Terms & Conditions

Please ensure you have read through our Terms and Conditions before placing your order. By placing an order, you will be agreeing to the Terms and Conditions outlined below. Should you have any queries, please do not hesitate to contact us on 01694 771800 Monday – Friday, 9am to 5pm. Alternatively, please email us at support@wilstone.com 

Terms and Conditions of Sale
Application
These Terms and Conditions will apply to the purchase of the goods by you (hereafter referred to as the Customer or You). We are Wilstone House and Gardens Ltd, a company registered in England and Wales under number 12341949 whose registered office and trading address is at Home Farm, Leebotwood, Church Stretton, Shropshire, SY6 6LX with email address support@wilstone.com ; telephone number 01694 771800; (hereafter referred to as the Supplier, Us or We).

These are the terms on which we sell all goods to you. By ordering any of the goods or creating an account, you agree to be bound by these Terms and Conditions. 

Interpretation 
Consumer - means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft, or profession;
Contract - means the legally binding agreement between You and Us for the supply of the Goods;
Delivery Location - means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
Durable Medium - means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information and allows the unchanged reproduction of the information stored.
Goods - means the Goods advertised on the Website that we supply to you of the number and description set out in the Order;
Order means the Customer’s Order for the Goods set from the Supplier as submitted following the step-by-step process set out on the Website;
Privacy Policy - means the terms which set out how we will deal with the confidential and personal information received from You via the Website;
Website - means Our Website www.wilstone.com on which the Goods are advertised.

Goods

The description of our goods is as set out on our website, in our catalogue or brochure and other forms of advertisement. Please note, any description is for illustrative purposes only and, due to the nature of the products we sell, there may be a small discrepancy in the size, colour and patina of the goods supplied. 

If you decide to have any of our goods produced uniquely to your own personal requirement, you must accept full responsibility for the accurate provision of information or specification. We cannot offer refunds on products that have been tailored or personalized in any way unless there is a genuine fault. 

All goods are subject to availability. 

We reserve the right to alter goods in order to comply with legislation and safety requirements. We will notify you of these changes. 

Personal Information 

All information is retained and stored in strict compliance as outlined in our Privacy Policy. 

We may contact you via email or other forms of electronic communication and pre-paid post as per your prior consent. You have the right to opt out of this at any time. 

Basis of Sale 

The description of the goods in our website does not constitute a contractual offer to sell the goods. When an order has been submitted on the website, we can reject it for any reason, although we will try to tell you the reason without delay. 

The order process is set out on the website. Each step allows you to check and amend any errors before submitting the order. It is your responsibility to check that you have entered the correct information and used the ordering process correctly. 

A contract will be formed for the sale of goods ordered only when you receive an e-mail from us confirming the order (Order Confirmation). You must ensure that the order confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing an order, you agree to us giving you confirmation of the contract by means of an e-mail with all information in it (i.e. the order confirmation). 

No variation of the contract, whether about description of the goods, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the customer and the supplier in writing. 

Price and Payment 

The price of the goods and any additional delivery or other charges is that set out on the website at the date of the order or such other price as we may agree in writing. Prices and charges include VAT at the rate applicable at the time of the order. 

You must pay by submitting your credit or debit card details via Sage Pay or PayPal with your order and they can take payment immediately or otherwise before delivery of the goods. 

Delivery 

For full delivery information please refer to our Delivery Policy. 

Risk and Title 

Risk of damage to, or loss of, any goods will pass to you when the goods are delivered to you. 

You do not own the goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose by notice to cancel any delivery and end any right to use the goods still owned by you, in which case you must return them or allow us to collect them. 

Cancellation 

You can withdraw the order by telling us before the contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability. 

This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These cancellation rights, however, do not apply, to a contract for goods that are made to your specifications or are clearly personalised. 

Subject as stated in these terms and conditions; you can cancel this contract within 14 days of receipt of goods without giving a reason. 

The cancellation period will expire after 14 days from the day on which you, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the goods. 

