Terms & Conditions
By purchasing goods from our Online Shop you enter a legally binding agreement with us on the following terms. You should read and understand these terms because they affect your rights and liabilities. These terms describe the basis for purchase by you and sale by us of the products described on this web site and in our literature.
Definitions and Interpretation
In these terms the following words have the following meanings.
Contract: The contract for the sale and purchase of the Goods;
Delivery Area: As outlined on our Checkout page
Goods: The range of plants and garden products offered for purchase from our Online Shop in accordance with the terms;
Website: Our website is currently accessed via the address www.lealansgardencentre.co.uk
Seller, we, or us:
Lealans Garden Centre, www.lealansgardencentre.co.uk
Our Company Number: 04129037
Our address: Bridgnorth Road, Shipley, Pattingham, Wolverhampton. Wv6 7EZ
Waiver
Every effort has, is and will be taken to ensure that the information contained in this Website is correct and up to date. The information may from time-to-time become incomplete, inaccurate or out of date. Pictures on the Website are generally accurate but variations in shape, size and colour must be expected. It is important to understand that plants are a living subject and as such will vary in appearance, size and colour of any pictures on this website.
We assume no responsibility for the contents of any other websites to which this Website has links
To the full extent permitted by law, but subject to the terms and conditions of sale referred to below, we disclaim all warranties and representations (whether implied or expressed) as to the accuracy of any information contained on this Website
Intellectual property
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Indemnity
You agree to indemnify us against any claims, losses, liabilities, damages and expenses (including legal fees) arising from the use of this website.
Trade Marks
The trade marks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to –
defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network;
violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party;
submit contents containing marketing or promotional material which is intended to solicit business.
Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
Liability
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products and Events for sale on the Website. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Compliance of laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Jurisdiction
The contract will be governed by the laws of England and Wales and the parties to the Contract submit to the jurisdiction of the English Courts.
Copyright
All of the written, photographic and design material of the Website together with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such. All rights reserved.
None of this material may be used without our written permission. You may download or print a single copy for your own non-commercial off-line viewing.
All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trade mark is unlawful.
Consumer rights
None of the above terms and conditions affects your statutory consumer rights.