information about us and the legal terms and conditions (Terms) on which we
sell any of the goods listed on our website to you.
Information about us
This site is owned and operated by Bents Garden
Centre Limited ('Bents', 'we' or 'us'). Registered office: Warrington Road,
Glazebury, Warrington, Cheshire WA3 5NT; registered number 2869245 (England and
(a) If you want to ask us anything
about these terms and conditions or your order or have any comments or
complaints on or about our website, please contact us on 01942 266303 or email email@example.com.
(b) To cancel a contract you just need to let us
know that you have decided to cancel. Please see clause 5 below for details on
how to do this.
You will note that there
is no reference to deemed receipt in this clause (as there is in the business
customer contact provisions). This is because we do not consider the concept of
deemed receipt to be fair or clear to a consumer, who will almost certainly
consider when he has sent an e-mail or posted a letter to be the critical date.
As for court proceedings,
in any event, there are statutory rules under the Civil Procedure Rules and
Practice Direction. While you could use wording similar to the last line in the
business notices provision at clause 20.4 to make this clear, we
think this is creating an overly elaborate layer of formality and legalese where
a consumer is concerned for rules which apply in any event.
(c) If we have to contact you or
give you notice in writing, we will do so by email or by pre-paid post to the
address you provide to us in your order.
Ownership of rights
All rights, including copyright, in this website
are owned by or licensed to Bents. You may not modify, distribute or re-post
anything on this website for any purpose. Any use of this website or its
contents, including copying or storing it or them in whole or part, other than
for your own personal, non-commercial use, is prohibited without the permission
Accuracy of content
Bents has taken every care in the preparation of
the content of this website, in particular to ensure that prices quoted are
correct at time of publishing and all products have been fairly described.
However, orders will only be accepted if there are no material errors in the
description of the goods or their prices as advertised on this website. All
prices are displayed inclusive of VAT. Packaging may vary from that shown. The
weights, dimensions and capacities given are approximate only. We have made every
effort to display as accurately as possible the colours of our products that
appear on the website. However, as the actual colours you see will depend on
your monitor, we cannot guarantee that your monitor's display of any colour
will accurately reflect the colour of the product on delivery. To the extent
permitted by applicable law, Bents disclaims all warranties, express or
implied, as to the accuracy of the information contained in any of the
materials on this website. Bents shall not be liable to any person for any loss
or damage which may arise from the use of any of the information contained in
any of the materials on this website.
The views expressed in user generated content are the opinions of those users
and are not necessarily those of Bents.
Damage to your computer system
Bents makes every effort to ensure that this
website is free from viruses or defects. However, we cannot guarantee that your
use of this website or any websites accessible through it won't cause damage to
your computer system. It is your responsibility to ensure that your computer
system is protected from viruses or other malicious code. Bents shall not be
liable to any person for any loss or damage which may arise to computer systems
as a result of using this website.
All items are subject to availability. We will
inform you by email as soon as possible if the goods you have ordered are not
If, after placing your order you discover an error,
please call us immediately on 01942 266303.
Delivery charges vary depending on the type of
products ordered, the service you select and the delivery address. For full
details of our delivery charges please refer to our delivery services and
PURCHASE OF PRODUCTS
an order on the website by selecting an item and following the instructions.
1.2You will have an opportunity to change your
order up until you click the 'Confirm payment' button.
have submitted your order you will receive an order acknowledgement email from
us. Please note that this email is an acknowledgement and not acceptance of
your order. Please check your Spam or Junk Mail folder if you have not received
your acknowledgement email within 45 minutes of placing your order.
are paying debit or by credit card or through PayPal, we will authorise your
debit or credit card or PayPal payment.
payment has been authorised, and we have determined the availability of stock,
we will arrange for the delivery of the goods to you. Acceptance of your order
and the creation of a legally binding contract between us will only occur when
we send you a second email which confirms acceptance and contains the details
of how your goods will be delivered to you (Dispatch Confirmation).
reserve the right to decline all or part of any order for any reason whatsoever
and should this occur we will email you with the details.
recommended that you retain all e-mails relating to your order and contract.
details of your specific contract are held on file by us. Should you require
any information regarding your order, please feel free to contact us.
accept payment by debit card, credit card and PayPal.
your order is received we will process the payment for your order through the
credit or debit card or PayPal account details you have provided. In the event
of there not being sufficient stock to satisfy your order you will be informed
as soon as possible. A refund will be processed through the payment method used
for the payment of the order.
