These terms and conditions were last updated on 22/04/14
1. Introduction
1.1 These terms & conditions set out the terms between you the customer and Livingreen Design Ltd (referred to in this document as 'The Company') and shall apply to all goods supplied by The Company whether manufactured or supplied wholesale. These Terms & Conditions overrule any Terms and Conditions supplied by a customer with any order and are the only Terms & Conditions under which products will be supplied by Livingreen Design Ltd.
1.2 Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.
1.3 You should not use this website if you do not accept with these terms & conditions in full.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
2.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
2.5 We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
3. Privacy
We take your privacy seriously. We are registered under and comply with the Data Protection Act 1998. For further details please see our Privacy Policy.
4. Product Pricing and Title
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.
4.2 We reserve the right to alter all product pricing without notice.
4.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
4.4 The Company reserves the right to recover any goods supplied to the customer irrespective of where the goods are located or on whose premises the goods are located until full payment has been received.
4.5 All prices are subject to VAT
4.6 All prices EXCLUDE packing, packaging and delivery charges.
4.7 Overdue accounts will be charged interest in accordance with government guidelines as detailed in 'The Late Payment Commercial Debt Regulations 2002'
5. Your Order
5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
5.2 All orders however received will be confirmed to you by our sales office in writing within 48 hours of receipt stating order details, week of delivery and if delivery charges will be levied. This is our understanding of your order and you must notify us immediately of any mistakes, however caused, or we will not entertain claims for discrepancies of any sort.
5.3 All orders placed with The Company are final and cannot be cancelled once a confirmation note has been supplied to the customer. Orders cancelled prior to the confirmation note being received will incur a 10% cancellation charge.
5.4 Product items not included within the dispatch email are not included in the order and contract between you and us.
5.5 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.6 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
5.7 Not all the planters we sell are supplied as watertight and if you have any doubt you must check with the sales office at the time of ordering. Even where planters are supplied watertight the onus is on the customer to check this prior to installation on site. Planters can leak on site due to damage sustained in planting, delivery or while in situ and therefore no credit claims for damage to third party property will be entertained by The Company for damage allegedly sustained from leaking planters. The Company will repair free of charge any planters sold as watertight that are found to be leaking prior to planting.
5.8 All colours and photos on the website and in our brochure are approximations only. The Company will not entertain any claims based on colour discrepancy. In order to be sure of exact colour matches please request samples or consult a correctly printed colour chart.
5.9 Order confirmation and invoices will only be supplied by email. Please ensure you provide valid email addresses for both, at the time of ordering.
5.10 Credit card details are captured on a secured page and are transferred using industry standard SSL encryption to our payment provider, SagePay. You bank may require you to enter additional authorisation passwords (e.g. 3D Secure / Verified by Visa) at checkout.
5.11 All Planters are designed to be stood on level, flat surfaces with the base fully supported across its length and breadth. Standard planters cannot be placed on ‘feet’, batons or any other kind of support that creates a pressure point in a localised area. This will cause the planters to buckle, distort and ultimately, fail. The same effect can be caused by cobbles or pavers. Bases for use with supports or for uneven ground can be engineered into any of our ranges for extra cost so please ask for a quotation. LGD will not accept claims for any damage to its planters caused by placing them on uneven surfaces, including cobbles, or by raising them off the ground on feet, batons or runners of any sort.
5.12 When trade customers place an order, all orders are final.
5.13 Natural finishes have not only the look but also behave like the real material, weathering naturally if outdoors. However, the surfaces will mark clothes if brushed against so use indoors only in low footfall areas. Rust can be matt lacquered to avoid this problem on request. The company will not entertain any claim relating to damages or cleaning of clothes or surfaces relating to these finishes.
6. Shipping and Customs Duty
6.1 All orders received by us are shipped subject to availability.
6.2 All products are manufactured to order and are not held in stock. You will be given and estimated delivery date with the confirmation of your order that will not normally exceed 5 weeks from the date of order. If a longer delivery date is given, you will be offered the opportunity to cancel your order and receive a full refund.
