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Terms and Conditions


Terms & Conditions

Important Notice

This site contains information for the personal reference of users about The Growing Obsession, their products, the products they are licensed to distribute and the procedures for making creative submissions to The Growing Obsession. This screen contains the terms upon which you may access the information provided by The Growing Obsession. By accessing any page of our website and/or ordering products from us, you agree to be bound by these terms. If you do not agree to be bound by these terms and conditions you may not use or access this Website.

Before you place an order, if you have any questions relating to these terms and conditions please contact us by e-mail, telephone 07796 950860 between 9.00am and 4pm. Outside these hours you may have to leave a message. We will get back to by phone or email within 24 hours.

Definitions

“Conditions” means these terms and conditions and the Special Conditions; “Product” means a product displayed for sale on the Website; “Product Description” means that part of the Website where certain terms and conditions in respect of the individual Product are provided; “Special Conditions” means the terms and conditions in the Product Description; “Users” means the users of the Website collectively and “You” means a user of this Website; “Personal Information” means the details provided by you when you create an account with us; “We/us” means The Growing Obsession; “Website” means the website located at www.thegrowingobsession.co.uk or any subsequent URL which may replace it; “Cookies” means small text files which our Website may place on your computer’s hard drive to store information about your shopping session and to identify your computer; “United Kingdom” means England, Wales, Scotland, Northern Ireland but for delivery purposes does not include the Channel Islands.

Use of the website

Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration

You warrant that:

The Personal Information which you are required to provide when you create an account as a customer is true, accurate, up to date and complete in all respects; and

You will notify us immediately of any changes to the Personal Information by updating the details on your account.

You agree not to use a false name or false details in any item of Personal Information.

Privacy policy

We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation.

When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, invoice address/delivery address, telephone number, product selections and if you select the account login option, a password. We may also collect information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, and any search terms that you entered on our website (“User Information”). We may collect this information even if you do not register with us.

You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.

We confirm that any Personal Information which you provide to us or which is available on public registers and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner’s Office. We use your information only for the following purposes:

Processing your orders;

For statistical purposes to improve this Website and the service to you;

To modify website content;

To administer this website;

If you consent, to notify you of products or special offers that may be of interest to you.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003 or any subsequent act with a similar intent. When you create an account while ordering online you will be given the option to receive information from The Growing Obsession about products, promotions or special offers which we feel may be of interest to you. You understand that you can unsubscribe from receiving such marketing information from us at any time but understand that we may need to contact you for reasons other than to provide information about our products.

The relevant parts of Your Personal Information may be disclosed to reputable third parties who will help process your order. The Growing Obsession requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. We will only your Personal Information to third party companies for mailing or marketing purposes if you have given us express permission to do so by leaving the relevant box on your registration page unchecked. We will not release email addresses or phone numbers to third parties unless required to do so for delivery purposes as outlined above.

If we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and/or User Information you should be aware that we are entitled do so.

When entering any of our competitions or prize draws, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or prize draw, you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Website. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.

We use Cookies to further enhance the usability of the Website. If you set up your browser to deny Cookies, this may limit your use of the site. For more information on our use of cookies, please see our cookie policy. All users of this site will be deemed to have read the terms and conditions and consent that in order to use the site, text based cookies will be loaded on the users computer.

It is your responsibility to check if we have updated our policies and terms and conditions.

Indemnity

You agree fully to indemnify, defend and hold us, and our directors, employees, agents and suppliers, immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your account and/or your Personal Information.

Our rights

We reserve the right to:

modify or withdraw, this Website (or any part thereof) without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

change the Conditions from time to time, and your continued use of the Website following such change shall be deemed to be your acceptance of such change.

Third party links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. Typically but not always, this will open on a new window. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the any aspect of these sites and as such cannot be held responsible for them.

Purchase of products

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order secure, but in the absence of negligence by Us, We cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Our Returns policy is incorporated into these Conditions.

Contract creation and electronic contracting

The stage that create the contract between you and us are as follows:

You place the order for your products on the web-site by pressing the create my order button at the end of the check-out process.

We will send to you an order acknowledgement email. This is not an order confirmation or order acceptance from The Growing Obsession.

As your order leaves us we will send you a despatch confirmation email.

Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions.

Non-acceptance of an order may be a result of one of the following:

The product you ordered being unavailable from stock.

Our inability to obtain authorisation for your payment.

The identification of a pricing or product description error.

You not meeting the eligibility to order criteria.

A reasonable suspicion on our behalf that the delivery address is unknown to the person whose card is making the payment and that the goods have been ordered fraudulently.