2.3We do not operate a 'cash on delivery'
will advise you if your payment details cannot be authorized for any reason and
we may then invite you to pay by another method.
prices and charges on this website are quoted in UK pounds sterling. The price
you pay for your order is that price which is displayed on the website. Prices
include VAT at the prevailing rate unless otherwise stated, but exclude
delivery charges. Delivery charges are calculated as part of the checkout
process, based on the location of your delivery address and weight of products
ordered. If we discover an error in the price of the goods you have ordered we
will inform you as soon as possible and give you the option of either
reconfirming your order at the correct price or cancelling the order. If we are
unable to contact you we will treat the order as cancelled and you will receive
a full refund.
3.1All credit and debit card payments that are made on
our website are protected by a secure connection. This secure connection
ensures that your credit or debit card is encrypted prior to being transferred
to the bank for authorisation.
3.2As an additional security measure, no credit or
debit card details submitted online are stored directly by us once your order
has been processed.
or defective goods.
4.1Every effort will be made to ensure that the goods
you have ordered arrive undamaged and without defect. If the goods are found to
be either damaged or defective in any way at the time of delivery, you must
immediately contact us on 01942 266303. If damage is discovered after delivery,
you must contact us as provided in clause 5 below.
4.2If the goods are damaged, and we are unable to
repair the item to reasonably satisfactory manufacturing standards, we will
send a replacement item upon confirmation of the damaged item's return.
4.3If the goods are found to be defective we will
refund the full amount paid by you for the goods in question (including the
delivery charges) as soon as possible, together with any return delivery
charges you may have reasonably incurred if you have undertaken to return the
items yourself, using the same form of payment originally used for the
This clause5 only applies if you are a consumer.
5.1If you are a consumer,
you have a legal right to cancel a contract under the Consumer Contracts
(Information, Cancellation and Additional Charges) Regulations 2013 during the
period set out below in clause5.3.
This means that during the relevant period if you change your mind or decide
for any other reason that you do not want to receive or keep a product, you can
notify us of your decision to cancel the contract and receive a refund. Advice
about your legal right to cancel the contract is available from your local
Citizens' Advice Bureau or Trading Standards office.
cancellation right does not apply in the case of:
goods which become mixed inseparably with other items after their delivery; or
5.2.2flower, plant, food (human and animal) or similar goods which are perishable or
liable to deteriorate or expire rapidly;
5.2.3goods which are made to your bespoke specifications or which are
personalised in any way;
5.2.4any goods with a seal where the seal is broken.
5.3Your legal right to cancel a contract starts from the date of the
Dispatch Confirmation (see clause 1.5 above), which is when the contract
between us is formed. Your deadline for cancelling the contract then depends on
what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
contract is for a single item (which is not delivered in instalments on
end date is the end of 14 days
after the day on which you receive the item.
if we provide you with a Dispatch Confirmation on 1 January and you receive
the item on 10 January you may cancel at any time between 1 January and the
end of the day on 24 January.
contract is for either of the following:
a)one item which is delivered in instalments on separate days.
b) multiple goods which are delivered on
end date is 14 days after the day
on which you receive the last instalment of the goods or the last of the
separate goods ordered.
