For reference, a Definitions section is included at the end of these terms and conditions. When ordering, you should print and retain a copy of these terms for future reference.

1. Your Status
By placing an order via our site, you warrant that:
1.1 you are legally capable of entering into binding contracts;
1.2 you are at least 18 years old; and
1.3 unless otherwise agreed with us in advance you are resident in the United Kingdom.

2. How A Contract For Purchase of Products Is Formed Between You And Us
2.1 All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a Order Confirmation. The contract between us ("Contract") will only be formed when we send you the Order Confirmation.
2.2 The Contract will relate only to those Products confirmed in the Order Confirmation.

3. Our products
Our products are subject to availability and the product available on our site has prescriptive installation requirements. By accepting these terms you acknowledge that you have read and understood the "Important Points Regarding Concrete Base Construction” as set out in a schedule to these terms and further acknowledge that we accept no liability if we are unable to construct the product as a result of your failure to comply with the “ Cement Base Construction Requirements” detailed.

4. Risk and Title
The product will be at your risk from the time that it is constructed.
Ownership of the product will only pass to you when we receive full payment of all sums due in respect of the product, including installation cost.

5. Price and Payment
The price of any product will be as quoted on our site from time to time, and confirmed to you in the Order Confirmation.
The price of the product listed on our site includes installation at certain postcodes and VAT. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Order Confirmation.
Payment for the product must be by credit or debit card or, by cheque or BACs. Should you wish to pay by cheque or BACs e-mail contact@gardensunstudios.co.uk for further details.

6. Condition of Supply/Guarantee
Our product is warranted for 2 years from the date of installation, provided you do not alter or attempt to repair the Product without our written consent.

7. Our Liability
Without prejudice, the material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

i) Our total liability for all losses you suffer as a result of us breaking this Contract is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the Contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
ii) Written Communications applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
iii) notices given by you to us must be given to trade@hayter.uk.com or sent to Hayter Garden Studios Ltd, Pier 32, Thames Ditton Island, Surrey KT7 0SQ.
iv) We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three 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 and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

8. Transfer Of Rights And Obligations
a. The Contract between you and us is binding on you and us and on our respective successors and assigns.
b. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
c. 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

9. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
i. strikes, lock-outs or other industrial action;
ii. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
iii. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
iv. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
v. impossibility of the use of public or private telecommunications networks or any utilities or services;
vi. the acts, decrees, legislation, regulations or restrictions of any government.
vii Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

10. Waiver
If we fail, at any time during the term of a Contract, to insist on strict performance of any of your obligations under the Contract 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 such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 7 above.

11. Severability
If any of these terms or any provisions of a Contract are determined by any competent binding authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

12. Entire Agreement
These terms and any document expressly referred to in them represent the entire agreement between us in relation to your use of our site and/or the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
a. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms.
b. 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 terms.

13. Our Right To Vary These Terms
a. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
b.You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

14. Law And Jurisdiction
Use of these terms, and Contracts for the purchase of Products through our site, will be governed by English law. Any dispute arising from, or related to, such Contracts or a visit to our site shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Definitions
As used in these terms and conditions now or hereafter associated herewith:
"Order Confirmation" – means a written confirmation from us to you confirming that the Product(s) you have ordered has been accepted.
"Our site" means www.gardensunstudios.co.uk
"Products" means the products available for purchase on our site
"We" means Hayter Garden Studios Ltd, a company registered in England and Wales under company number; 06889252 with a registered office at Pier 32 Thames Ditton Island, Surrey KT7 0SQ and "our" and "us" shall be construed accordingly; "you" means the user of our site and/or the purchaser of Products.