All orders placed for goods are also subject to You Garden Limited's Terms & Conditions below together with the General Terms & Conditions
It is important you understand that Archant is not the seller of the goods (other than the Membership) on the Marketplace and unless is listed as such on the Marketplace, and shall have no liability to you, for any claims, demands, losses, damages, or penalties arising out of any transaction with the Seller.
These Terms & Conditions apply to www.enjoygardeningmore.co.uk (the "Marketplace") which is owned by Archant Community Media Limited (whose registered office address is Prospect House, Rouen Road, Norwich NR1 1RE and whose company number is 19300 in England and Wales.), referred to below as ("Archant").
The Seller of the goods and associated guarantees is You Garden Limited ,(whose registered office address is Stephenson Smart, 22-26 King Street, King's Lynn, Norfolk, PE30 1HJ and whose company number is 07864712 in England and Wales). (the "Seller" "You Garden"), whose terms and conditions Terms & Conditions are detailed separately below.
When you place an order for any goods (other than Membership) on the Marketplace, you are placing an order and legally contracting with You Garden Limited who is solely responsible for making the goods available for purchase (including by taking Orders, collecting payment, fulfilling the goods and providing any guarantees). Any financial transaction is made directly between you and the Seller and not with Archant, unless otherwise stated.
To use the Marketplace you must be legally capable of entering into a financial contract.
These Terms & Conditions are subject to change at any time. You should check these Terms & Conditions posted on the Marketplace periodically to ensure that you are aware of and comply with the current version. Any such change will be effective to all new Orders once included in the text of these Terms and Conditions and posted on the Marketplace. Your acceptance of these Terms and Conditions is given when you purchase goods from the relevant Seller(s).
You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times. Neither the Marketplace nor the Seller shall be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
To the fullest extent possible under applicable law, Archant disclaims any and all warranties of any kind whether expressed or implied, in relation to its website, goods and services. This does not affect your statutory rights in relation to faulty or damaged products or your contract cancellation rights.
Archant will not be liable, in contract, tort (including without limitation, negligence), pre-contract or other representations (except for fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms & Conditions for: any economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings); any loss of goodwill or reputation and any special or indirect losses suffered or incurred arising out of or in connection with the provisions of any matter under these Terms & Conditions.
Nothing in these Terms & Conditions will limit the liability of Archant for death or personal injury resulting from its negligence or that of its servants, agents and employees.
Archant does not guarantee continuous, uninterrupted access to the Marketplace, and operation of the Marketplace may be interfered with by numerous factors outside Archant's control.
Archant does not endorse, nor makes any warranty as to the accuracy, suitability, completeness, reliability or continuous supply of any information or content supplied on this website.
All rights, including copyright in the content of the web site are owned or controlled by either Archant or You Garden. In accessing the Marketplace, you agree that you may only download any content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium) transmit, show or play in public, adapt or change in any way the content of the web pages for any other purpose without the prior written permission of Archant or You Garden. Nothing contained herein shall be construed as conferring any licence by Archant to use any material displayed. Permission to reproduce any material on this website must be obtained from the copyright holder concerned.
The name Enjoy Gardening More, Archant and You Garden and all Enjoy Gardening More, Archant and You Garden logos, slogans, programme names and designs are the trade marks, service marks, trade names and design rights of Archant or You Garden and cannot be reproduced without the prior written consent of the respective owner of such rights. Where the names, logos and trademarks of third parties are displayed these are used with the permission of the owners.
Nothing under these terms and conditions affects your statutory rights.
Nothing in these Terms & Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation, which cannot lawfully be excluded or limited.
You acknowledge that Archant has no control over any content supplied by third parties including the Seller which can be accessed via this site. Archant excludes all liability relating to the value and integrity of such third party products and services.
Subject to any obligations under the non-excludable provisions and to the fullest extent permitted by law, in no event shall the marketplace and any of their respective parents, subsidiaries, affiliates, related companies, suppliers, advertisers sponsors, third party service providers, and their respective employees, officers, directors, and agents be liable for any incidental, consequential, punitive, indirect or special damages (or lost profits and damages) whether based on warranty, contract, tort (including without limitation negligence), or any other legal theory, and whether or not the marketplace are advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in this paragraph may not apply to you. If the forgoing limitations are held inapplicable for unenforceable for any reason, then, subject to any obligations under the non-excludable provisions and to the fullest extent permitted by law, the maximum liability (severally and not jointly) to you for any type of damages shall be limited to the greater of the actual amount paid by you for any goods.
All notices which Archant and/or the Seller need to give to you under these Terms & Conditions will be sent by Archant and/or the Seller to your registered e-mail or postal address.
