Website Terms and Conditions
1. Introduction
1.1 These terms and conditions ("Terms") govern your access to and use of the website operated by Outdone Gardens Limited ("Website"), a limited company registered in England and Wales, under company number 16986586 having a registered office at Tey Gardens, Church Lane, Little Tey, Colchester CO6 1HX. (herein referred to as "Company", "us", "we", or "our").
1.2 By accessing or using this Website, you agree to be bound by these Terms. If you do not agree with any of these Terms, you must cease using the Website immediately.
1.3 You must be at least 18 years of age to use the Website. By accessing or using the Website and accepting these Terms, you confirm that you are at least 18 years of age.
1.4 If you have any questions regarding these Terms, you may contact us via the Website or by email at enquiries@outdone.co.uk.
2. Privacy
2.1 Any personal information you provide to us through the Website will be processed in accordance with our Privacy Policy, which is available on the Website. By using our Website and providing your personal information, you acknowledge that such information will be processed in accordance with our Privacy Policy.
3. Website Content
3.1 The information and materials available on the Website are provided for general information purposes only. While we make reasonable efforts to ensure that the content on the Website is accurate and up to date, we make no representations, warranties, or guarantees, whether express or implied, regarding the accuracy, completeness, timeliness, or suitability of such information for any particular purpose.
3.2 We may update, modify, or remove content on the Website at any time without prior notice.
3.3 To the fullest extent permitted by applicable law, we shall not be liable for any inaccuracies or errors in the content available on the Website.
3.4 Your use of any information or materials on the Website is entirely at your own risk, and you are responsible for ensuring that any products, services, or information available through the Website meet your specific requirements.
4. Account Creation
4.1 To access certain features of our Website, you may be required to create an account which is a one-time process and is free of cost.
4.2 When creating an account, you must ensure that all the information you provide is accurate and complete at the time of registration and remains so during your use of the Website. You agree to promptly notify us of any changes to your information to ensure that your account details remain accurate and current.
4.3 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on the Website and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
4.4 You may cancel your account at any time by using the account deletion feature available in your account settings (if available) or by contacting us at enquiries@outdone.co.uk.
4.5 You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms.
5. Suspension or Termination
5.1 We reserve the right to suspend or terminate your access to the Website where we reasonably believe that you have breached these Terms or misused the Website.
5.2 We may also suspend or terminate your account where necessary to comply with applicable law or to protect the security or integrity of the Website.
6. Intellectual Property
6.1 Unless otherwise stated, all copyright and other intellectual property rights in the Website are either owned by us or have been licensed to us by the owner(s) of those rights. We retain copyright on all information, including text, graphics, sound, and all trademarks displayed on the Website.
6.2 You must not: (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any content available on the Website. These restrictions apply in relation to all or part of the content available on the Website; (b) copy and distribute the information on any other server, or modify or re-use text or graphics on this system or another system; (c) reproduce any part of the Website or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the Platform; or (e) link any other material to the Website, without our express written consent.
6.3 Where you upload or submit content to the Website, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, and display such content for the purposes of operating, promoting, and improving the Website and our business.
6.4 We reserve the right to remove or refuse any user-generated content that we reasonably consider to be unlawful, inappropriate, or in breach of these Terms.
7. Orders, Payment Processing, and Purchase Terms
7.1 Placing an Order
7.1.1 When you place an order through the Website, you are making an offer to purchase goods from our Company in accordance with these Terms.
7.1.2 All orders are subject to acceptance and availability.
7.1.3 By placing an order, you confirm that all information provided by you is accurate and complete.
7.1.4 We reserve the right to refuse or cancel an order where it is reasonable for us to do so, including where: (a) the goods are unavailable; (b) there has been an error in the price or description of the goods; or (c) we reasonably suspect fraudulent or unauthorised activity.
7.2 Payment Processing
7.2.1 Payment for goods must be made at the time of placing your order using the payment methods available on the Website.
7.2.2 All prices are quoted in the currency specified at checkout. Where applicable, VAT will be clearly indicated at checkout.
7.2.3 Payments are processed through our secure payment gateway provider, Worldpay, and their terms and conditions may also apply to payment transactions made through the Website.
7.2.4 By submitting payment details, you confirm that: (a) the payment information provided is accurate; and (b) you are authorised to use the selected payment method.
7.3 Order Acceptance and Contract Formation
7.3.1 Your order constitutes an offer to purchase goods from us.
7.3.2 A legally binding contract between you and us will be formed only when we send you an order confirmation email confirming acceptance of your order.
