Website Terms and Conditions.
Status: Draft. Last Updated: 21/11/2023.
These Terms and Conditions are applicable when using our website (www.tatesofsussex.co.uk) or making online purchases from Tates of Pyecombe Ltd (trading as “Tates of Sussex Garden Centres”). We encourage you to read this agreement thoroughly. It should be considered alongside our Privacy Policy. If you find these terms unacceptable, please refrain from using this Website.
Your access to and use of our Website is conditioned on your acceptance of and compliance with these Terms and Conditions. Tates of Sussex Garden Centres reserves the right to modify or amend these Terms and Conditions at any time, at our sole discretion. We recommend that you review these terms regularly to stay informed of any changes.
Should you have any inquiries or require further clarification regarding these Terms and Conditions, our Customer Care Team is available to assist you. Please contact them at 01273 845 232 between 8:30am and 5:30pm. For quality assurance and security, calls may be recorded.
Clause 1. Conditions of Use
1.1 In this agreement:
- “Tates of Sussex Garden Centres” refers to Tates of Pyecombe Ltd, a company trading as Tates of Sussex Garden Centres.
- “Website” refers to the website, www.tatesofsussex.co.uk, operated by Tates of Sussex Garden Centres.
1.2 By accessing and using the Tates of Sussex Garden Centres website, you confirm that you have read, understood, and agree to our Privacy Policy and these Terms and Conditions. Your agreement to purchase goods and services from us is subject to these Terms and Conditions and our Privacy Policy, which govern all transactions on our website. We advise you to carefully read these terms before using our website.
1.3 Tates of Sussex Garden Centres reserves the right to modify, suspend, or discontinue any part of our services at any time, at our discretion. We may also refuse service to any customer and amend these Terms and Conditions and the ‘Help’ section of our website. We will promptly notify you of any changes to these terms by updating them on our website. These changes take effect as soon as they are posted. It is your responsibility to review these terms each time you use our website. Continuing to use our website signifies your agreement to be bound by the latest terms and conditions.
1.4 Age Requirement: To use our services, including the registration process necessary for accessing certain features, you must be at least 18 years old.
1.5 Account Registration: When registering for our services, you agree to provide accurate, current, and complete information about yourself. It is your responsibility to inform us of any changes to your registration information. Required details include your legal name, address, phone number, email address, and any other information needed to process your orders. We may share your contact details with trusted third-party partners, strictly for purposes related to our delivery or Click & Collect services.
1.6 Email Communication: Your email address is crucial for us to provide essential information, such as order confirmations and updates about our service. By registering, you consent to receive such communications. Your registration data and other personal information are handled in accordance with our Privacy Policy.
1.7 Account Security: The security of your password is your responsibility. We may modify or revoke a password at our discretion. Your password is unique to your account and should be kept confidential. If you suspect any misuse of your account, please contact us immediately.
1.8 Payment Information: Using our services may require the registration of your credit or debit card details with Tates of Sussex Garden Centres. These details are securely stored and used solely for processing payments related to your orders.
1.9 Account Management: We reserve the right to decline new customer registrations, suspend or terminate an account at our discretion, or terminate your access to our services, with or without notice.
1.10 Contract and Delivery: A contract between you and Tates of Sussex Garden Centres is only concluded upon the acceptance of goods at the time of delivery. You have the right to refuse any or all goods upon delivery. An adult aged 18 or over, authorised by you, must be present to inspect and accept the delivery.
1.11 Risk and Responsibility: Goods are stored under appropriate conditions until delivery. The risk of loss and damage passes to you upon delivery to your specified address, or to a person or location you’ve nominated. Tates of Sussex Garden Centres will not be liable for any loss or damage to the goods once they have been delivered.
1.12 Errors, Inaccuracies & Omissions: Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
1.13 Prohibited Uses: In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the website for violating any of the prohibited uses.
Clause 2. Pricing and Payment Terms
2.1 Fixed Prices and Order Stability: The prices displayed on our website at the time of your order placement are deemed as final and non-negotiable. The total cost of your order is firmly established and will remain unchanged from the moment of order placement to the point of delivery or collection. Consequently, any subsequent alterations in prices or the introduction of new promotional offers that may be applicable online after your order has been placed will not impact the price initially charged when you placed your order. As a result, customers will not be entitled to any discounts or promotional offers that were not valid at the time of the transaction. This policy has been implemented to ensure pricing uniformity and reliability for your order, from the moment of order placement to the delivery or collection.
