WELCOME TO THE SWH Supplies WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.swhsupplies.co.uk. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The www.swhsupplies.co.uk website is operated by:
SWH Supplies.
Our VAT registration number is 98-0994-070
Our contact details are as follows:
1. INTRODUCTION
1.1 You will be able to access most areas of this Website
without registering your details with us. Certain areas
of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any
time by updating this posting. You should check this
Website from time to time to review the then current
terms and conditions, because they are binding on you.
Certain provisions of these terms and conditions may
be superseded by expressly designated legal notices
or terms located on particular pages of this Website.
If you do not wish to accept any new terms and conditions
after we have given notice, you should not continue
to use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering
via our online checkout process. As part of our checkout
process you will be given the opportunity to check your
order and to correct any errors. We will send you an
order acknowledgement, detailing the products you have
ordered.
2.2 Our acceptance of an order takes place when we despatch
the order. We will send you a despatch confirmation
by email. When we despatch the order the purchase contract
will be made even if your payment has been processed
immediately, unless we have notified you that we do
not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description
error; or
(d) if you do not meet any eligibility criteria set
out in our terms and conditions.
3. PRICING
3.1 All prices include VAT (where applicable) at the
current rates. We reserve the right to express the price
exclusive of VAT, but we shall show VAT separately and
include it in the total price.
3.2 Where we charge separately for packing, carriage
and insurance and other relevant charges, the appropriate
rates are set out in our specified pricing structure
shown elsewhere on this Website.
3.3 Our prices are reviewed monthly.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to sales@swhsupplies.co.uk
before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you,
by returning goods to us in accordance with clause 4.2
below.
4.2 You can return goods you have ordered from us for
any reason at any time within 14 days of receipt for
a full refund or exchange. The costs of returning goods
to us shall be borne by you.
4.3 Upon receipt of the goods we will give you a full
refund of the amount paid or an exchange credit as required.
4.4 The rights to return the goods to us as referred
to in clause 4.3 will not apply in the following circumstances:
-
in the event that the product has been used to any products
that we have made or customised specifically for you
to any products that by their nature have a limited
lifespan, such as flowers and fresh food The provisions
of this clause 4.4 do not affect your statutory rights.
5. LICENCE
5.1 You are permitted to print and download extracts
from this Website for your own use on the following
basis:
(a) no documents or related graphics on this Website
are modified in any way;
(b) no graphics on this Website are used separately
from accompanying text; and
(c) any of our copyright and trade mark notices and
this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other
intellectual property rights in all material on this
Website (including without limitation photographs and
graphical images) are owned by us or our licensors.
For the purposes of these terms and conditions, any
use of extracts from this Website other than in accordance
with clause 5.1 above for any purpose is prohibited.
If you breach any of the terms in these terms and conditions,
your permission to use this Website automatically terminates
and you must immediately destroy any downloaded or printed
extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may
be reproduced or stored in any other website or included
in any public or private electronic retrieval system
or service without our prior written permission.
5.4 Any rights not expressly granted in these terms
are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is
normally available 24 hours a day, we will not be liable
if for any reason this Website is unavailable at any
time or for any period.
6.2 Access to this Website may be suspended temporarily
and without notice in the case of system failure, maintenance
or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information,
which is covered under the Privacy Policy,
any material you transmit or post to this Website will
be considered non-confidential and non-proprietary.
We will have no obligations with respect to such material.
We and our nominees will be free to copy, disclose,
distribute, incorporate and otherwise use such material
and all data, images, sounds, text and other things
embodied therein for any and all commercial or non-commercial
purposes.