7.3.3 If we are unable to accept your order, we will notify you as soon as reasonably practicable and any payment made will be refunded.
7.3.4 If an error is identified in the price or description of the goods after an order is placed, we may: (a) inform you of the error; and (b) give you the option to reconfirm or cancel the order.
7.4 Electronic Communications
7.4.1 By placing an order through the Website, you agree that we may communicate with you electronically, including by email, in relation to your order and any related matters.
8. Delivery of Goods
8.1 Delivery Arrangements
8.1.1 We are committed to ensure timely, efficient, and compliant delivery for delivery of the goods to the delivery address specified by you at the time of placing your order.
8.1.2 Delivery dates provided are estimates only and are not guaranteed, unless expressly agreed otherwise.
8.2 Delivery Charges
8.2.1 Any applicable delivery charges will be displayed at checkout before you confirm your order.
8.2.2 Delivery charges may vary depending on the delivery location, size of the order, and delivery method selected.
8.3 Delivery Times
8.3.1 Standard delivery lead times may vary depending on the nature of the product, degree of customization, availability of stock, and geographic location of the delivery site. Estimated delivery timelines, including partial or phased delivery milestones (where applicable), shall be communicated to the client at the time of order placement. While we endeavour to adhere to the communicated delivery timelines, such timelines shall be indicative in nature and subject to reasonable extensions in accordance with this Policy.
8.3.2 We are not responsible for delays caused by events outside our reasonable control, including courier delays or force majeure events including but not limited to act of god, natural disasters, pandemic, epidemic, strikes, lockouts, or other governmental restrictions.
8.3.3 Your Responsibilities: It shall be your responsibility to: (a) provide complete, accurate, and accessible delivery site details, including contact information and authorized personnel for receiving deliveries; (b) ensure that the site is prepared and in a condition suitable for safe and unimpeded delivery, including adequate access, storage space, and offloading arrangements; and (c) notify us in advance of any restrictions or conditions that may impact delivery, such as working hour limitations, security permissions, etc.
9. Ownership
9.1 Risk in the goods shall be yours once they have been delivered to the delivery address you provided at the time of placing your order.
9.2 Ownership of the goods will pass to you once we have received full payment for the goods, including any applicable delivery charges.
10. Inspection, Discrepancies, and Damage Reporting
10.1 You are required to inspect all delivered goods upon receipt. Any shortage, visible damage, or discrepancy in the shipment must be reported to us in writing within twenty-four (24) hours of delivery, along with photographic evidence and supporting documentation. Failure to report discrepancies within the stipulated time shall be deemed acceptance of the delivery and may forfeit any claim for replacement or refund, unless otherwise provided under warranty (if any) or applicable law.
10.2 Upon inspection, if goods were delivered in a quantity different from the quantity you ordered: (a) where less goods are delivered than ordered, you may reject the goods or accept the goods delivered and pay for them at the contract price for the quantity received; (b) where more goods are delivered than ordered, you may accept the goods ordered and pay for them at the contract price or reject the excess goods, or reject the entire delivery.
11. Consumer Rights
11.1 Nothing in these Terms limits or excludes any rights you may have under the Consumer Rights Act 2015 ("Act") or other applicable consumer protection laws prevailing in UK.
11.2 Under the Act, goods must be as described, of satisfactory quality, and fit for purpose. If the goods you receive are faulty, misdescribed, or not delivered as agreed, you may be entitled to remedies such as a repair, replacement, or refund in accordance with this Policy and your statutory rights.
11.3 If you believe your statutory consumer rights have been affected, please contact us at enquiries@outdone.co.uk.
12. Distance Selling and Your Right to Cancel
12.1 Right to Cancel
12.1.1 If you are a consumer, you have the right to cancel your order within 14 days from the day on which you receive the goods ("Cancellation Period"), without giving any reason.
12.1.2 To exercise your right to cancel, you must inform us of your decision before the end of the Cancellation Period by contacting us at enquiries@outdone.co.uk or through the Website.
12.1.3 You may use the Model Cancellation Form set out in Schedule I to these Terms, although this is not mandatory.
12.1.4 Any cancellation request received beyond the Cancellation Period stated above may be subject to cancellation charges ranging between fifteen percent (15%) to fifty percent (50%) of the order value.
12.1.5 Orders that involve special requests, design consultancy, or procurement from third-party vendors shall be deemed non-cancellable once execution or production has commenced. We reserve the right to recover all committed and unrecoverable costs incurred prior to the cancellation, including but not limited to administrative expenses, logistics costs, material handling charges, and vendor-related liabilities.