2.2 Weight Variations and Guide Weights: The weights provided on our website for certain products are presented as guidelines. Due to the inherent properties or common characteristics of these products, there may be variations in the actual weight of individual items compared to the guide weight. However, it is important to note that these weight variations do not impact the price of the item. The price charged will be in accordance with the guide weight, regardless of minor discrepancies in the actual weight of the product. The prices shown in the ‘My basket’ section are based on these guide weights and will not be adjusted for slight weight variations.
2.3 VAT and Pricing: Prices, where applicable, include Value Added Tax (VAT) at the prevailing rate. While the prices displayed on the website reflect the current VAT rate, they may not necessarily correspond to the rate applied on the day of delivery. Business customers have the option to obtain a VAT receipt by contacting our Customer Care Team.
2.4 Immediate Payment and Security: Upon placing your order, your payment will be processed immediately to confirm your purchase and secure your items. To safeguard against unauthorised use of your payment card, we undertake a verification process of your payment details. This verification may involve cross-referencing your personal information with third-party databases, strictly for identity confirmation purposes and not as a credit check. Consequently, this process will not impact your credit rating. We handle all personal information with the utmost security and in strict compliance with data protection laws to ensure the protection of your data throughout the transaction process.
2.5 Payment Processing and Charges: Payment for your order, including any relevant delivery or collection charges, will be processed immediately at the point of sale. This guarantees the confirmation and reservation of your selected items. The charges will be based on the prices listed on our website at the time of your purchase.
2.6 Resolving Payment Issues: In the event that we encounter any difficulties in processing your credit card payment at the point of sale, we will offer you the opportunity to use an alternative payment method. If an alternate method is not available or the issue persists, we encourage you to contact our Customer Care Team for further assistance. Our team is dedicated to assisting in the resolution of any payment-related concerns and ensuring a smooth processing of your order for timely delivery or collection.
Clause 3. Orders and Product Usage
3.1 Order Limitations for Commercial Use: Tates of Sussex Garden Centres retains the authority to reject orders that appear to be intended for commercial purposes. It is important to emphasise that certain products featured on our website are specifically designed for personal, non-commercial use. Consequently, such products may not be covered under warranty when employed for commercial purposes. This measure is taken to maintain our commitment to quality and customer satisfaction, ensuring that all products are utilised in a manner consistent with their intended purpose.
3.2 International Use and Warranty Limitations: While Tates of Sussex Garden Centres offers products that conform to international technical, safety, and legal standards, we cannot guarantee their suitability for use outside the United Kingdom. Customers who opt to export our products should be aware that once a product leaves the United Kingdom, any warranties or guarantees provided by us will become void. Furthermore, we bear no responsibility for any damage that may occur during transit, or for any customs requirements, duties, or other legal obligations in the destination country. Customers are advised to carefully consider these aspects when purchasing for use outside the United Kingdom.
3.3 Product Condition Upon Delivery: Tates of Sussex Garden Centres is dedicated to delivering perishable goods, including plants, food items, and other consumables, in optimum condition, ensuring that they are transported at appropriate temperatures according to each product’s requirements. While we take every precaution to ensure the delivery of these items in good condition, we cannot assume responsibility for improper storage, handling, or care after delivery. It remains the customer’s responsibility to ensure that products requiring specific conditions, such as particular temperatures or humidity levels, are adequately cared for upon receipt to preserve their quality and integrity.
3.4 Order Accuracy and Verification: The accuracy of orders, both online and upon delivery, is the responsibility of our customers. We strongly encourage thorough review and confirmation of items in your online basket before finalising your order. Furthermore, upon delivery, we request that customers inspect the items to verify that the correct products have been delivered as per their order. In the event of any discrepancies or issues with the delivered items, prompt notification to our Customer Services Team is essential for resolution.
