Terms and Conditions

Delivery Terms

For Delivery terms, see our Shipping and Delivery page

 

Terms & conditions

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply goods to you. 

1.2 Why you should read them. Please read these terms carefully before you submit an order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. 

 

2. Information about us and how to contact us

2.1 Who we are. We are Bay View Gardens Limited, a company registered in England and Wales with company number 10693524, and our registered office is at Bay View Garden Centre, Mill Lane, Bolton Le Sands, Carnforth, LA5 8ET. Our registered VAT number is 267705674. 

2.2 Contact. You can contact us by telephoning our customer service team on 01524 958010 or by writing to us at [email protected]. If we have to contact you we will do so by telephone or by writing to you at the email address you provided in your order. When we use the words "writing" or "written" in these terms, this includes emails.

 

3. Our contract with you

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to acknowledge it, at which point a contract will come into existence between you and us. 

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be for example because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product. 

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 We only sell to the UK. Our website is solely for the promotion of our goods in the UK (see clause 7.1 for a list of our delivery locations and respective delivery costs). Unfortunately, we do not accept orders from, or deliver to, addresses outside the UK.

 

4. Our goods

4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because certain goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.

4.2 Product packaging may vary. The packaging of goods may vary from that shown in images on our website. 

 

5. Your rights to make changes

If you wish to make a change to your order please contact us as soon as possible and we will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see 8 - Your rights to end the contract).

 

6. Our rights to make changes

We may make minor changes to goods, for example to reflect changes in relevant laws and regulatory requirements. Any such changes will not materially affect the quality or use of any goods.  If we make any significant changes to goods you have ordered we will notify you and you may then cancel your order and receive a refund if you do not wish to proceed. 

 

7. Providing the goods

7.1 Delivery costs. The costs of delivery will be as displayed on our website at https://bayviewgardencentre.co.uk/contact.  Please note that we only deliver to addresses within mainland UK. For deliveries to Scottish Highlands and Islands, please call us for a delivery quote on 01524 958010 or email [email protected].

7.2 When we will provide the goods. During the order process we will let you know when we will provide the goods to you. Unless we have advised you otherwise, we aim to deliver all goods within five working days of your order being accepted.

7.3 We are not responsible for delays outside our control. If our supply of goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received. 

7.4 Collection by you. If you asked at the time of ordering to collect the goods from Bay View Garden Centre, you can collect them from us at any time during our working hours Monday to Saturday 9am to 5:30pm once we have contacted you to notify you the goods are ready.

7.5 Proof of age.  If you are buying alcohol or other age-restricted goods, we reserve the right to require photographic proof of ID prior to handing over the relevant goods.

7.6 If you are not at home when a product is delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, our selected carrier will leave you a note informing you of how to rearrange delivery.  Pallet deliveries will be subject to an additional charge, should they require rearrangement if sufficient notice has not been provided to us in advance.  

7.7 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and 10.2 will apply.

7.8 When you become responsible for the goods. Goods will be your responsibility from the time we deliver them to the address you gave us or you collect it from us.

7.9 When you own goods. You own goods once we have received payment in full.

7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you, for example, any measurements relevant to goods you have ordered or details for any personalised items. If so, this will have been stated in the description of the goods on our website and/or requested during the online order process. We will contact you to ask for any missing information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 

7.11 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of a product to:

(a) deal with technical problems;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see 6).

7.12 Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of a product, unless the problem is urgent or an emergency. You may contact us to cancel your order for a product if we suspend it, or tell you we are going to suspend it, for a period of more than two weeks and we will refund any sums you have paid in respect of that product.

7.13 We may also suspend supply of the goods if you do not pay. If you do not pay us for the goods when you are supposed to (see 12.4) or any such payment is rejected, and you still do not make payment within five days of us reminding you that payment is due, we may suspend the supply of goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply. As well as suspending the goods we can also charge you interest on your overdue payments (see 12.5).  

