Terms & Conditions

Overview

Thank you for visiting MillbrookGC.co.uk (the “website”). By accessing our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site. If you do not agree to them then you may not access the website or use any services and should leave it immediately.

MillbrookGC.co.uk is an online service of The Millbrook Garden Company Ltd (‘The Millbrook Garden Company Ltd’, ‘Millbrook’, ‘MillbrookGC.co.uk’/‘We’/‘our’/‘us’) provided solely for your personal use for the sale of our range of goods, events tickets, gift cards and other Items (‘Items’).

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Use of our Website

To be eligible to purchase Items on this Website you must:

• be the holder of a valid debit/credit card.
• warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects.
• you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site
• you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

If your personal information changes then please notify us immediately by contacting us on the following email online@millbrookgc.co.uk.

By agreeing to these Terms of Service, you may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Orders

When you order an Item from MillbrookGC.co.uk you are offering to buy it for the price stated, you do so in accordance with these terms and conditions, subject to our acceptance of your order. We shall have the right to refuse to accept any orders placed for goods.

By completing the check-out process and placing an order by clicking the “Continue” button on the checkout page, you are offering to purchase the products from us subject to these Terms and Conditions. All orders are subject to availability. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with us until it is delivered to you at the address specified when you placed your order or when you collect the order.

If you require any information regarding your order(s) please contact us on online@millbrookgc.co.uk.

We may not accept your order if:

• an item you have ordered is out of stock
• if your card is due to expire within 28 days of your purchase date
• we are unable to obtain authorisation for your payment or
• if we identify a product or pricing error.

We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.

We will try to keep our Website as up to date as reasonably possible, but cannot guarantee that any particular Item will always be available. If we can’t supply any item, we will release the funds being held in your account for the purchase.

You are responsible for the accuracy of an order and for giving us any information necessary for us to perform the contract.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

Goods, Pricing and Availability

We try to give the best representation of the goods we sell, however please note that all graphical representations (including photographs) and descriptions of goods available from us are intended as a guide only.

Pictures of fresh food or live goods (plants) may be provided to give an appreciation of characteristics. The goods you receive may look different.

Plant sizes are approximate and are provided for indicative purposes only. It is inevitable that variations in size, shape and colour will occur between different specimens and whilst we make every effort to ensure that all plants supplied are at the size range indicated, occasionally plants may be under or over the size selected.

All pricing information on the website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
If prices increase between the date of your order and the date of dispatch, we reserve the right to email you to ask if you wish to proceed. If not, you will be entitled to cancel the order without charge.

If you are viewing the Website from the UK, the product prices advertised on the Website are inclusive of the VAT on the relevant item. Delivery costs are not included in the prices and will be charged in addition. The delivery costs (which will include VAT charged by us) will vary depending on the products that you have ordered and your delivery address. Please see the “Shipping Information” section below for further details. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the “Total Cost” amount shown on the order summary page).

We neither represent nor warrant that goods will be available. Given the nature of our business, availability of products may vary according to seasonal and market factors. If after having received your order we are unable to source goods we reserve the right to cancel the order.

Payment

When you submit your order, we carry out a standard check on your payment card, and products will not be dispatched until the details you have provided are verified. We accept no liability if delivery of the goods is delayed by the supply of incorrect payment details. If we cannot gain full payment for the goods when the order is placed, we reserve the right to cancel the contract and delivery.

Once we have verified your payment details and accepted and approved your order for delivery, we will email you to inform you of this. In the unlikely event that we encounter a problem when processing your order, we will contact you and may possibly request further information to try and resolve the issue.

We reserve the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, is incorrectly priced, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria.

Delivery

• Gift Cards (and potentially any small, light items) will be delivered by Royal Mail second class post.
• Other items, where delivery is offered, will be delivered by our own vans locally.
• The estimated delivery time is 3-5 working days although we will always attempt to beat this.

There may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and your delivery address. Delivery times, are estimates only and cannot be guaranteed.

If no one is available at your address to sign for your order, our delivery partner will leave you a note and you will need to contact them to rearrange delivery.

Delivery shall be deemed to occur at the time when the goods first arrive at the delivery address provided to us by you. The goods shall remain our property until you have paid for them in full or we have delivered the goods to you (whichever occurs later).

Risk of damage to or loss of the goods will be your responsibility from the time we deliver, or first attempt to deliver, the goods to the delivery address you provided whether or not a signature of receipt has been obtained.

Gift Card T&Cs

Millbrook gift cards can be purchased online or at any Millbrook Garden Centre.

The minimum amount required to activate a gift card is £5. The gift card can be used in full or part payment against purchases from any Millbrook Garden Centre, it cannot be exchanged for cash, neither is it a credit, charge, debit or cheque guarantee card.

No change will be given but the balance can be exchanged for future purchases. The gift card will expire after 72 months of consecutive non-use. We will not be held liable for lost, damaged or stolen cards, so please look after the card just like cash.

Please note that if you order a gift card online it will be sent by 2nd class post and may take up to 5 working days to arrive.