7.2 You are prohibited from posting or transmitting
to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent,
seditious, offensive, pornographic, abusive, liable
to incite racial hatred, discriminatory, menacing, scandalous,
inflammatory, blasphemous, in breach of confidence,
in breach of privacy or which may cause annoyance or
inconvenience;
(b) for which you have not obtained all necessary licences
and/or approvals;
(c) which constitutes or encourages conduct that would
be considered a criminal offence, give rise to civil
liability, or otherwise be contrary to the law of or
infringe the rights of any third party, in the UK or
any other country in the world; or
(d) which is technically harmful (including, without
limitation, computer viruses, logic bombs, Trojan horses,
worms, harmful components, corrupted data or other malicious
software or harmful data).
7.3 You may not misuse the Website (including, without
limitation, by hacking).
7.4 We will fully co-operate with any law enforcement
authorities or court order requesting or directing us
to disclose the identity or locate anyone posting any
material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are
provided solely for your convenience. If you use these
links, you leave this Website. We have not reviewed
all of these third party websites and do not control
and are not responsible for these websites or their
content or availability. We therefore do not endorse
or make any representations about them, or any material
found there, or any results that may be obtained from
using them. If you decide to access any of the third
party websites linked to this Website, you do so entirely
at your own risk.
8.2 If you would like to link to this Website, you may
only do so on the basis that you link to, but do not
replicate, the home page of this Website, and subject
to the following conditions:
(a) you do not remove, distort or otherwise alter the
size or appearance of the SWH Supplies logo;
(b) you do not create a frame or any other browser or
border environment around this Website;
(c) you do not in any way imply that we are endorsing
any products or services other than our own;
(d) you do not misrepresent your relationship with us
nor present any other false information about us;
(e) you do not otherwise use any SWH Supplies trade
marks displayed on this Website without our express
written permission;
(f) you do not link from a website that is not owned
by you; and
(g) your website does not contain content that is distasteful,
offensive or controversial, infringes any intellectual
property rights or other rights of any other person
or otherwise does not comply with all applicable laws
and regulations.
We expressly reserve the right to revoke the right granted
in this clause 8.2 for breach of these terms and to
take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage
we or any of our group companies may suffer or incur
as a result of your breach of clause 8.2.
9. REGISTRATION
9.1 To register with www.swhsupplies.co.uk you must
be over eighteen years of age.
9.2 Each registration is for a single user only. We
do not permit you to share your user name and password
with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords
issued rests with you and if you know or suspect that
someone else knows your password, you should contact
us immediately.
9.4 We may suspend or cancel your registration immediately
at our reasonable discretion or if you breach any of
your obligations under these terms and conditions.
10. DISCLAIMER
10.1 While we endeavour to ensure that the information
on this Website is correct, we do not warrant the accuracy
and completeness of the material on this Website. We
may make changes to the material on this Website, or
to the products and prices described in it, at any time
without notice. The material on this Website may be
out of date, and we make no commitment to update such
material.
10.2 The material on this Website is provided “as
is” without any conditions, warranties or other
terms of any kind. Accordingly, to the maximum extent
permitted by law, we provide you with this Website on
the basis that we exclude all representations, warranties,
conditions and other terms (including, without limitation,
the conditions implied by law of satisfactory quality,
fitness for purpose and the use of reasonable care and
skill) which but for these terms and conditions might
have effect in relation to this Website.
11. LIABILITY
11.1 We, any other party (whether or not involved in
creating, producing, maintaining or delivering this
Website), and any of our group companies and the officers,
directors, employees, shareholders or agents of any
of them, exclude all liability and responsibility for
any amount or kind of loss or damage that may result
to you or a third party (including without limitation,
any direct, indirect, punitive or consequential loss
or damages, or any loss of income, profits, goodwill,
data, contracts, use of money, or loss or damages arising
from or connected in any way to business interruption,
and whether in tort (including without limitation negligence),
contract or otherwise) in connection with this Website
in any way or in connection with the use, inability
to use or the results of use of this Website, any websites
linked to this Website or the material on such websites,
including but not limited to loss or damage due to viruses
that may infect your computer equipment, software, data
or other property on account of your access to, use
of, or browsing this Website or your downloading of
any material from this Website or any websites linked
to this Website.