3.5 Availability and Substitutions with Customer Options: Our product range, subject to suitability, availability, and prevailing market conditions, may occasionally necessitate substitutions. In cases where an ordered item is unavailable, our Customer Care Team will contact you to provide several options: a replacement of equivalent value, a higher-value item at a discounted price equivalent to the original item, a lower-value item along with a partial refund, or the option for a full refund on the unavailable product(s). Should substitutions become necessary, we will communicate the changes, and you retain the right to accept or decline these substitutions upon delivery.
3.6 Inspection and Return of Substituted Items: Upon delivery or collection, customers will be informed about any substituted items. At that time, customers have the option to inspect these substitutions and decide whether to accept or return them. Unaccepted substituted items will be immediately retrieved during delivery or collection. We recommend customers to review product packaging for suitability information, especially when substitutions are made.
3.7 Resellers & Shipping Agents: Our website does not offer delivery services to shipping agents, nor do we engage in transactions with third-party resellers.
3.8 Product Information and Accuracy: At Tates of Sussex Garden Centres, we make diligent efforts to maintain accurate and up-to-date information on our website, encompassing a wide range of products including plants, garden tools, homewares, and food items. However, we encourage customers to conduct their own research before making a purchase. The information on our website serves as guidance and may be subject to change if a product is updated or if the listing awaits an update. We disclaim responsibility for any inaccuracies in the provided information. For the most current details, particularly concerning allergens and care instructions, please refer to the actual product labels or packaging.
3.10 Attention to Product Labels: It is imperative to carefully read the labels on all products, including animal toys, plants, tools, sheds, food, beverages, skincare products, and other items available at Tates of Sussex Garden Centres. This is especially critical for customers with allergies, dietary restrictions, or specific requirements related to the care and use of plants and tools. Information on allergens, safety precautions, usage instructions, and care guidelines is prominently displayed on product packaging or available on the manufactures website. We advise customers to consult these details to ensure that the product aligns with their needs and to ensure safe and appropriate use.
Clause 4. Purchase Limitations and HSE Considerations
4.1 Limit on Bulk Purchases: We do accommodate bulk orders, allowing for the purchase of more than 12 units of a single product line, subject to product availability and at the discretion of the store. Specific restrictions may apply to certain products.
4.2 Order Quantity Restrictions: The quantity of goods supplied per order may be subject to limitations. This is implemented to ensure product availability for all our customers and to address potential health and safety concerns for our delivery personnel. Our aim is to strike a balance that caters to the bulk buying requirements of our customers while ensuring the equitable distribution of products.
4.3 Health and Safety Considerations for Bulky Items: In the interest of the health and safety of our delivery drivers, we may impose restrictions on orders involving bulky or heavy items. This category includes, but is not limited to, items such as bottled water and large garden equipment. Our primary focus is on ensuring the safe handling and transportation of such items. For specific limitations pertaining to bulky item categories and additional information, please feel free to contact our Customer Care Team.
4.4 Health and Safety Guidelines for Deliveries: When placing an online order, please be aware that our delivery is kerbside delivery. You should be prepared to relocate the product from the kerb to a secure location. Deliveries will not be left unattended on the kerb. The decision to potentially deliver to your doorstep or back garden will be made at the discretion of our delivery team upon arrival.
Clause 5. Ordering, Delivery, and Collection
5.1 Ordering Based on Your Location: On the Tates of Sussex Garden Centres website, specifically on the Category, Product, and Basket pages, you have the option to enter your postcode to check if we deliver to your area. Our delivery service is primarily conducted using our own fleet of vans, catering to customers within the vicinity of our physical store locations. If you live outside of our delivery area, you will not be able to place an order online. While we focus on serving our local catchment area, we do consider nationwide deliveries on a case-by-case basis. Most of our products are eligible for delivery. For customers residing outside our standard service area, the typical delivery fee schedule does not apply. Instead, you will receive a bespoke delivery quote, and your items will be shipped via a courier service tailored to your location.