 

8. Your rights to end the contract

8.1 You can always end your contract with us.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to have the product repaired or replaced, or to receive some or all of your money back), see 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see 8.2;
(c) If you have just changed your mind about the product, see 8.3. You may be able to receive a refund if you are within the cooling-off period, but this may be subject to deductions (see clause 9.6) and you will have to return the goods to us or pay the costs of return of any goods (see clauses 9.2, 9.3 and 9.4); 
(d) In all other cases (if we are not at fault and there is no right to change your mind), see 8.6.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for one of the reasons set out below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming significant change to a product which you do not agree to (see 6);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the goods may be significantly delayed because of events outside our control; 
(d) we suspend supply of the goods, or notify you we are going to suspend supply, as described in clause 7.12, in each case for a period of more than two weeks; or
(e) you have a legal right to end the contract because of something we have done wrong. 

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below. 

8.4 When you don't have the right to change your mind.  You do not have a right to change your mind in respect of:

(a) any food or drink items with a short shelf life;
(b) any goods that have been personalised or otherwise made to order;
(c) goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d) sealed audio or sealed video recordings, once these goods are unsealed after you receive them; and 
(e) any goods which become mixed inseparably with other items after their delivery.

8.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days, in which case you have until 14 days after the day the last delivery is received.

8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still cancel an order before it is delivered but you may have to pay us compensation. If you want to cancel an order before it is delivered where we are not at fault and you do not have a legal right to change your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.

 

9. How to end the contract with us (including if you have changed your mind)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:  

(a) Phone or email. Call customer services on 01524 958010 or email us at [email protected]. Please provide your name, home address, details of the order, your order number (see clause 3.3) and, where available, your phone number and email address. 
(b) Online. Complete the contact form on our website.
(c) By post. Write to us at Bay View Garden Centre, Mill Lane, Bolton Le Sands, Carnforth, LA5 8ET, including details of what you bought, when you ordered or received it and your name and address. 

9.2 Returning goods after ending the contract. If you cancel an order for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person if you collected them, post them back to us at Bay View Garden Centre, Mill Lane, Bolton Le Sands, Carnforth, LA5 8ET or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01524 958010 or email us at [email protected] for a return label or to arrange collection.  If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to cancel the order. 

9.3 When we will pay the costs of return. We will pay the costs of return:

(a) if the goods are faulty, damaged or misdescribed;
(b) if you are ending the contract because we have told you of a significant change to the product, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return, which will be £4.99 unless we advise you otherwise.   

9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, which will be £4.99 unless we advise you otherwise.

9.5 How we will refund you.  We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind: 

(a) We may reduce your refund of the price (excluding delivery costs) 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. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an amount which we deem appropriate. 
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if you choose to have a product delivered in a shorter timescale at a premium cost, we will only refund what you would have paid for the cheaper standard delivery option.

9.7 When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

 

10. Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within five days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example relating to any personalisation; or
(c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in 10.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

 

11. If there is a problem with the product

11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 01524 958010 or email us at [email protected]. 

11.2 Summary of your legal rights. We are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms will affect your legal rights.

Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If you are buying goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can receive an immediate refund.   b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.   c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.    See also 8.3.

11.3 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods, or to change your mind, you must either return the goods in person, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please see clause 9 for details.

 

12. Price and payment

12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that prices are correct. However please see 12.3 for what happens if we discover an error in the price of the product you order. 

12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong. It is always possible that, despite our efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4 When you must pay and how you must pay. We accept payment with Visa and Mastercard debit and credit cards. Payment for the goods is taken at the point of order, orders will only confirmed and processed after a successful payment has been taken.. 

12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. 

 

13. Our responsibility for loss or damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summarised at clause 11.2; and for defective goods under the Consumer Protection Act 1987.

13.3 We are not liable for business losses. We only supply goods for domestic and private use. If you use goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

 

14. How we may use your personal information. 

We will only use your personal information as set out in our privacy policy.

 

15. Other important terms

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if, for example, that transfer requires another person to make payment to us and we have concerns about their ability to pay. 

15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you fail to make payment but we continue to provide the goods, we can still require you to make the payment at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.

15.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.