A Definitions section is included at the end of these terms and conditions. You should retain a copy of these terms for future reference.
1. Access To And Use Of Our Site
1.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
1.2 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they accept and comply with them.
1.3 Our site is principally intended for use by people resident in the United Kingdom. Persons based outside of the United Kingdom who wish to purchase Products from our site are invited to contact our Head Office on + 44 (0) 20 8398 2847 or contact trade@hayter.uk.com to obtain a personalised quote.
1.4 If you have any concerns about material which appears on our site, please contact us on + 44 (0) 20 8398 2847 or trade@hayter.uk.com
2. Intellectual Property Rights
2.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
2.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
2.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
2.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
2.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option and at your expense, return or destroy any copies of the materials you have made.
2.7 If you wish to make any use of material on our site other than as permitted in clause 7, please address your request to trade@hayter.uk.com
3. Reliance On Information Posted
Commentary and other materials posted on our site are not intended to amount to advice on which any reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
4. Our Site Changes Regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
5. Information About You And Your Visits To Our Site
We process information about you in accordance with our privacy policy which can be found at Privacy Policy Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
6. Viruses, Hacking And Other Offences
6.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
6.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately without prejudice to any other claims which we may be entitled to make against you.
6.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
7. Linking To Our Site
7.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
7.2 You must not establish a link from any website that is not owned by you.
7.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
8. Third Party Websites
We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely to the maximum extent permitted by relevant law. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
9. 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 “Concrete Base Construction Requirements” detailed.
10. 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, other members of our group of companies and third parties connected to us hereby expressly exclude:
i) All conditions, warranties and other terms which might otherwise be implied by
statute, common law or the law of equity;
ii) Any liability for any direct, indirect or consequential loss or damage incurred by any
user in connection with our site or in connection with the use, inability to use, or
results of the use of our site, any websites linked to it and any materials posted on it,
including, without limitation any liability for:
a. loss of income or revenue;
b. loss of business;
c. loss of profits or contracts;
d. loss of anticipated savings;
e. loss of data;
f. loss of goodwill;
g. wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort
(including negligence), breach of contract or otherwise, even if foreseeable.
iii) This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, our liability under section 2(3) of the Consumer Protection Act 1987, or any other liability which cannot be excluded or limited under applicable law.
iv) 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.
v) 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.
vi) notices given by you must be sent to trade@hayter.uk.com or posted to Hayter Garden Studios Ltd, Pier 32, Thames Ditton Island, Surrey KT7 0SQ.
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 and supersede any prior agreement, understanding or arrangement
between us, whether oral or in writing.
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.
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