5.2 Order Review and Confirmation: The Checkout page on our website displays the items you have selected. Prior to finalizing your purchase, you can review and adjust your selection. After you have placed your order, we will send you a confirmation email with the total cost and details of the products you’ve chosen. The purchase agreement with Tates of Sussex Garden Centres becomes binding once you receive and accept the goods upon delivery or collection. Please note that once an order is placed, it cannot be edited. However, if you need to make changes, our customer care team is available to assist you. They can issue a partial or full refund for your existing order and arrange a new order for you. Where possible, we will consolidate this with your original order to reduce delivery costs.
5.3 Click & Collect Orders: Click & Collect service is only available for items that are explicitly marked as “click and collect available.” The minimum spend requirement for Click & Collect orders is the same as for all online orders, and the minimum spend amount is displayed on the homepage for reference.
5.4 Standard Delivery Postcodes: Our delivery service is exclusively available within the catchment area of our garden centres, and we do not make exceptions for deliveries that fall outside of our designated routes. If your location is outside of our delivery catchment, unfortunately, you will not be able to place an order through our website. You can use the postcode checker on our website to find out whether or not you are in our catchment area.
5.5 Delivery Slots: During the checkout process, customers will have the option to select a preferred delivery slot. While we aim to accommodate your requested delivery date, there may be rare instances where operational constraints make it unfeasible. In such cases, our customer care team will get in touch with you to discuss alternative delivery dates that are available. Your convenience is our priority.
5.6 Cancellation or Postponement of a Delivery Slot: In the event that adverse weather conditions or any unforeseen circumstances beyond our reasonable control necessitate the postponement or cancellation of a delivery or collection, we will promptly notify you to arrange an alternative schedule. Please be aware that all alternative delivery or collection dates are contingent upon availability. While we exert every effort to adhere to the estimated delivery times, it is important to acknowledge that occasional delays may arise due to unforeseen factors. Tates of Sussex Garden Centres disclaims any liability for any delays or failures to deliver within the stipulated estimated timescales.
5.7 Parking Availability and Terms at Our Garden Centre: We would like to inform you that we cannot guarantee the availability of parking spaces at our garden centre’s premises. Parking space availability may vary depending on the specific location and the time of your visit. The utilisation of our garden centre’s parking facilities is subject to the respective Terms and Conditions of the establishment. We recommend familiarising yourself with the parking regulations at the garden centre you plan to visit.
5.8 Requirements for Collecting Your Order at Our Garden Centre: To facilitate the collection of your order at our garden centre, please ensure that you have one of the following items with you when you arrive:
- Booking confirmation: Having your booking confirmation readily available can streamline the order retrieval process and assist our staff in locating your items efficiently.
- Payment card: Presenting the payment card used for the order can aid in verifying your identity and expediting the collection process.
- Valid photographic ID: Alternatively, you have the option to provide valid photographic identification as a means of confirming your identity when collecting your order.
These measures are implemented to enhance the convenience and security of collecting your items at our garden centre, ensuring a seamless experience for all our valued customers.
5.9 Collection Timeframe and Order Cancellation: We reserve the right to cancel your order and return it to the store while refunding your payment if the order is not collected within a reasonable time. All orders that remain uncollected will be returned to one of our warehouses at the end of the Click & Collect trading hours each day. Please note that these trading hours may vary by location. Orders will be available for collection in-store until the garden centre’s closing time for that day. Subsequently, if an order is not collected by that time, it will regrettably be cancelled. We appreciate your understanding and cooperation in adhering to our collection timeframes.
5.10 Alteration or Conclusion of Click & Collect Service: Tates of Sussex Garden Centres reserves the right to make modifications to or conclude the Click & Collect service, which includes potential adjustments to the associated collection fee, at its discretion. Such changes, if deemed necessary, may be implemented without advance notification.
5.11 Potential Adjustments to Delivery Slot Availability: Within designated areas, we maintain the authority to potentially limit or decline delivery requests. This action may be undertaken without the provision of prior notice, as it aligns with our commitment to ensuring the optimal allocation of resources and services within our operational framework.
Clause 6. Gift Cards, Promotion Offers, Vouchers & Points
6.1 Tates Rewards Vouchers: In the Tates Rewards app, you may come across discount codes and promotional voucher codes. Please be aware that codes not valid for online use will be clearly marked as ‘For use only in-store’. To verify whether a voucher or offer code can be applied online, you can enter it on the ‘My Basket’ page. If the code returns an error message, it cannot be used online. For any enquiries or assistance, feel free to contact our customer service team.