If any provision of these Terms & Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
These Terms & Conditions shall be governed by the laws of England and Wales, and you and the Seller agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes or any matter arising out of your use of this website.
The following terms (together with the General Terms & Conditions) apply to the Membership to Enjoy Gardening More (the "Membership") which is owned by Archant and operated by You Garden on Archant's behalf.
For the Auto Renewal Yearly Subscription to the Membership the minimum term is two years. If you do not wish to renew for a third or subsequent year ("subsequent year") please contact us (details below) at least two weeks before your payment is due for such subsequent year ("Notice"). No refunds will be given if we do not receive the specified Notice.
Email us at email@example.com
Telephone us on 0800 9 558 558 (open Mon-Sat 08:00-20:00; Sun 09:00-18:00; Bank Holidays 10:00-16:00; closed Easter Bank Holiday, Christmas Day & Boxing Day)
Memberships' Money Off Vouchers can be used in addition to any Enjoy Gardening More advertised offer codes. Note - only one voucher may be used per order.
The following applies to the Membership Money Off Vouchers which:
All sales using any Membership benefits will be subject to You Garden Limited's Terms & Conditions below.
Archant reserves the right to alter the benefits of Membership from time to time. Where such benefits are deemed by Archant in its reasonable opinion to be less than current benefits. Archant will contact members to make them aware of such changes and detail the options available.
At their sole discretion, Archant reserves the right to terminate a Membership at any time. If the Membership is terminated, Archant shall refund, pro-rated, any remaining months of subscription.
Archant further reserves the right to move the operation of the Membership to a different partner to You Garden. If Archant undertakes such a move you will be contacted to make you aware of the options available to you at such time.
Archant's liability to a Member is limited to the amount paid for Membership by such Member in the preceding 12 month period.
Subject to not having taken any benefit from the Membership you have the right to cancel your Membership up to 14 calendar days after receipt. If you wish to cancel during this time please contact us using the details above. Your statutory rights are unaffected by any of these Terms & Conditions.
Unfortunately these have to be quite long and detailed, but You Garden hope they explain everything nice and clearly . . . if they do not, or if you have any comments or further queries, do let us know! We can be contacted on the details below.
All products are supplied with a complete and unconditional guarantee for the first 30 days after you receive them, which is in addition to your statutory rights. But, to give you even more assurance, thereafter we are delighted to provide you with the 'Our Lifetime Guarantee' on all hardy plants which means just that!
"If at any time any hardy tree, shrub, plant or bulb you buy from You Garden does not thrive, let us know and we will send you a direct replacement product FREE OF CHARGE, without question - all we ask is that you pay for postage, packing and insurance ("PP&I") for the item."*
*If the product you ordered is no longer available, we will happily replace it with an item of equivalent value.
You Garden want our PP&I charges to be fair. Therefore, you will normally only ever pay one PP&I charge however large your order.
We carefully calculate PP&I charges for every item based on our actual costs, so if you order 2 or more different items, you will pay just the one PP&I charge which relates to the largest item in your basket, (the smaller ones will therefore typically travel for free!). Also, if you order 2 or more of the same item, you will also only pay one P&P charge!
There are a very small number of unavoidable exceptions to this:
Where orders of greater than 5 units of any product are ordered, You Garden Limited reserves the right to apply appropriate delivery charges, which will be passed on at cost.
Compost is heavy and bulky and therefore has to be sent as a separate consignment - so the charge for delivery on this item is per bag.
If you live in the Highlands or Islands of Scotland, Northern Ireland, on the Isle of Man, Isle of Wight or in the Channel Islands, there will usually be surcharges applied, which are charged by our courier. We merely pass these costs on to you for any items to which they apply. Surcharged postcodes include - but are not limited to - the following:
AB, BT, DD8-11, GY, HS, IM, IV, JE, KA27-28, KW, PA20-80, PH19-50, TR21-25, ZE
Where such surcharges do apply, the additional cost will be £6.00 per order.
If you are unsure of your delivery charges, or need confirmation because you live in one of the areas mentioned above, it will always be confirmed in your basket at checkout on our website, or alternatively, please feel free to call us on #(^ZCTRL1("WEB APP",SITEAPP,"CLIENT",%session.Get("Client"),"PHONE"))#.
For certain items that are delivered by third parties (e.g. Machinery items), separate out-of-area surcharges of variable cost may be charged to us by our supplier. In such cases, we regrettably have to pass these on to the customer and will get in touch prior to dispatch of your items.
We always endeavour to send your goods to you promptly and we will usually dispatch in-stock items within 3-5 working days. This will be detailed on the product page where applicable. Otherwise, we commit to sending your order within 7 working days, unless a pre-order item is included.
