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Terms and Conditions

These Terms and Conditions together with the web pages and documents referred to in them apply to the use of our website stewarts.co.uk and tell you the terms on which we supply any of the products listed on our website. By accessing the website and/or placing an order, you agree to be bound by these Terms and Conditions. If you do not accept these terms, please do not use this website.

1. Introduction

  • 1.1 stewarts.co.uk is a website operated by D. Stewart & Son Ltd. We are registered in England and Wales under company number 565580. Our registered office is at Unit 8 Christchurch Business Park, Radar Way, Christchurch, Dorset BH23 4FL. Our VAT registration number is 186 1847 31.
  • 1.2 Our trading address and contact details are: D. Stewart & Son Ltd, Stewarts Garden Centre, Lyndhurst Road, Christchurch BH23 4SA, email [email protected], telephone 01425 272244, and fax 01425 279723.
  • 1.3 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 with us as a customer.
  • 1.4 We may revise these terms and conditions at any time by updating this document. 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 Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website.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.
  • 1.5 If you have any concerns about material on our site, please contact us by email at [email protected].

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 by email an order acknowledgement, detailing the products you have ordered.
  • 2.2 Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made, unless we have notified you that we do not accept your order or you have cancelled your order.
  • 2.3 We may refuse at our discretion to accept an order:
    (a)where we cannot obtain authorisation for your payment;
    (b) if there has been a pricing or product description error;
    (c) if you do not meet any eligibility criteria set out in our terms and conditions.
    (d) where goods ordered by you are not available;
    (e) if we do not deliver to your area.
  • 2.4 Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 14 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
  • 2.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

3. Pricing

  • 3.1 All prices include VAT (where applicable) at the current rates.
  • 3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our Delivery and Returns policy shown elsewhere on this website.

4. Delivery

  • 4.1 We will deliver accepted orders to you as soon as possible to the address you give us for delivery, but in any event within 5 days of your order.
  • 4.2 If you do not receive goods ordered by you within 5 days of the date on which you ordered them, we shall have no liability to you unless you notify us of the problem within 10 days of our maximum delivery period from the date on which you ordered the goods. To notify us please email [email protected] or telephone 01425 272244.
  • 4.3 For our full delivery policy see the Delivery and Returns policy elsewhere on this website.

5. Returns

  • 5.1 Our products meet exacting quality control standards, but occasionally products slip through or are damaged in transit to you. Also, you may not be happy with the product you have bought and we want to make it easy for you to return the item.
  • 5.2 Please contact us straight away to discuss a return or exchange on [email protected] or 01425 272244.  Any faulty items will be refunded in full, with proof of purchase. Please note that faulty items do not include damage sustained by over use, wear and tear and abuse. For further details, please see our Delivery and Returns policy elsewhere on this website.
  • 5.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

6. Licence

  • 6.1 You are permitted to print and download extracts from this website for your own private 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.
  • 6.2 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 such material other than in accordance with this clause for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use such material automatically terminates and you must immediately destroy any such material.
  • 6.3 Subject to this clause, no part of such materials may be reproduced, displayed, modified, sold or stored without our prior written permission.
  • 6.4 Any rights not expressly granted in these terms are reserved.

7. Service Access

  • 7.1 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.
  • 7.2 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.

8. Visitor Material and Conduct

  • 8.1 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.
  • 8.2 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).
  • 8.3 You may not misuse the website (including, without limitation, by hacking, impersonating any person or entity or falsely misrepresent your affiliation with a person or entity, ‘stalk’ or harass another or collect or store personal data about other users).
  • 8.4 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 these terms and conditions.
  • 8.5 It is your responsibility to determine that your input into our site, including your choice of your user name, conforms to the above conditions.
  • 8.6 If you notice any content which breaches these conditions, please notify us by email to [email protected]

9. Links to and from Other Websites

  • 9.1 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.
  • 9.2 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 Stewarts 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 Stewarts trade mark 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.
  • 9.3 We expressly reserve the right to revoke the right to link to this website for breach of these terms and to take any action we deem appropriate.

10. Registration

  • 10.1 To register with stewarts.co.uk you must be at least 18 years of age.
  • 10.2 Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
  • 10.3 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.
  • 10.4 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.

11. Disclaimer

  • 11.1 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.
  • 11.2 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.

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 where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
  • 12.2 We do not warrant that materials, services or information 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.