6.2 Tates Rewards Offers: Offers listed in the ‘Offers’ tab of the Tates Rewards App can, in most cases, be redeemed online. To redeem these offers online, please ensure you log in using the same username and password as your Tates Rewards App login. Once you are signed in, the applicable discounts will be applied automatically. If you have any questions or require assistance, don’t hesitate to reach out to our customer service team.
6.3 General In-store Discounts and Multibuy Offers: Periodically, we may choose not to activate or may need to discontinue specific offers due to a range of operational considerations aimed at maintaining the highest standards of service and product availability. These considerations include inventory management, supplier relationships, and overall store performance. Our objective is to provide you with the best shopping experience and value, and while we strive for consistency in our offers, there may be occasions when we temporarily suspend certain promotions. Please know that these decisions are made with the intention of optimising your shopping experience.
6.4 Earning Points on Purchases: Points can be accrued through online purchases made on our website. It is imperative that customers are logged into the website using their Tates Rewards App login credentials at the time of purchase to earn points. Failure to do so will result in the non-assignment of points for the respective transaction. We regret to inform you that we do not possess the capacity to retrospectively append points to an account once a transaction has concluded. Therefore, it remains incumbent upon the customer to ensure the accurate and timely sign-in to the appropriate account prior to finalising their transaction.
6.5 Our Right to Withdraw: By using the website, you agree that Tates of Sussex Garden Centres retains the authority to add, modify, suspend, or remove any offer, voucher, discount, or points earned from a transaction at any given time.
6.6 Using Gift Cards: Payment by gift card is only available for Tates of Sussex Garden Centre Gift Cards. We are unable to process HTA gift cards online. The responsibility of the gift card lies with the cardholder, not Tates of Sussex. We are not able to accept any liability for lost Gift Cards, unauthorised use of a Gift Card, or its misuse. If you lose your gift card or allow an unauthorised person to redeem it, you agree not to hold Tates of Sussex Garden Centres liable.
Clause 7. Cancellation and Returns
7.1 Refusing a Delivery and Cancellation Rights: You possess the right to cancel your order at any time, starting from the moment you place your online order and extending up to 14 days from the day you receive your goods. This period is commonly known as the ‘cooling-off period’. To exercise this right, it is imperative to notify our customer service team of your intention to cancel your order within this specified time frame, and you may do so through means such as email. Upon notifying our customer service team of your cancellation, you are granted an additional 14 days from the date of notification to return the goods. Consequently, you should anticipate receiving your refund within 14 days of either returning the goods to us or cancelling your service, as applicable. Our customer service team is at your disposal to assist you throughout this process and offer the necessary guidance, ensuring a seamless and efficient experience as you exercise your cancellation rights. Your satisfaction remains our utmost priority, and we are unwavering in our commitment to upholding your consumer rights in accordance with relevant regulations.
7.2 Returning Unwanted Goods: In most instances, the responsibility for covering the delivery cost when returning unwanted goods lies with the customer, unless we explicitly confirm in written communication that Tates of Sussex Garden Centres will bear the return expenses.
7.3 Deductions for Opened or Damaged Goods: Please be aware that in cases where goods have been opened or are returned in a damaged condition, deductions may be applied to the refund to account for any diminished value. Our customer service team will provide further details and guidance in such situations to ensure transparency and fairness in the refund process.
7.4 Returning Faulty Goods Within a Warranty Period: If you encounter faults or issues with goods covered by a warranty, you are entitled to return them within the warranty period. Our customer service team will assist you throughout this process, ensuring that your rights under the warranty are upheld and that you receive the appropriate resolution for any faulty goods.
7.5 Documentation Requirements for Returns: All requests for returns must be accompanied by proof of sale, and it is essential to provide photographic evidence of any damage or defects associated with the item in question. This documentation is crucial for efficient processing and resolution of your return request. Our customer service team is available to assist you in meeting these documentation requirements and to facilitate a smooth returns process.
Clause 8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Tates of Pyecombe Ltd, trading as Tates of Sussex Garden Centres, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