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement setting out your decision (e.g. a letter sent by post or e-mail). In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form. We will communicate to you an acknowledgement of receipt of such a cancellation in a durable medium (e.g. by e-mail) without delay. 

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. 

Except as set out below, if you cancel this contract, we will reimburse to you all payments received from you, including the costs of initial delivery to you (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). 

Returning Goods 

If you have received goods in connection with the contract which you have cancelled, you must send back the goods or hand them over to us at Home Farm, Leebotwood, Shropshire, SY6 6LX without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the goods. 

For the purposes of these cancellation rights, these words have the following meanings: 

  • distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
  • sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity

We have a legal duty to supply the goods in conformity with the contract and will not have conformed if it does not meet the following obligation.

Upon delivery, the goods will:

  • be of satisfactory quality;
  • be reasonably fit for the intended purpose;
  • conform to their description.
Circumstances Beyond the Control of Either Party 

In the event of any failure by either party because of something beyond its reasonable control: 

  • the party will advise the other party as soon as reasonably practicable; and
  • the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the customer's above rights relating to delivery and any right to cancel, below.
Excluding Liability 

The supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the supplier's other legal obligations. Subject to this, the supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the contract was made, or (ii) loss (e.g. loss of profit) to the customer's business, trade, craft, or profession which would not be suffered by a consumer - because the supplier believes the customer is not buying the goods wholly or mainly for its business, trade, craft, or profession. 

Governing Law, Jurisdiction and Complaints 

The contract (including any non-contractual matters) is governed by the law of England and Wales. 

Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days. 

Terms and Conditions of Website Use 

These terms and conditions apply between you, the user of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Wilstone House & Gardens Ltd. the owner and operator of this website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately. 

In these terms and conditions, user or users means any third party that accesses the website and is not either (i) employed by Wilstone House & Gardens Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Wilstone House & Gardens Ltd. and accessing the website in connection with the provision of such services. 

Intellectual Property and Acceptable Use 

All content included on the website, unless uploaded by users, is the property of Wilstone House & Gardens Ltd., our affiliates or other relevant third parties. In these terms and conditions, content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website, including any such content uploaded by users. By continuing to use the website you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission. 

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content without the written permission of Wilstone House & Gardens Ltd. 

You acknowledge that you are responsible for any content you may submit via the website, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through the website any content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the website. 

You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Wilstone House & Gardens Ltd. for all claims resulting from content you supply. 

Prohibited Use 

You may not use the website for any of the following purposes: 

  • in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the website;
  • in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
  • making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner. 
Your Account 

You must ensure that the details provided by you on registering for an account or at any time are correct and complete. 

You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions. 

You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. Cancellation or suspension of your registration does not affect any statutory rights. 

Links to Other Websites 

This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Wilstone House & Gardens Ltd. or that of our affiliates. 

We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. 

The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.  

Use of Cookies 

Use of the website is also governed by our Privacy Policy, including use of cookies, which are incorporated into these terms and conditions by this reference. View the Privacy Policy. 

Availability of the Website and Disclaimers 

Any online facilities, tools, services or information that Wilstone House & Gardens Ltd. makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Wilstone House & Gardens Ltd. is under no obligation to update information on the website. 

Whilst Wilstone House & Gardens Ltd. uses reasonable endeavours to ensure that the website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all users take responsibility for their own security, that of their personal details and their computers. Wilstone House & Gardens Ltd. accepts no liability for any disruption or non-availability of the website. 

Wilstone House & Gardens Ltd. reserves the right to alter, suspend or discontinue any part (or the whole of) the website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the website unless it is expressly stated otherwise.

Limitation of Liability 

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law. 

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control. 

To the maximum extent permitted by law, Wilstone House & Gardens Ltd. accepts no liability for any of the following: 

  • any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
  • loss or corruption of any data, database or software;
  • any special, indirect, or consequential loss or damage. 
General 

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version. 

These terms and conditions together with the privacy policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions. 

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions. 

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected. 

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy. 

These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.

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