The contract will be concluded in English.

Contract cancellation

Please note that you are entitled to cancel this contract if you want to, provided that you do this no longer than fourteen working days after the day on which you receive the Products.

Please note that your right to return Products does NOT apply to Products that fall into the following categories:

Goods made to your specification

Perishable goods (for example plants and food)

CD, DVD, tapes or other recording media, software or videos if their seal is broken.

Description of products

Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. We are not infallible and although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position precisely at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

Payment

All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the Products ordered plus delivery charges as set out in the Delivery section of this Website. Payment can be made by any of the methods specified in the Payment section of this Website and payment will be debited and cleared from your account as set out in the Payment section of this Website.

You confirm that the credit/debit/store card or PayPal account that is being used is yours or you are an authorised user.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

Refusal of transaction

We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must:

Register by providing your real name, phone number, e-mail address, payment details and other requested information

Be over 18 years of age

Stipulate a delivery address in the United Kingdom or other territory as offered from time to time. Please note that PO box numbers, hotels and accommodation addresses are not normally acceptable and if provided we reserve the right to ask for additional information.

Possess a valid credit or debit card issued by a bank acceptable to us or alternatively a confirmed PayPal account.

By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Returns

Returns should be made in the original, undamaged packaging, and we reserve the right to withhold a percentage of the refund value of returned goods if the product or packaging is in such a condition that the item needs to be reduced in price for resale by us. Please note that we do not typically sell off goods damaged in this way and therefore in the event of damaged packaging that is essential to the product the percentage reduction could be significant. See our detailed return instructions.

Installation

Any installation carried out by installers whose details are provided by The Growing Obsession is covered by the contract between you and the installer. Therefore we can accept no liability for claims arising from installation of products purchased from us, and in the event of any queries or problems arising from work carried out by the installers, customers must contact the installer concerned.

We strongly advise that you arrange for your installer to call the day after scheduled delivery at the earliest, since we are unable to guarantee a delivery time of day.

General

Sale of Products

Products advertised in this site are not available for sale by The Growing Obsession in all countries and places and are only offered for sale by The Growing Obsession where they may be lawfully offered for sale and as indicated in the information displayed about the particular products. The Growing Obsession is not offering the products for sale in any other countries or places.

Orders are subject to availability of stock and The Growing Obsession does not guarantee that at any particular time a product will be available. The Growing Obsession reserves the right to withdraw any product displayed in this site from sale at any time. The Growing Obsession also reserves the right to supply a lesser quantity. On each product page the stock availability is indicated or alternatively an approximate date when stock will be available. This is information is given in good faith to the best of our ability and sometimes includes stock held in our shops. This information can alter on a minute by minute basis and occasionally there can be a delay in updating the information. If you are in any doubt about actual availability, please call us and we will advise accordingly.

If you are planning to collect the item in person, we are happy to reserve the items for you for up to 48 hours providing you give us relevant contact information. Please note that for the avoidance of doubt that products collected and paid for in this way are not covered by the same terms and conditions (in so far as the ‘distance selling regulations’ do not apply). If you are ordering goods for collection in person and there is a risk you might want to return them for reasons of fit, colour etc, we like to be flexible but please advise us beforehand, so that we can make a note of it and advise of any additional terms we wish to add.

Intellectual Property

All copyright in this site and the images and other works displayed in this site is the property of The Growing Obsession or of the licensor or supplier of the products displayed. For information on these copyrights, see the notices on the pages throughout this site.

The Growing Obsession logos and images are the trade marks of The Growing Obsession.

All other trademarks which appear in this site are the property of the various third parties as indicated. For information on these trademarks, see the notices on the pages throughout this site.

Users of this site must not:

use or reproduce any of the trade marks that appear in this site;

use the material in this site for any purpose other than as a source of information on, or for the purchase of, The Growing Obsession products;

download, distribute, modify, copy, or otherwise reproduce any of the material in this site without the express written permission of The Growing Obsession.

Limitation of liability

While we will try as hard as we can to check the accuracy of any information we place on the Website, we make no guarantees, whether express or implied in relation to its accuracy.

We cannot guarantee that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. Nonetheless we will do the best that we are able to.

We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.

This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

any loss of goodwill or reputation; or

any special or indirect losses,

suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what The Growing Obsession and you are expected to do.

You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions.

Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Contact growingobsession.co.uk

The registered company address of The Growing Obsession is:

1 Beggars Ash Cottages, Wellington Heath, Ledbury, Herefordshire, HR8 1LN.

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