6.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.
6.4 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
6.5 All delivery dates provided are best estimates only and are NOT GUARANTEED as all products are manufactured to order and unforeseen delays can arise during the manufacturing process. Livingreen Design Ltd will not be held liable for any loss of profit claims or any additional incurred costs resulting from incorrect/late deliveries or damaged goods. We also cannot be held responsible for disruption to deliveries caused by industrial disputes or any action of the courier concerned which is outside our direct control.
7. Cancellation Rights, Returns and Refunds
7.1 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 7 working days from the day after you receive your goods.
7.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.
7.3 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.
7.4 Goods that are sealed or shrink-wrapped and this is removed can only be returned if they are defective.
7.5 No right of cancellation exists for personalised goods or custom made items, unless defective.
7.6 If goods are delivered by carrier by signing the delivery document you are accepting that there are no discrepancies or damaged goods. You must check the consignment thoroughly before signing. If goods are signed for without comment then it is important to note that the Company will accept no claims for damaged or missing goods from that consignment as we are unable to claim insurance ourselves. If you are in any doubt at all you MUST sign for the goods as DAMAGED
7.7 Damaged or missing goods must be reported, in writing with photographic evidence, within 24 hours of receipt or credit claims will not be entertained.
7.6 Please observe the following procedure for all returns to us:
7.6.1 On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return.
7.6.2 If you are returning your product because it is defective, please state the defect or defects.
7.6.3 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state.
7.8 If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
7.9 You are responsible for paying any postage or shipping costs incurred when returning the product.
7.10 We recommend that all returns be sent by registered post, so that a record of the return is available for you.
7.11 We will not issue refunds for any items lost or stolen in transit to us.
7.12 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
7.13 Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product.
7.14 We will also refund the cost of standard or recorded postage incurred returning a product, if incorrectly sent by us or where the product has been returned due to a defect. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.
8. Customer Complaints
We endeavour to respond to all customer complaints or queries within five working days.
9. Faulty Products
Where you experience a fault with a product it can be returned to us subject to our returns policy above.
10. Events outside our control
We shall not be liable for delay or failure to perform any obligation under these terms & conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
11. Licence
11.1 We grant you a licence to access the content, information and services contained within our website for personal use only.
11.2 This licence allows you to download and cache (using your browser) individual pages from our website.
11.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
11.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
11.5 Our website cannot be placed within the frame-set of another site.
11.6 Third parties are not allowed to "deep link" to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
11.7 The restriction on "deep linking" does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
12. Copyright
12.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.
12.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
13. User Generated Content
13.1 Where the facility exists you may provide reviews or public feedback on the website of products purchased by you, also known as user-generated content.
13.2 Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.
13.3 As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.
13.4 Such content shall not infringe the intellectual property rights of any other party. Furthermore the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.
13.5 We reserve the right to remove any content, which breaches or risks breaching these terms and conditions.
13.6 However, we shall not assume any responsibility for auditing or monitoring any user generated content.
13.7 Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details listed at the end of these terms and conditions.
14. Limitations and Exclusions of Liability
14.1 Where content and information is provided on the website without charge we exclude all liability for such content and information.
14.2 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.
14.3 All indirect, consequential or special losses or damage are all excluded.
14.4 All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.
14.5 All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.
14.6 These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.
14.7 These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.
14.8 These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.
15. Indemnity
By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.
16. Variation
We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
17. Assignment
We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.
18. Severability
The foregoing paragraphs, sub-paragraphs and clauses of these terms & conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
19. Waiver
Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
20. Third Parties
These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.
21. Entire Terms & Conditions
These terms & conditions set out the entire agreement and understanding between you and us.
22. Your Specific Statutory Rights
Where acting as a consumer your statutory rights are unaffected by these terms and conditions where these terms and conditions specifically contradict or limit your statutory rights as a consumer..
23. Jurisdiction
These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
