• Definitions

    • In these Terms and Conditions of Sale, the following meanings shall apply

‘Company Signatory’ means a person authorised by us

‘Contract’ means the contract between The Luxury Garden and Spa Company Ltd and the Customer for the sale and purchase of Goods in accordance to these conditions

‘Customer’ means the person or firm who purchases Goods from The Luxury Garden and Spa Company Ltd

‘Defect’ means the condition and/or any attribution of the Goods and/or other circumstances which, but for the effect of these Terms would have entitled you to damages

‘Goods’ means the goods or when the contract permits services to be supplied by us

‘Terms’ means the terms set out in this document and any special terms agreed in writing between a Company Signatory and you

‘You’ means the person seeking to purchase Goods from us

‘We,’ ‘Us’ and ‘Our’ means The Luxury Garden and Spa Company Ltd

  • Basis of Contract

    • These conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing

    • The order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.

    • The order shall only be deemed to be accepted when The Luxury Garden and Spa Company Ltd issues a written confirmation of the order, at which point the Contract shall come into existence. 

    • The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.

    • Any samples, drawings, illustrations or images contained in The Luxury Garden and Spa Company Ltd website is produced for the sole purpose of giving an approximate idea of the Goods referred to in them. This shall not form part of the Contract nor have any contractual force. 

    • A quotation for the Goods given by The Luxury Garden and Spa Company Ltd shall not constitute an offer. A quotation shall only be valid for a period of 30 days from its date of issue.

    • A quotation that has been sent, should be checked by the Customer and any amendments must be made aware to The Luxury Garden and Spa Company Ltd by the Customer. 

  • Goods

    • The goods are described on The Luxury Garden and Spa Company Ltd website.

    • The Customer shall indemnify The Luxury Garden and Spa Company Ltd against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by The Luxury Garden and Spa Company Ltd in connection with any claim made against The Luxury Garden and Spa Company Ltd for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with The Luxury Garden and Spa Company Ltd use of any specification provided by the Customer. This clause 3.2 shall survive termination of the Contract.

    • The Luxury Garden and Spa Company Ltd reserves the right to amend the specification of the Goods, after accepting the Order, if required by any applicable statuary or regulatory requirements. 

  • Price

    • The price of the goods shall be the price as confirmed by The Luxury Garden and Spa Company Ltd written acceptance of the order, or, if no price is confirmed, the price set out in The Luxury Garden and Spa Company Ltd published price list in force as at the date of delivery.

    • The Luxury Garden and Spa Company Ltd may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods due to:

      • any factor beyond The Luxury Garden and Spa Company Ltd control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs).

      • any request by the Customer to change the delivery date(s), quantities or types of Goods ordered; or

      • any delay caused by any instructions of the Customer or failure of the Customer to give The Luxury Garden and Spa Company Ltd adequate or accurate information or instructions.

    • The price of the Goods:

      • excludes amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to The Luxury Garden and Spa Company Ltd at the prevailing rate.

      • Unless otherwise specified by The Luxury Garden and Spa Company Ltd (in its price list or otherwise), excludes the costs and charges of packaging, insurance and transport or Goods, which shall be invoiced to the Customer.

    • Save for any express agreement to the contrary, The Luxury Garden and Spa Company Ltd may invoice the Customer for the Goods at any time on or after The Luxury Garden and Spa Company Ltd accepts the order.

    • Unless otherwise agreed by The Luxury Garden and Spa Company Ltd in writing in advance, the Customer shall pay the full price for the Goods in advance to The Luxury Garden and Spa Company Ltd making the Goods available for collection or delivery.

    • If the Customer fails to make any payment due to The Luxury Garden and Spa Company Ltd, The Luxury Garden and Spa Company Ltd will suspend further deliveries to the Customer.

    • The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaims, deduction or withholding (except for any withholding or deductions required by law). 

