Terms & Conditions

Please read all these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you have any questions, please contact John Bishop at john@gardenescpaes.me.

Application

These terms and conditions will apply to the purchase of services and goods by you (the Customer or you).
John Bishop of 74a, Rails Lane, Hayling Island, PO11 9LP with email address john@gardenescapes.me and telephone number 07939212973 ( the Supplier, I, me, us or we).
These are the terms on which we sell all services to you. By ordering any of the services, you agree to be bound by these terms and conditions.

Interpretation

Consumer/ Customer 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 I for the supply of Services.
Delivery location means the Supplier’s premises or other location where the Services are to be supplied. As set out in the Order.
Goods means any goods that I supply to you with the Services, of the number and description as set out in the Order.
Order means the Customer’s order for the Services from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation.
Services means the services, including and Goods, of the number and description set out in the Order.

Services

The description of the Services and any Goods is as set out in our website and any other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size, colour of any Goods supplied.
In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services are subject to availability.
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

You must co-operate with me in all matters relating to the Services, provide me and my authorised Sub Contractors with access to any premises under your control as required, provide me with all information required to perform the Services.
Failure to comply with the above is a Customer default which entitles me to suspend performance of the Services until you remedy it or if you fail to remedy it following my request, we can terminate the Contract with immediate effect on written notice to you, with any outstanding payments for Goods already provided to be paid.

Basis of Sale

The description of the Services and any Goods in our website or any other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
A Contract will be formed for the Services order, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier’s delivery of the Services to the Customer.
Any quotation or estimate of Fees (as defined below is valid for a maximum period of 30 days from it’s date, unless we expressly withdraw it at an earlier time.
No Variation of the Contract, whether about description of the Services, 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.

Fees and Payment

The fees (Fees) for the Services, the price for and Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our quotation or such prices we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
Fees and charges include VAT at a rate applicable at the time of the Order.
A 20% payment depending on Goods ordered prior to the Services being carried out will be required and this will be confirmed when the quotation is provided. By accepting the Order, you will agree to pay 20% within 7 days of the Services commencing.
Projects with an estimated completion time over more than 4 weeks will be required to make stage payments throughout the Services being completed. This will be confirmed when the quotation is provided.
Payment for the Services must be made within 7 days of invoice. You must pay in cash or by bank transfer.

Delivery

I will deliver the Service, including and Goods, to the Delivery Location by the time or within the agreed period or failing any agreement:
In the case of Services, within a reasonable time and
In the case of Goods, without undue delay and, in any event, not more than 30 calendar days from the day on which the Contract is entered into.
If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, I may charge the reasonable costs of redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

Risk of damage to, or loss of, and Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received the 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 see the Goods still owned by you, in which case you must return them or allow me to collect them.

Withdrawal

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

Conformity

We will agree 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 any particular purpose for which you buy the Goods.
confirm to their description.
We will supply the Services with reasonable sill and care.
In relation to the Services, anything e say or write to you or anything someone else says or writes to you on my behalf, about me or the Services, is a term of the Contract ( which we must comply with) if you take into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by me or on behalf of me on the same occasion, any change to it has been expressly agreed between us (before entering this Contract or later).

Duration, termination and suspension

The Contract continues as long as it takes us to perform the Services.
Either you or I may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that order:
Commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice.
Is subject to any step towards its bankruptcy or liquidation.
On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
On termination any Goods purchased and not obtainable by me will be liable for payment by you the Customer.

Privacy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
These Terms and Conditions should be read alongside our privacy policy which can be found on my website www.gardenescapes.me
For purposes of the Terms and Conditions:
Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
GDPR means General Data Protection Regulation (EU) 2016/679
‘Data Controller’, ‘Personal Date’ and ‘Processing’ shall have the same meaning in the GDPR
I am a Data Controller of the Personal Data we process in providing personal Services and Goods to you.
Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with the obligation imposed by the Data Protection Laws:
Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
We will only process Personal Data for the purposes identified;
We will respect your right in relation to your Personal Data; and
We will implement measure to ensure your Personal Data is secure.
For any enquiries or complaints regarding data, privacy, you can email john@gardenescapes.me

Successors and my sub-contractors

Either party can transfer the benefit of this Contract to someone else as long as it’s agreed in writing. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform duties.

Excluding liability

We do not exclude liability for:
Any fraudulent act or omission; or death or personal injury, caused by negligence or breach of the Supplier’s other legal obligations.
we are not liable for loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or loss to your business, trade, craft or profession which would not be suffered by a Consumer – Because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

The Contract (including and non – contractual matters) is governed by the law of England and Wales.
We try to avoid any disputes, so we deal with complaints as follows:
Should the Customer need to raise a complaint they will need to notify the Supplier in this case John Bishop at john@gardenescapes.me to help find a solution.
Failure for the Supplier to find a solution a dispute can be submitted to the jurisdiction of the courts of England and Wales.