TERMS & CONDITIONS

  1. COLOUR MY GARDEN LTD is a limited company registered in England, registration number 12588366, registered office  at 4, 219 Kensington High Street, Kensington, London, England, W8 6BD hereinafter called “the Company”

  2. The Company agrees to supply and the Subscriber agrees to accept and pay for packages of bulbs (as defined below) on the terms and conditions set out below. 

  3. By proceeding to order packages of bulbs, the Subscriber acknowledges that he/she has read, understood and will comply with these terms and conditions. 

  4. The Company has and will have on its website “colourmygarden.co.uk” (or on any other or additional website of which it gives notice to the Subscriber (“the website”) different packages of bulbs specifically chosen by Jo Thompson or under her direction which it will supply to the Subscriber four times a year at the annual price specified on the said website.  Alternatively or in addition, the Company and the Subscriber may agree a bespoke bulb package at a price specifically agreed.  The bulb packages (whether as set out on the website or “bespoke”) are hereafter referred to as “subscription packages”.

  5. Each subscription package will be sent out four times per year during the months of March, June, September and November.  The first supply of a subscription package under this agreement will take place in March, June, September and November, provided that the parties have concluded this agreement and payment has been made by the first day of the preceding month such that for the first March delivery, the agreement must be concluded and payment made by 1st February, for the first June delivery by 1st May, for the first September delivery by 1st August and for the first November delivery by 1st October, in each case in the relevant year.

  6. This Agreement will continue annually unless terminated by either party by Notice or otherwise, both in accordance with the terms set out below.

  7. Each request for subscription packages pursuant to this Agreement is an offer to purchase only and is subject to acceptance by the Company which may in its absolute discretion, reject any request without giving reasons. Acceptance of the Subscriber’s  offer and conclusion of an agreement will take place only when the Subscriber has been notified of acceptance in accordance with this Agreement and the first subscription payment has been made.   In the event that this agreement has been concluded online the Subscriber will have 14 days to cancel this Agreement and will be entitled to a full refund of moneys paid. 

  8. Each subscription package whether as specified on the website or bespoke will be selected by the Company at its absolute discretion save that the Company will take into account so far as reasonably practicable the Subscriber’s preferences in respect of bespoke packages.   Supplies are subject to the following qualifications. 

    • Freshness and Damage
While the Company’s bulbs are packed carefully to ensure they arrive as fresh as when they left, on occasions (and for reasons beyond the Company’s control) they may be damaged in transit. If the Subscriber receives bulbs that do not seem fresh or are damaged, the Subscriber must contact the Company by email at info@colourmygarden.co.uk .

    • If the Subscriber establishes to the Company’s satisfaction (as set out in the next sentence) that the bulbs do not meet the Company’s standards of freshness and quality, the Company will give the Subscriber the choice of a free replacement at the Company’s next available delivery date, or a refund. The Subscriber will need to email to the Company a photo of the poor quality or damaged bulbs within 72 hours of receipt (time to be of the essence) in order to be eligible for a refund or replacement. If the Company offers a refund, it will use all reasonable endeavours to refund the full amount within 3 business days. Please note that banks might take an additional 3-5 days to refund the amount to a card. This is without prejudice to the Subscriber’s statutory rights in respect of damaged, defective or incorrectly supplied goods.

  9. The terms set out herein contain the entire contract. All terms which may implied by statute, common law, custom or otherwise which may lawfully be excluded are hereby excluded. This Agreement contains the whole agreement between the parties and supersedes and replaces any prior written or oral agreements, representations or understandings between them. The parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.   In particular, information on the Company’s website not specifically mentioned herein or contrary to what is set out herein does not form part of this Agreement, does not constitute a representation and does not supercede what is contained in these terms and conditions.  Nothing in this Agreement excludes liability for fraud. 

  10. Prices, Payment and Payment Methods Payment must be made in full, in pounds sterling, before goods will be despatched to the Subscriber. 

  11. The price
The price for a subscription package is the price at the time that an Agreement is concluded. The Company reserves the right, at its absolute discretion, to raise prices at any time for reasons including, but not limited to, price increases from suppliers and partners or otherwise howsoever. If the Company raises prices, the Company will give Subscribers not less than 7 days notice before their next delivery and provide the option to cancel the Agreement free of charge (provided all due payments to the Company have been made). 

  12. Payment Methods The Company accepts American Express, Visa, MasterCard credit and debit cards and PayPal. In order to offer the best security, all our payments are processed securely by Wix payments and PayPal. Upon entering in Agreement, the Subscriber’s credit or debit card will be billed at checkout for the full year’s subscription. Thereafter the Subscriber will be billed on a recurring basis annually. Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. Colour My Garden never store or have access to the Subscriber’s credit or debit card details.

  13. Termination
Either party may cancel this agreement at any time by giving no less than 28 days’ notice in writing by first class post, before a nominated delivery month (delivery months being: March, June, September, November) . Provided the Subscriber  has given the Company the specified notice, the cancellation will take effect without charge. In such circumstances, the Company will issue a refund for the remainder of this Agreement. Where notice is received after that time, the Subscriber will still receive  and be charged for the next delivery.

  14. Changes to the subscription package The Subscriber may at the Company’s discretion alter his/her subscription package.  Any request for an alteration must be made not later than 7 working days prior to the next subscription package going out. 

  15. Returns Due to the perishable nature of bulbs, the Company is unable to accept returns on these products.   Only returns pursuant to para 5 herein will be accepted by the Company. 

  16. Legal liability Except in the case of death or personal injury caused by the Company’s negligence, the Company shall have no liability under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever. In particular (and without derogation from the generality of the above), some bulbs are toxic and may cause illness to humans and / or pets if ingested for which the Subscriber is specifically warned and in respect of which the Company specifically accepts no liability. 

  17. The Company shall in no circumstances be liable to the Subscriber in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. 

  18. The Company shall have no liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond its reasonable control. Such circumstances (without limitation) include any default by the Company’s suppliers. 

  19. The validity, construction and performance of this Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit. 

  20. For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this Agreement this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions. 

  21. The goods are sold by way of trade sale and the parties specifically agree that the terms herein are reasonable in the circumstances. All bulb design packages are the subject of copyright and any copying of goods for the purposes of trade or otherwise will (irrespective of any copyright infringement) constitute a breach of this contract. 

  22. The Company reserves the right to supplement and amend these Terms and Conditions. The Company will post any changes to these Terms on its website and it is the Subscriber’s responsibility to review the Terms and Conditions on each occasion it accesses the service or site.   The Subscriber will be bound by all and any such changes and may if it does not accept them, give notice of termination in accordance with para 10 hereof. 

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