ruxley Manor Garden Centre are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
6.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.
6.3 If the goods supplied to you are damaged on delivery, you should notify Ruxley Manor Garden Centre in writing via the email address: webshop@ruxley-manor.co.uk within 7 days. We will arrange for the goods to be collected and replaced within 7 days providing the goods are in stock. You must take reasonable care to ensure the goods are not damaged further in the meantime or in transit.
6.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify us in writing via the email address: webshop@ruxley-manor.co.uk as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint. We will arrange for the goods to be collected and replaced or fixed within 14 days providing the goods are in stock. You must take reasonable care to ensure the goods are not damaged further in the meantime or in transit.

7. Limitation of Liability

7.1 Ruxley Manor Garden Centre total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.

7.2 Nothing in these conditions excludes or limits the liability of Ruxley Manor Garden Centre for death or personal injury caused by Ruxley Manor Garden Centre’s negligence or fraudulent misrepresentation.

7.3 If you are a business customer Ruxley Manor Garden Centre shall not be liable to you for any indirect or consequential loss or damage (whether for loss or profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with this agreement.

7.4 Ruxley Manor Garden Centre’s liability for direct loss or damage arising from damage to tangible property for which Ruxley Manor Garden Centre is liable shall be limited to the VAT exclusive price of the relevant Product or Service in connection with which any claim for damage or loss is made.

7.5 The limitation on any exclusion from liability contained in these Conditions shall be subject to the provisions of section 2(1) of the Unfair Contract Terms Act 1977.

7.6 Ruxley Manor Garden Centre will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation internet outages, communications outages, fire, flood, war or act of God.

8. Data Protection & Privacy Policy

8.1 Ruxley Manor Garden Centre understands the value of privacy. We want you to enjoy your online shopping experience with us in the safe knowledge that we take every precaution to ensure your privacy is maintained

8.2 Ruxley Manor Garden Centre will take all reasonable precautions to keep the details of your order and payment secure but unless Ruxley Manor Garden Centre is negligent, we will not be liable for unauthorised access to information supplied by you.

8.3 If you have any questions about the handling or protection of your personal detail, or your rights under this Online Agreement or if you would like to unsubscribe from marketing material then please contact us by email on the email address: webshop@ruxley-manor.co.uk

8.4 Personal Details & Privacy
In order to fulfil any orders placed with Ruxley Manor Garden Centre we collect the following details:

• Your name
• Credit/Debit Card statement address and delivery address
• Telephone number
• Email address – to contact you with regard to the order or if you are subscribed to our newsletter
• A session ID to uniquely identify you on our site
• An IP address to monitor site traffic and volume

We collect demographic and personal data:

• To process your orders
• For statistical purposes to improve the website and the products we offer
• To notify you of products or special offers and price updates that may be of interest
• To provide a quick and convenient service to you in the future
• To provide you with a better Internet experience

8.5 Ruxley Manor Garden Centre does not disclose shopper information to third parties, with the exception of Protx who handle our credit card transactions and reputable distribution institutions such as the Royal Mail, Fastway Couriers, Palletways and Nightfreight who handle our order deliveries. Please rest assured that those companies and individuals who have access to such personal information are not permitted to use this information for any other purposes and they are required to process any such data in accordance with the Data Protection Act 1998.

8.6 Your personal details will remain private and confidential. All data collected is for our internal use only.

8.7 Any information you provide is only accessible by you after you have entered your email address and password.

8.8 We do not sell mailing lists to other companies, or divulge any of your personal details to other companies or individuals.

8.9 Communication with You

8.9.1 Ruxley Manor Garden Centre has an anti-SPAM policy, we will NEVER send you any unsolicited email. If you choose to subscribe to our free newsletter, you will receive one occasionally. Clear unsubscribe details are always shown on the newsletter.

8.9.2 We may from time to time send you pertinent information on special offers, giveaways or special discounts should you choose to subscribe to it.

8.9.3 If you choose not to receive our free newsletter, we will only contact you to answer your queries and/or send you your order confirmation..

9. Applicable Law

9.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and each party agrees irrevocably to submit to the exclusive jurisdiction of the courts of England and Wales.

9.2 These terms and conditions only cover the www.ruxley-manor.co.uk website. Any other websites which you link to from this website are governed by their own terms and conditions. We accept no responsibility or liability for websites that are not under our control.

9.3 We are required by law to inform you that sales can only be concluded in English.

10. Copyright Notice

10.1 All content in whatever format found on www.ruxley-manor.co.uk web site is copyright of its respective owner, Ruxley Manor Garden Centre and legal action may be taken if any person(s) or business is found using the content found on www.ruxley-manor.co.uk web site without permission in advance.

10.2 Ruxley Manor Garden Centre does not give you any right or interest in any copyright or intellectual property rights in any product nor the right to copy them.

10.3 Copyright extends to the design and appearance of www.ruxley-manor.co.uk and its marketing materials.

11. Errors & Omissions

11.1 Every effort is made to ensure the accuracy of any technical data or literature made available in relation to our products and services.

11.2 All descriptions and illustrations of goods in any catalogue, brochure, information on the www.ruxley-manor.co.uk website, price list or in any other document provided by us are intended for general guidance only and do not form part of any contract between you and us.

11.3 We accept no liability for any error or omissions in such documents and except to the extent required at law cannot be liable in any circumstances for any loss or damage resulting from your reliance on such descriptions and illustrations.

11.4 We will promptly correct any errors brought to our attention.

12. Statutory Rights

All statements, guarantees or warranties in these terms of trading are additional to and do not affect your statutory rights. These terms and conditions are subject to change at any time without prior notice to you.

13. The E:Letter Prize Draw

The E:Letter Prize Draw to win £100 of National Garden Gift vouchers will be drawn at random on Friday 17 October. 

The competition is not open to Ruxley Manor Garden Centre employees or its suppliers.  The winner will be notified via email and the gift vouchers will be dispatched by Recorded Delivery as soon as the draw has taken place.