12.2 Return of Goods
12.2.1 If you wish to cancel your order, you may initiate a return request within the Cancellation Period. Such request shall compulsorily be accompanied by the original receipt or invoice issued by us. Returned good(s) must comply with the conditions set out under this Policy and must, inter alia, be unused and returned in their original, undamaged packaging. We will gladly process the refund or exchange for any item that is returned in accordance with this Policy.
12.2.2 You are responsible for taking reasonable care of the goods while they are in your possession.
12.2.3 Unless the goods are faulty, misdescribed, or not as agreed, you will be responsible for the cost of returning the goods to us.
12.3 Refunds
12.3.1 If you cancel your order within the Cancellation Period, we will refund the payment received from you pursuant to the relevant invoice in respect of the returned good(s).
12.3.2 We will not refund any additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us.
12.3.3 Refunds will be made within 14 days of receiving the returned goods or evidence that the goods have been returned, whichever occurs first.
12.3.4 Refunds will be issued using the same payment method used for the original transaction unless otherwise agreed.
12.3.5 We may make a deduction from the refund for any loss in value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
12.4 Exclusions
12.4.1 The right to cancel does not apply to certain goods, including: (a) goods made to the consumer's specifications or clearly personalised; (b) perishable goods; (c) sealed goods which are not suitable for return for health protection or hygiene reasons once unsealed; and (d) digital content supplied electronically once downloading has begun with the consumer's consent.
12.4.2 For further information regarding cancellations or returns, please contact us at enquiries@outdone.co.uk.
13. Promotions and Discount Codes
13.1 Promotions and discount codes offered through the Website may be subject to additional terms and conditions, which will be specified at the time the promotion or discount code is issued.
13.2 Unless otherwise stated, promotions and discount codes cannot be combined with other offers or discounts.
13.3 We reserve the right to modify, suspend, or withdraw any promotion or discount code at any time, where it is reasonable for us to do so, including in cases of misuse, fraud, or technical errors.
14. Third Party Terms and Conditions
14.1 Certain features or services available through the Website (such as payment processing services, delivery services, or external applications) may be provided by third parties and may be subject to separate terms and conditions.
14.2 By using such services, you acknowledge that your use of those services may be governed by the applicable terms and conditions of the relevant third party, in addition to these Terms. You agree that we will have no liability, obligation or responsibility for, access or usage of any third-party website and the contract under such instances remains between you and any such third party.
15. What You Cannot Do
15.1 You may not use this Website to: (a) breach or attempt to breach these Terms; (b) engage in any unlawful or fraudulent activity; (c) introduce viruses, malware, or other harmful material to the Website; (d) interfere with, disrupt, or damage the operation of the Website or any related systems; or (e) access or attempt to access any part of the Website, accounts, or data without authorisation.
16. External Content
16.1 In your use of the Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the Website or access any other third-party website linked to the Website. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.
17. Limitation of Liability
17.1 To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, consequential, special, or exemplary losses arising out of or in connection with your use of, or inability to use, the Website.
17.2 Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law.
17.3 Subject to clause 17.2, our total liability to you for any claims arising out of or in connection with your use of the Website or services shall not exceed the total amount paid by you to us for the relevant goods or services giving rise to the claim.
18. Indemnity
18.1 You agree to indemnify and hold harmless our Company, its affiliates, vendors, agents, directors, officers, and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of: (a) your misuse of the Website; or (b) your breach of these Terms.
19. Governing Law
19.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
20. General
20.1 Third Party Rights
Nothing in these Terms shall confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999.
20.2 Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force and effect.
20.3 Waiver
Our failure or delay in exercising any right or remedy under these Terms shall not constitute a waiver of that right or remedy.
20.4 Variation
We may update or amend these Terms from time to time. Any changes will take effect once the updated Terms are published on the Website. It is your responsibility to review these Terms periodically to ensure you are aware of any updates.
Schedule I — Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract. Alternatively, you may contact us to discuss a return via our website or by emailing us at enquiries@outdone.co.uk)
To: Outdone Gardens Limited, Tey Gardens, Church Lane, Little Tey, Colchester CO6 1HX
Email: enquiries@outdone.co.uk
I/We __________________ hereby give notice that I/We cancel my/our contract of sale of the following goods:
____________________________________________________
Ordered on / received on: _____________________________
Name of consumer(s): _______________________________
Address of consumer(s): _____________________________
Signature of consumer(s) (only if this form is notified on paper):
____________________________________________________
Date: __________________