Example:if we provide you with a Dispatch
Confirmation on 1 January and you receive the first instalment of your goods
or the first of your separate goods on 10 January and the last instalment or
last separate goods on 15 January you may cancel in respect of all instalments
and any or all of the separate goods at any time between 1 January and the
end of the day on 29 January.
contract is for the regular delivery of goods over a set period.
end date is 14 days after the day
on which you receive the first delivery of the goods.
if we provide you with a Dispatch Confirmation on 1 January in respect of
goods to be delivered at regular intervals over a year and you receive the
first delivery of your goods on 10 January, you may cancel at any time between
1 January and the end of the day on 24 January. 24 January is the last day of
the cancellation period in respect of all goods to arrive during the year.
5.4To cancel a contract,
you just need to let us know that you have decided to cancel. The easiest way
to do this is to complete the cancellation form [INSERT LINK TO FORM] on our
website. A link to the website cancellation form will also be included in the
Dispatch Confirmation.If you use this
method we will email you to confirm we have received your cancellation.
5.5You can also e-mail us at firstname.lastname@example.org or contact us by telephone on 01942
266 303 or by post to our address as detailed above. If choosing this method of
cancellation, please include all details of your order to help us to identify
it. If you send us your cancellation notice by email or by post, then your
cancellation is effective from the date you send us the email or post the
letter to us. For example, you will have given us notice in time as long as you
get your letter into the last post on the last day of the cancellation period
or email us before midnight on that day.
5.6If you cancel your contract
you the price you paid for the goods. However, please note we are permitted by
law to reduce your refund to reflect any reduction in the value of the goods,
if this has been caused by your handling them in a way which would not be
permitted in a shop (which, for the avoidance of doubt includes, without
limitation removing any plant item from its container, planting any plant item,
using the goods in the garden or home or any other handling which results in
damage to the goods).
any delivery costs you have paid, although, as permitted by law, the maximum
refund will be the costs of delivery by the least expensive delivery method we
offer (provided that this is a common and generally acceptable method). For
example, if we offer delivery of a goods within 3-5 days at one cost but you
choose to have the goods delivered within 24 hours at a higher cost, then we
will only refund what you would have paid for the cheaper delivery option.
any refunds due to you as soon as possible and in any event within the
deadlines indicated below:
i.if you have received the goods and we have
not offered to collect it from you: 14 days after the day on which we receive
the goods back from you or, if earlier, the day on which you provide us with
evidence that you have sent the goods back to us.For information about how to return a goods
to us, see clause 5.8 below;
ii.if you have not received the goods or you
have received them and we have offered to collect them from you: 14 days after
you inform us of your decision to cancel the contract.
5.7We will refund you via
the same payment method used by you to pay for the goods. If you used vouchers
to pay for the goods we may refund you in vouchers.
5.8If goods have been delivered to you before you decide to cancel
you must return it to us without undue delay and in any event not later than 14
days after the day on which you let us know that you wish to cancel the contract.
You can either send it back or return it to us in store-;
the goods are faulty or not as described (in this case, see clause 4), you will
be responsible for the cost of returning the goods to us. If the goods are
those which cannot be returned by post, we estimate that if you use the carrier
which delivered the goods to you, these costs should not exceed the sums we
charged you for delivery. If we have offered to collect the goods from you, we
will charge you the direct cost to us of collection;
5.9Because you are a
consumer, we are under a legal duty to supply goods that are in conformity with
this contract. As a consumer, you have legal rights in relation to goods that
are faulty or not as described. These legal rights are not affected by your
right of return and refund in this clause 5 or anything else in these Terms.
Advice about your legal rights is available from your local Citizens' Advice
Bureau or Trading Standards office.
6.1We reserve the right not to accept any order
6.1.1We or any
of our Suppliers have insufficient stock to deliver the goods you have ordered;
6.1.2We do not
deliver to your area;
more of the goods ordered was incorrectly described or priced on the website;
payment transaction is not authorised.