In instances where we take orders for delivery within a pre-published delivery window, we will publish the expected delivery time in our printed catalogues and advertising - and repeat this in the product listing on our website. We try our best to be on time, however please allow seven days either side of the pre-order date for dispatch, as in most cases this is weather-dependent!
If anything changes due to unexpected seasonal factors we will of course try to let you know. The quickest and easiest way to keep you informed of any changes to your order is by email - so make sure that we have the correct one for you when you place your order.
If part of your order is available for immediate dispatch and part is for pre-ordered items, we will occasionally hold on to your order to deliver in just one parcel. If you have ordered a pre-order item, yet you require part of your order immediately, we are sometimes able to split an order on request - in such cases we reserve the right to charge an additional delivery charge to accommodate this.
Our secure and legally compliant payment system will allow you to pay for your goods in a number of ways - we accept payment for online orders by most major credit and debit cards such as Visa (including Visa Electron), MasterCard, Maestro and Delta. If you wish, you may also pay by PayPal. All payments are processed on receipt of your order.
Any item described as a sale item on the Marketplace has been previously sold by You Garden Limited at the higher price.
Prices always include VAT where appropriate. If the VAT rate changes or there are any unforeseen circumstances affecting the price of goods, we reserve the right to increase or decrease prices accordingly.
Any information we publish electronically or via printed materials is always intended to be as accurate as possible. However, in some cases approximate dimensions or capacities may have to be given. In many cases we are selling natural, living items and therefore the exact size will understandably vary a little. On rare occasions we may have to substitute a very similar item for something you have ordered. We will always do this with care and ensure the replacement is appropriate. If you find a substitute we send you unacceptable, please let us know and we refund the value of the item in question.
Whilst we are more than happy to take orders from everyone, we cannot guarantee to make any special arrangements for orders made on behalf of any commercial enterprise in order to meet certain deadlines, or deviate from our standard delivery procedures. Whilst we will obviously make every reasonable effort to accommodate customer requests, and we always endeavour to ensure orders are delivered promptly, our couriers cannot provide a specifically timed delivery or guarantee delivery for a specific day.
Any orders placed by or on behalf of a commercial enterprise will always be treated in the same way as any other order and subject to our standard prices and delivery promise. All orders are subject to these Terms & Conditions and we will always abide by the Consumer Rights Act 2015. You Garden cannot accept any liability in addition to that which customers are entitled to under the terms of these. In such cases where a refund is provided, our liability is strictly limited to the value of the order including the cost of the product and the associated delivery charge.
A detailed confirmation of the specification of the product will be provided to customers prior to confirmation of their order, in addition to full details regarding charging and shipping of the order.
Such orders will only be taken on a sold as seen basis and full payment must be received prior to shipment.
There are three main ways to contact us and we will always deal with your question as quickly as possible - normally always within 24 hours of receipt.
Email us at firstname.lastname@example.org
Telephone us on 0844 502 4444 (open Mon-Sat 08:00-20:00; Sun 09:00-18:00; Bank Holidays 10:00-16:00; closed Christmas Day & Boxing Day)
Our main phone number is charged at 5p/min plus your network provider's access charge. If you would prefer to contact us on a Freephone number, please call us on 0800 9 558 558.
Write to us:
Enjoy Gardening More
PO Box 637, Wetherby,
York, YO26 0DQ
Whenever you contact us about your order, please confirm your name, address, email and order number as this will allow us to deal with your query more quickly.
If you need to cancel an order please contact us as soon as you can. If your order is for non-perishable goods, you have the right to cancel your order up to 14 calendar days after receipt. It is your responsibility to take reasonable care of the goods whilst in your possession and they must be returned to us in a saleable condition, promptly, at your costs. Your statutory rights are unaffected by any of these business terms.
Your Privacy and Data - please follow this link to the section covering this topic.
We often run special promotions through a variety of media. In such cases, the prices quoted are only available with the application of an offer code, which is quoted in the promotional material. Some of these are applied automatically, such as when you click through from one of our email newsletters, or go to a direct link quoted in a newspaper advert. Others should be applied by entering the code you have into the "Do you have an offer code?" box as you checkout, or by quoting it as you order by phone.
Strictly, only one offer code can be applied to your order, otherwise it would be possible to "stack" discount codes up together and we'd often end up losing money! Club members can benefit from 10% off plants and accessories in addition to any advertised codes.
Please ensure that you have the correct offer code applied when you checkout as, once your order has been dispatched, we may not be able to honour some offers should you use the wrong code. Should you wish to purchase various discounted items from different promotions together, please Contact Us and we'd be happy to arrange our best possible price for you.
Members' money-off Vouchers can be used in addition to any advertised offer codes. Note - only one voucher may be used per order. To find out more about how to become a member, please click here.