The contract between us:
We must receive payment of the whole of the price for thegoods that you order before your order can be accepted. Once payment has beenreceived by us, we will confirm that your order has been accepted by sending anemail to you at the email address you provide in your order form. Ouracceptance of your order brings into existence a legally binding contractbetween us.
Our right to refuse your order:
We reserve the right to refuse to accept your order for any reason including, without limitation and whether or not payment has been received by us, if:
we have insufficient stock to deliver the goods you haveordered;
we do not deliver to your area; or
one or more of the goods you ordered was listed at anincorrect price due to a typographical error or an error in the pricinginformation received by us from our suppliers.
If we do refuse your order we will notify you by e-mail andwill refund your account any sum deducted by us from your credit card as soonas possible but in any event within 30 days of your order. We will not beobliged to offer any additional compensation for disappointment suffered.
Price:
The prices payable for goods that you order are as set outin our website. You may be required to pay extra for delivery and it might notbe possible for us to deliver to some locations.
Right for you to cancel your contract:
You may cancel your contract with us for the goods you orderat any time up to the end of the 30th day from the day after the date youreceive the ordered goods. You do not need to give us any reason for cancellingyour contract nor will you have to pay any penalty.
To cancel your contract you must notify us in writing oremail to Info@enjoi.co.uk If you have received the goods before you cancel yourcontract, then you must send the goods back to our contact address at your owncost and risk. If you cancel your contract but we have already processed thegoods for delivery you must not unpack the goods when they are received by youand you must send the goods back to us at our contact address at your own costand risk as soon as possible.
Once you have notified us that you are cancelling yourcontract, any sum debited to us from your credit card will be re-credited toyour account as soon as possible and in any event within 30 days of your order.
If you cancel the contract but do not return the goods to usin the condition they were in when delivered to you or do not pay the costs ofdelivery, we shall be entitled to deduct the direct costs of recovering thegoods from the amount to be re-credited to you.
Delivery of goods to you:
We will deliver the goods ordered by you to the address yougive us for delivery at the time you make your order.
Delivery will be made as soon as possible after your orderis accepted and in any event within 30 days of your order.
You will become the owner of the goods you have ordered whenthey have been delivered to you. Once goods have been delivered to you, theywill be held at your own risk and we will not be liable for their loss ordestruction.
Returns Policy:
If for any reason you are unhappy with your purchase, youcan return it to us in its original unused condition within 30 days of the dateyou received the item and we will issue a full refund for the cost of the item.If you wish to return goods to us, you must send them back to us at our contactaddress at your own cost and risk. Please let us know that you have processed areturned item. We will be unable to issue refunds for items that we do notreceive.
You have the right to cancel your order within thirty daysof receiving your purchase. This thirty day period begins the day after youreceive the items from us. Please notify us in writing or via email withinthirty days that you wish to cancel your order and that you intend to returnthe item(s) and we will be happy to offer you a full refund on the cost of theitems and the original delivery charge you paid on your order for us to sendthe goods to you (if applicable).
We are unable to exchange items that are not damaged,defective or incorrect. If you receive an incorrect item then please contact usfirst, we are unable to refund the cost of a returned delivery.
In the event of us sending you a replacement for a damaged,defective or wrong item, you must return the item to us within 30 days. Wereserve the right to charge the price of the replacement item to the paymentcard used for the original order if you do not return the item within 30 daysof receiving the replacement item.
Our returns policy does not affect your statutory rights.
Our returns address:
Chessington Nurseries Ltd
Trading as Chessington Garden Centre
Leatherhead Road
Chessington Surrey
KT9 2NG
Liability:
If the goods we deliver are not what you ordered or aredamaged or defective or the delivery is of an incorrect quantity, then (exceptwhere you are dealing as a consumer within the meaning of the Unfair ContractTerms Act 1977) we shall have no liability to you unless you notify us inwriting at our contact address of the problem within 3 working days of thedelivery of the goods in question.
If you do not receive goods ordered by you within 30 days ofthe date on which you ordered them, then (except where you are dealing as aconsumer) we shall have no liability to you unless you notify us in writing atour contact address of the problem within 40 days of the date on which youordered the goods.
If you notify a problem to us under this condition then atyour option we will either:
make good any shortage or non-delivery;
replace or repair any goods that are damaged or defective;or
refund to you the amount paid by you for the goods inquestion in whatever way we choose.
and (except where you are dealing as a consumer) we shallhave no further liability to you. Save as precluded by law and except where youare dealing as a consumer, we will not be liable to you for any indirect orconsequential loss, damage or expenses (including loss of profits, business orgoodwill) howsoever arising out of any problem you notify to us under thiscondition and we shall have no liability to pay any money to you by way ofcompensation other than to refund to you the amount paid by you for the goodsin question under the clause above.
You must observe and comply with all applicable regulationsand legislation, including obtaining all necessary customs, import or otherpermits to purchase goods from our site. The importation or exportation ofcertain of our goods to you may be prohibited by certain national laws. We makeno representation and accept no liability in respect of the export or import ofthe goods you purchase.
Notwithstanding the foregoing, nothing in these terms andconditions is intended to limit any rights you might have as a consumer underapplicable local law or other statutory rights that may not be excluded nor inany way to exclude or limit our liability to you for any death or personalinjury resulting from our negligence.
Events beyond our control:
We shall have no liability to you for any failure to delivergoods you have ordered or any delay in doing so or for any damage or defect togoods delivered that is caused by any event or circumstance beyond ourreasonable control including, without limitation, strikes, lock-outs and otherindustrial disputes, breakdown of systems or network access, flood, fire,explosion or accident.
Invalidity:
If any part of these terms and conditions is unenforceable(including any provision in which we exclude our liability to you) theenforceability of any other part of these conditions will not be affected tothe extent that they are capable of continuing in force without theunenforceable term or condition. Privacy: You acknowledge and agree to be boundby the terms of our privacy policy.
Third party rights:
Except for our affiliates, directors, employees orrepresentatives, a person who is not a party to this agreement has no rightunder the UK Contracts (Rights of Third Parties) Act 1999 to enforce any termof this agreement but this does not affect any right or remedy of a third partythat exists or is available apart from that Act.
Governing law:
The contract between us shall be governed by and interpretedin accordance with English law and the English courts shall have jurisdictionto resolve any disputes between us. Entire agreement These terms andconditions, together with our current website prices, delivery details, contactdetails and privacy policy, set out the whole of our agreement relating to thesupply of the goods to you by us and except where you are dealing as aconsumer:
Nothing said by any sales person on our behalf should beunderstood as a variation of these terms and conditions or as an authorisedrepresentation about the nature or quality of any goods offered for sale by us;and, save for fraud or fraudulent misrepresentation, we shall have no liabilityfor any such representation being untrue or misleading.