6.2If we do cancel your contract we will notify you by
email and will refund to you any sum paid by you to us in respect of the contract
as soon as possible and in any event within 14 days of the cancellation of your
order. We will not be obliged to offer any additional compensation for
7.1We may have links on this website to other websites
we think you may wish to visit. We do not vet these websites and have no
control over their contents. Bents cannot accept any liability in respect of
the use of these websites.
8.1There may be legal notices on other areas of this website
which relate to your use of this website, all of which will, together with
these terms and conditions, govern your use of this website.
to legal notices
9.1We reserve the right to change these terms and
conditions from time to time and you are invited check them as often as
9.2Unless otherwise specified, the materials on this
website are displayed solely for the purposes of promoting Bents products and
services available in the UK.
9.3At Christmas, we will be busy. Should you not
require delivery until after the Christmas/New Year period, please inform our
sales staff. We will be happy to delay your delivery until post New Year.
9.4Will it fit? If you are ordering furniture, please
remember to make a note of your furniture's dimensions and check that it will
fit into your house and your chosen room.
10.1All card transactions will be processed when your
order is complete and must be fully processed before goods are dispatched.
11.1All goods purchased will be delivered within 30 days
after the date of the Dispatch Confirmation unless agreed otherwise by you in
11.2All orders are delivered within the UK by our
chosen courier service. Please see our delivery page for an up to date list of
delivery options and prices. Occasionally, the delivery of items may be delayed
or postponed. We will, or course, make every effort to keep you informed and
discuss revised delivery timescales.
11.3If we miss the 30 day delivery deadline for any
goods then you may cancel your order straight away if any of the following
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was
essential (taking into account all the relevant circumstances); or
11.4(c) you told us before we accepted your order that
delivery within the delivery deadline was essential If you do
not wish to cancel your order straight away, you can give us a new deadline for
delivery, which must be reasonable, and you can cancel your order if we do not
meet the new deadline.
11.5If you do choose to cancel your order for late
delivery under clause11.3 or clause11.5, you can
do so for just some of the goods or all of them, unless splitting them up would
significantly reduce their value. If the goods have been delivered to you in
the meantime, you will have to return them to us or allow us to collect them,
and we will pay the costs of this. After you cancel your order we will refund
any sums you have paid to us for the cancelled products and their delivery.
12.1Before our delivery team arrives, please ensure
that there is sufficient ground floor access and that the room itself has
enough space to accommodate your new goods.
13.1Our products are manufactured to the highest
standards. Look after them according to the care instructions and it will give
you good service. Should you have any issues please contact us using the contact details above (in all cases
you will be dealt with in accordance with your legal rights).
14.1While every effort is made to meet our customers'
demands, cancellations or variations may be necessary as a result of an Act of
God, war, strike, lockout, labour dispute, fire, flood, drought, or other
causes beyond our reasonable control.
15.1Some of the goods we sell to you come with a
manufacturer's guarantee. For details of the applicable terms and conditions,
please refer to the manufacturer's guarantee provided with the goods.
15.2If you are a consumer, a manufacturer's guarantee is
in addition to, and does not affect, your legal rights in relation to products
that are faulty or not as described. Advice about your legal rights is
available from your local Citizens' Advice Bureau or Trading Standards office.
16Our liability if you are a business.
clause 16 only applies if you are a business customer.
supply the goods for internal use by your business, and you agree not to use
the goods for any resale purposes.
in these Terms limits or excludes our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
16.2.3 breach of the terms implied by section 12 of
the Sale of Goods Act 1979 (title and quiet possession); or
16.2.4 defective products under the Consumer
Protection Act 1987
to clause 16.2, we will under no circumstances whatever be liable to you,
whether in contract, tort (including negligence), breach of statutory duty, or
otherwise, arising under or in connection with the contract for:
16.3.1 any loss of profits, sales, business,
or corruption of data, information or software;
of business opportunity;
of anticipated savings;
16.3.5 loss of goodwill; or
16.3.6 any indirect or consequential loss.
to clause 16.2, our total liability to you in respect of all losses arising
under or in connection with this contract,
whether in contract, tort (including negligence), breach of statutory duty, or
otherwise, shall in no circumstances exceed the price of the products supplied
under this contract.