  • Payment

    • Credit accounts are not accepted by The Luxury Garden and Spa Company Ltd and all payment for Goods are due before Goods are delivered or collected by the Customer.

    • Payment is only accepted by credit/debit card, cash or BACs transfer to our nominated bank account or via our website. 

  • Refunds

    • The Luxury Garden and Spa Company Ltd is not obliged to accept the return of any Goods in exchange for credit or refund.

    • The following terms apply in respect of Discretionary Returns:

      • No returns will be accepted unless agreed by The Luxury Garden and Spa Company Ltd in writing in advance.

      • The Luxury Garden and Spa Company Ltd will not consider any request for a Discretionary Return if the relevant Goods were delivered more than 7 working days prior to the date of the request.

      • The Luxury Garden and Spa Company Ltd agrees to accept a Discretionary Return, The Luxury Garden and Spa Company Ltd will issue the Customer with The Luxury Garden and Spa Company Ltd ‘Returns Note’ which must be returned to The Luxury Garden and Spa Company Ltd along with the Goods.

      • All Discretionary Returns are subject to the Customer arranging the return of the Goods to The Luxury Garden and Spa Company Ltd, at the Customers cost. If agreed by both parties in advance, The Luxury Garden and Spa Company Ltd may collect the Goods from the Customer’s premises, provided that the Customer pays the costs agreed in respect of such collection. 

      • All Discretionary Returns processed by The Luxury Garden and Spa Company Ltd are subject to the Customer paying a handling charge. Unless otherwise specified by The Luxury Garden and Spa Company Ltd in advance. The handling charge will normally be 10% of the original purchase price of any Goods.

      • In respect of any Goods which are supplied in boxes containing multiple parts (for example fixings), a refund will only be issued if the Goods are returned in full box quantities and in their original packaging.

      • A refund will only be issued if the Goods returned are unused and, in The Luxury Garden and Spa Company Ltd opinion, in perfect condition and fit for resale. 

The Luxury Garden and Spa Company Ltd cannot be held responsible for any product warranty provided by the product company. The Luxury Garden and Spa Company Ltd can provide written instructions (upon request) on how to arrange product warranty but will hold no responsibility or liability for the warranty provided by the company. Any warranty communications should be between the Customer and the relevant company only with no involvement by The Luxury Garden and Spa Company Ltd. 

  • Delivery 

    • The customer shall collect the Goods from The Luxury Garden and Spa Company Ltd premises or at such other location as may be agreed between the parties. 

    • Where The Luxury Garden and Spa Company Ltd agrees to deliver the Goods to a Delivery Location other than The Luxury Garden and Spa Company Ltd premises, the Customer shall be liable to pay all applicable charges for transport, packaging and insurance.

    • Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence.

    • If The Luxury Garden and Spa Company Ltd fails to deliver the Goods (or any instalment), its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement Goods of similar description and quality in the cheapest market available, less the price of the Goods. The Luxury Garden and Spa Company Ltd shall have no liability to deliver the Good due to the failure of the Customer providing The Luxury Garden and Spa Company Ltd with adequate delivery instructions or may other instructions that are relevant to the supply of the Goods. 

    • If the Customer fails to take, accept or collect delivery of Goods within the agreed time, in our discretion, The Luxury Garden and Spa Company Ltd may make an additional charge and invoice the Customer.

    • If you collect the Goods from The Luxury Garden and Spa Company Ltd premises the Customer is solely responsible for the size, weight and positioning of the load on the vehicle and shall indemnify The Luxury Garden and Spa Company Ltd in respect of all costs, claims, losses or expenses that may occur as a result of collecting the Goods.

    • The Luxury Garden and Spa Company Ltd shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

    • If ten business days after the day on which The Luxury Garden and Spa Company Ltd notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, The Luxury Garden and Spa Company Ltd may resell or otherwise dispose of part or all of the Goods.

    • The Luxury Garden and Spa Company Ltd may deliver the Goods in instalments, which shall be invoiced and paid for separately. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment. 