Collection – “Click & Collect”

Collection will be available the day after order day if you order before midday (e.g. order at 11.30am on Monday, can collect on Tuesday).

If you order after midday, then collection can only be available 2 days after order day (e.g. order at 3pm on Monday, can collect on Wednesday).

Please ask a member of staff or ask at the tills for your collection and bring a print out or an electronic copy of your order confirmation email.

We cannot be held responsible for any delays or issues at collection if you arrive before the allowd times described above.

Garden Centre Goods

If you fail to collect your order, we will attempt to contact you and keep it for 5 days. If you have not contacted us nor collected it in that time, we will return the goods to the centre and refund you. Please contact the garden centre by telephone or email us on online@millbrookgc.co.uk.

Fresh Food and Perishable Items

If you fail to collect your order of fresh food (e.g. Afternoon Tea or a Fresh Cake), we will attempt to contact you and keep it for the rest of that day. If you have not contacted us nor collected it in that time, we will be unable to refund you as the food will have to be thrown away. Please contact the garden centre by telephone or email us on online@millbrookgc.co.uk.

Cancellations, Returns & Refunds

We check everything carefully before it leaves us and we also take care with packaging to ensure that your order arrives in perfect condition. However, if you do have a problem, here is what to do:

Contact Us:

Please contact us immediately either by phone or email online@millbrookgc.co.uk. Please have your order number ready.

Incorrect Products:

If we sent you something you hadn’t ordered, please contact us immediately informing us of the problem. Please have your order number ready.

When we have agreed that there is a problem, you can return your goods. For most products, you can return it within 28 days. If it is fresh food (e.g. Afternoon Tea or Fresh Cake) please provide photographs and a description of the issue, if it is a plant it must be returned within 7 days.

Please make sure you enclose your order number and return the item in its original packaging.
We will then send a replacement (if available within 7 days) or refund the cost of the goods where a replacement is not possible.

We will refund the cost of returning incorrect goods only if you have followed the above procedure.

Fresh Food and Plants are ‘Perishable Goods’ and your rights as a Consumer do not fully apply, hence the 7-day period for return of plants.

Damaged or Defective Goods:

If you receive an item that is in poor condition when you take it out of the box, please contact us immediately. Please have your order number ready.

We will ask you to send us a photograph so that there is no doubt as to its condition on arrival with you and to help us determine the cause of the problem.

Fresh Food and Plants cannot be returned purely on the basis that the appearance does not exactly match a particular illustration and description. There are always slight variations in size, shape and colour between different items and illustrations and descriptions are approximate and for guidance only (see Terms and Conditions).

When we have agreed that there is a problem you can return your item within 7 days for a refund or with Fresh Food we may request you do not return it. No credits will be issued.

Please make sure you enclose your order number and return the item in its original packaging.
We will refund the cost of returning damaged or defective plants only if you have followed the above procedure.

Fresh Food and Plants are ‘Perishable Goods’ and your rights as a Consumer do not fully apply, hence the 7-day period for return of plants.

Change of Mind:

If you have changed your mind after receiving your order you can return goods within 28 days at your cost for a refund (plants must be returned within a 7-day period). Unfortunately, we cannot accept the return of Fresh Food for this reason, since the items will have been specially made to order. Please re-pack your items in the original packaging, ensuring that any plants are suitably protected and enclose your order number.

We will refund the cost of the items provided that they are in no worse condition on their return as when they were dispatched to you.

We are not able to refund any shipping costs where you have changed your mind.

Fresh Food and Plants are ‘Perishable Goods’ and your rights as a Consumer do not fully apply, hence the 7-day period for return of plants.

Privacy

Millbrook is committed to protecting and respecting your privacy and security. Our Privacy Policy sets out the terms on which we process any information we collect from you or that you provide to us and provides information about the cookies on our website.

By using our website, you consent to such processing and you warrant that all information provided by you is accurate. Please read our Privacy Policy for more information.

Limitation of Liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy.
The website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty 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, and reliability of the website.

We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. We make no warranty that this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.

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 goods. 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 terms and 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 Terms and Conditions.

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

Matters Beyond our Control

We will have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Intellectual Property

All content included on the website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Millbrook Garden Company Ltd, our affiliates or other relevant third parties.

By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given our express written permission to do so.

Changes to Terms and Conditions

We reserve the right to change the website, its content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the website following the changes.

If we are required to make any changes to these Terms and Conditions pertaining to the sale of goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

Links to other Websites

This website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Millbrook Garden Company Ltd or that of our affiliates.

We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and The Millbrook Garden Company Ltd.

Law & Jurisdiction

These Terms and Conditions and the relationship between you and The Millbrook Garden Company Ltd shall be governed by and construed in accordance with English law. The Millbrook Garden Company Ltd and you agree to submit to the exclusive jurisdiction of the English Courts.

Contact Us

To contact us, (including to discuss any complaint), please email online@millbrookgc.co.uk or visit the Our Centres pages on the website for more details. Any formal legal notices should be sent to us at the following address:

The Millbrook Garden Company Ltd
A229 Staplehurst Road
Marden
Kent
TN12 9BT