16.5Except as expressly stated in these Terms, we do
not give any representation, warranties or undertakings in relation to the products.
Any representation, condition or warranty which might be implied or
incorporated into these Terms by statute, common law or otherwise is excluded
to the fullest extent permitted by law. In particular, we will not be responsible
for ensuring that the products are suitable for your purposes.
liability if you are a consumer.
This clause 17only applies if you are a consumer.
17.1If we fail to comply with these Terms, we are
responsible for loss or damage you suffer that is a foreseeable result of our
breach of these Terms or our negligence, but we are not responsible for any
loss or damage that is not foreseeable. Loss or damage is foreseeable if it is
an obvious consequence of our breach or if it was contemplated by you and us at
the time we entered into this contract.
17.2We only supply the products for domestic and
private use. You agree not to use the product for any commercial, business or
resale purposes, and we have no liability to you for any loss of profit, loss
of business, business interruption, or loss of business opportunity.
17.3We do not in any way exclude or limit our liability
17.3.1death or personal injury caused by our negligence;
17.3.2fraud or fraudulent misrepresentation;
17.3.3any breach of the terms implied by section 12 of
the Sale of Goods Act 1979 (title and quiet possession);
17.3.4any breach of the terms implied by section 13 to 15
of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for
purpose and samples); and
17.3.5defective products under the Consumer Protection
18Complaints and remarks.
18.1If you have a complaint or a particular remark to
make please do not hesitate to contact us immediately by telephone or email as
set out above.
18.2Any complaint will be dealt with fairly,
effectively and confidentially. Your statutory rights as a consumer are
19.1In order to be eligible to enter into a contract
with us to purchase goods through the website you must:
- provide the required information including your real name and payment details
including your card address; provide your delivery address if different from
your card address; provide your email address and telephone number; be 18 or
20.1If any part of these terms and conditions is
unenforceable (including any provision in which we exclude our liability to
you) the enforceability of any other part of these terms and conditions will
not be affected.
21.1These terms and conditions shall be governed by and
construed in accordance with English Law and you hereby agree to be subject to
the jurisdiction of the Courts of England and Wales. All contracts are
concluded in English.
22Data Protection and Privacy
22.1Information you provide to us remains confidential.
We are committed to protecting your privacy. We will only use the information
that we collect about you lawfully and in accordance with the Data Protection
Act 1998. We collect information about you for two reasons: firstly, to process
your order and, secondly, to provide you with the best possible service. You
specifically authorise us to transmit information to or to obtain information
about you from third parties (including, but not limited to, your debit or
credit card number), to authenticate your identity, to validate your debit or
credit card and to authorize the transaction. You acknowledge that you consent
terms of which you acknowledge and agree to be bound by. Should you wish to
23.1These terms and conditions, together with our
set out the whole of our agreement relating to the supply of goods to you by
23.2Nothing said by any salesperson on our behalf
should be understood as a variation of these terms and conditions or as an
authorised representation of the nature or quality of any goods offered for sale
by us. Save for fraud or fraudulent misrepresentation, we shall have no
liability for any such representation being untrue or misleading.
25.1Bents is providing this website on an 'As is' basis
and makes no representations or warranties of any kind, whether express or
implied, in relation to this website or its contents and disclaims all such
representations and warranties. In addition, Bents makes no representations or
warranties about the accuracy, completeness, or suitability for any purpose of
the information on this website. The information contained in this website may
contain technical inaccuracies or typographical errors. All liability of Bents
howsoever arising for any such inaccuracies or errors is expressly excluded to
the fullest extent permitted by law.
26.1It is the company's policy to comply with the Code
of Practice for traders on price indications issued by the DTI Consumer and
Competition Policy Directorate.
26.2Sale reductions in this store compare with prices
that have been, or will be offered, on each item in our store for at least 28