  • Quality/Inspection

    • The Luxury Garden and Spa Company Ltd warrants that on delivery the Goods shall:

      • conform in all material respects and their descriptions; and

      • be free from material defects in design, materials and workmanship 

    • You must advise The Luxury Garden and Spa Company Ltd by telephone immediately and give The Luxury Garden and Spa Company Ltd written notice within three working days of unloading of any claim for short delivery.

    • If you do not give The Luxury Garden and Spa Company Ltd notice within that time, the Goods will be deemed to have been delivered in the quantities shown in the delivery documents.

    • The Luxury Garden and Spa Company Ltd liability for short delivery is limited to making good the shortage only. 

    • You shall inspect the Goods at the place and time of unloading and collection.

    • The Customer must give notice in writing to The Luxury Garden and Spa Company Ltd within three working days of any defects to the Goods.

    • You must advise The Luxury Garden and Spa Company Ltd r by telephone immediately and give The Luxury Garden and Spa Company Ltd written notice within three working days of delivery/collection of any claim defected Goods.

    • IF you do not give The Luxury Garden and Spa Company Ltd notice within that time, the Goods will be deemed to have been accepted and the Customer shall not be entitled to waive any rights to reject Goods.

  • Title and Risk

    • The risk in the Goods shall pass to the Customer in accordance with the applicable incoterm agreed between the parties. If no incoterm has been agreed between the parties, risk in the Goods shall pass to the Customer on completion of delivery.

    • Delivery and title of goods shall not pass to the Customer until The Luxury Garden and Spa Company Ltd have received payment of agreed order in full.

  • Liabilities

    • Nothing in these Conditions shall limit or exclude The Luxury Garden and Spa Company Ltd liability for:

      • death or personal injury caused any it’s negligence, or the negligence of its employees, agents or subcontractors (as applicable);

      • fraud or fraudulent misrepresentation;

      • breach of the terms implied in the Sale of Goods Act 1979;

      • defective products under the Consumer Protection Action 1987; or

      • any matter in respect of which it would be unlawful for The Luxury Garden and Spa Company Ltd to exclude or restrict liability.

    • Subject to clause 11.1;

      • The Luxury Garden and Spa Company Ltd shall under no circumstances whatsoever be liable to the Customer whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and

      • The Luxury Garden and Spa Company Ltd total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 120% of the price of the Goods

  • General

    • Without limiting its other rights or remedies, The Luxury Garden and Spa Company Ltd may terminate this Contract within immediate effect by giving written notice to the Customer if the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of the customer being notified in writing. 

    • On termination of the contact for any reason the Customer shall immediately pay The Luxury Garden and Spa Company Ltd any outstanding invoices or orders including interest to The Luxury Garden and Spa Company Ltd. 

    • Termination of the Contract shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this
      Contract that existed at or before the date of termination.

    • Any provision of the Contract that express or by implication is intended to come into or continue in force on or after termination shall remain in full and effect. 

    • The Customer shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients, suppliers or products of The Luxury Garden and Spa Company Ltd  affairs, customers, clients, suppliers or products of The Luxury Garden and Spa Company Ltd.

    • This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject manner.

    • Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

    • No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

    • A waiver of any right is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy, nor:

      • waive that or any other right or remedy; nor

      • prevent or restrict the further exercise of that or any other right or remedy.

    • If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

    • Any notices or other communications given to a party under or in connection with the Contract shall be in writing, in English, addressed to that party. 

    • No one other than a party to this Contract and their permitted assignees shall have any right to enforce any of its terms. 

    • The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

    • Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation. 

  • Compliance

    • You shall ensure that in any dealing with Us, neither You nor your employees or agents shall commit any offence under the Bribery Act 2010 including not engaging in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Act. You shall inform The Luxury Garden and Spa Company Ltd immediately, You become aware of any actions between the parties that could constitute an offence under the Act.