11.2 Nothing in these terms and conditions shall exclude
or limit our liability for (i) death or personal injury
caused by negligence (as such term is defined by the
Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation
as to a fundamental matter; or (iv) any liability which
cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results
in the need for servicing, repair or correction of equipment,
software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold
us, and our officers, directors, employees and agents,
harmless from and against all claims, liability, damages,
losses, costs (including reasonable legal fees) arising
out of any breach of the terms and conditions by you,
or your use of this Website, or the use by any other
person using your registration details.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by
and construed in accordance with English law. Disputes
arising in connection with these terms and conditions
shall be subject to the exclusive jurisdiction of the
English courts.
12.2 We do not warrant that materials/items for sale
on the Website are appropriate or available for use
outside the United Kingdom. It is prohibited to access
the Website from territories where its contents are
illegal or unlawful. If you access this Website from
locations outside the United Kingdom, you do so at your
own risk and you are responsible for compliance with
local laws.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer
any of your rights under these terms and conditions
13.2 If any provision of these terms and conditions
is found by any court of competent jurisdiction to be
invalid, the invalidity of that provision will not affect
the validity of the remaining provisions which shall
continue to have full force and effect.
13.3 Only the parties to these terms and conditions
may seek to enforce them under the Contracts (Rights
of Third Parties) Act 1999.
PRIVACY POLICY
SWH Supplies is committed to preserving the privacy of all visitors to our website at www.swhsupplies.co.uk. Please read the following privacy policy to understand how we use and protect the information that you provide to us.
By registering or placing an order on this website, you consent to the collection, use and transfer of your information under the terms of this policy.
INFORMATION THAT WE COLLECT FROM YOU
When you visit, register or order products or services on www.swhsupplies.co.uk you may be asked to provide certain information about yourself including your name, contact details and credit or debit card information.
We may also collect information about your usage of our website as well as information about you from messages you post to the website and e-mails or letters you send to us.
To maintain customer service standards and to assist staff training, we may record and monitor incoming calls.
USE OF YOUR INFORMATION
Your information will enable us to provide you with access to all parts of our website and to supply the goods or services you have requested. It will also enable us to bill you and to contact you where necessary concerning your orders. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business.
In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the website or our services. Further, where you have consented, we might also use your information to let you know by email about other products and services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please let us know.
DISCLOSURE OF YOUR INFORMATION
The information you provide to us may be accessed by or given to third parties some of whom may be located outside the European Economic Area who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information, fulfil and deliver orders, process credit card payments and provide support services on our behalf. We may also pass aggregate information on the usage of our website to third parties but this will not include information that can be used to identify you.
Where you have consented when providing us with your
details, we may also allow other companies in our group,
to contact you occasionally about products and services
which may be of interest to you. They may contact you
by e-mail. If you change your mind about being contacted
by these companies in the future, please let us know
at sales@swhsupplies.co.uk
Finally, if our business enters into a joint venture
with or is sold to or merged with another business entity,
your information may be disclosed to our new business
partners or owners.
Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this policy.
Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.
COOKIES
Cookies are small amounts of information which we may store on your computer. Unless you have indicated your objection when disclosing your details to us, our system will issue cookies to your computer when you log on to the site. Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor website traffic and to personalise the content of the site for you. You may set up your computer to reject cookies by following the relevant instructions which can be found at www.aboutcookies.org. In that case, you may not be able to use certain features on our site. If you do not wish to receive cookies in the future, please let us know at sales@swhsupplies.co.uk.
SECURITY AND DATA RETENTION
We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.
ACCESSING AND UPDATING
You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us at sales@swhsupplies.co.uk. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you.
CHANGES TO OUR PRIVACY POLICY
Any changes to our privacy policy in the future will be posted to the website and, where appropriate, through e-mail notification.
CONTACT
All comments, queries and requests relating to our use of your information are welcomed and should be addressed to:
South West Horticultural Supplies
P.O. Box 97
Crediton
Devon EX17 9AD
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