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General Terms of Website Use Please read the following terms and conditions which govern your use of our website. Your use of our Website constitutes your agreement to these terms and conditions. 1.  This website is provided without any warranties of any kind, either express or implied.   2.  Stephen H. Smith does not warrant that the site and its contents are complete or error free or that the server that makes it available is free of viruses.  3.  Use of the website is entirely at your own risk and you will assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our website.  4.  Stephen H. Smith may make changes to this site and the content at any time including prices and specifications. 5.  We reserve the right of refusal to supply any product or service at any time. 6.  All prices are inclusive of V.A.T.  If you are unable to collect products from our stores, delivery charges will apply. 7.  All items are subject to availability - please telephone before you travel. 8.  We recommend that you do not communicate your payment card details to anyone, including us, by e-mail. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by e-mail. Any such loss shall not be borne either wholly or partly by us, and shall be entirely your responsibility. 9.  The appearance and colours of products shown on this site will not exactly reproduce the appearance of the physical products themselves. All sizes quoted are approximate. 10.  All images, graphics, illustrations, photographs and written and other material contained within this website is the copyright of Stephen H. Smith's Garden & Leisure.   11.  This website is intended for general personal and non-commercial use only. 12.  We do not accept any liability whatsoever for any loss which may arise from your reliance upon information contained in this website.  We reserve the right to change any information at any time and without prior notice. 13.  This site may contain links to other websites operated by third parties.  Stephen H. Smith does not control any information, products or services in the linked websites and cannot accept any liability whatsoever for the content of such websites.   Furthermore, the link does not imply any endorsement or approval of linked websites or of the products or companies to which they relate.  Access to linked websites is at your own risk. 14.  We have included the option for you to make feedback about our website.  Stephen H. Smith is not obliged to keep the comments confidential or pay you any money for your comments.  The comments shall be solely the property of Stephen H. Smith, who shall not be limited in any way in their use.  You are solely responsible for any comments you make. 15.  To the extent permitted by law, Stephen H. Smith's Garden & Leisure accepts no liability for any loss, damage or injury arising as a consequence of any advice provided on this website. 16.  If any part of these terms of use are found to be unenforceable as a matter of law, all other parts of these terms of use shall not be affected and shall remain in force.   Our Terms of Business 1     DEFINITIONS 1.1  "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller; 1.2  "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977; 1.3  "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions; 1.4  "Goods" means the articles that the Buyer agrees to buy from the Seller; 1.5  "Seller" means Stephen H. Smith’s Garden & Leisure of Pool Road, OTLEY, West Yorkshire, LS21 1DY that operates www.shrubs.co.uk; 1.6  "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller; 1.7  "Website" means www.shrubs.co.uk. 2     CONDITIONS 2.1  Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer. 2.2  These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. 2.3  Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. 2.4  Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. 2.5  Any complaints should be addressed to the Seller's address stated in clause 1.5. 3     ORDERING 3.1  All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller.  The Seller may choose not to accept an order for any reason. 3.2  Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days. 3.3  When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in our On-line Shopping Help section. 4     PRICE AND PAYMENT 4.1  The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. The price excludes delivery charges. 4.2  The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order. 4.3  After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer. 4.4  In the case of consumer sales, payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods. 5     RIGHTS OF SELLER 5.1  The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order. 5.2  The Seller reserves the right to withdraw any goods from the Website at any time. 5.3  The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order. 6     AGE OF CONSENT 6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods. 6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice. 7     WARRANTY The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose. 8     DELIVERY 8.1  Goods supplied within the UK will normally be delivered within 5 to 15 working days of acceptance of order. 8.2  Goods supplied outside the UK will normally be delivered within the agreed number of working days of acceptance of order. 8.3  Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund. 8.4  The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. 8.5  Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. 8.6  Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods. 9     CANCELLATION AND RETURN 9.1  The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller writing by email, letter or fax within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. 9.2  Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller packed carefully and securely in the original packaging to be approved by our carrier. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective. 9.3  If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller within 7 working days of receipt of the Goods. The right to cancel does not apply to contracts for the supply of software, audio or visual recordings if these have been unsealed by the Consumer. 9.4  Goods must be returned by the Buyer at the Buyer’s expense packed carefully and securely in the original packaging to be approved by our carrier and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (excluding delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer. 9.5  Goods to be returned must clearly show the order number obtained from the Seller on the package. 9.6  Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage. 10 LIMITATION OF LIABILITY 10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever. 10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees. 11 WAIVER No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future. 12 FORCE MAJEURE The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. 13 SEVERANCE If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated. 14 CHANGES TO TERMS AND CONDITIONS The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase. 15 GOVERNING LAW AND JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with the law of [England OR Scotland] and the parties hereby submit to the exclusive jurisdiction of the [English OR Scottish] courts.   Other Terms of Business Products with a name ending with the characters XXXX will be supplied direct to you by Two Wests & Elliott Ltd, Unit 4 Carrwood Road, Sheepbridge Industrial Estate, Chesterfield, Derbyshire. S41 9RH.  Telephone 0870 4448274.  Card payments for these items will be processed by Two Wests & Elliott Ltd.  Two Wests & Elliott Ltd Terms of Business will apply to these orders.