These Terms and Conditions set out the use of this site. By accessing this Website and/or placing an order you are agreeing to operate strictly in accordance with these conditions and therefore agreeing to be bound by the Terms and Conditions set out below. If you do not agree to be bound by these Terms and Conditions you may not use or access this Website.
We encourage you to save a copy of these Terms and Conditions of Use using the ‘save as’ function of your browser or to print a copy using the ‘print’ function of your browser.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
Active Garden Ltd may update these Terms and Conditions from time to time. Any such changes will be announced on the Website. You will be responsible for reading the Terms and Conditions on each occasion that you use this Website and your continued use of the Website shall signify your agreement to be bound by the Terms and Conditions.
All rights, including copyright, in this Website are owned by or licensed to Active Garden Ltd. Therefore you cannot copy, store and/or distribute its contents in whole or part, other than for your own personal or non-commercial use without our written permission. You also agree not to assist or facilitate any third party in the aforementioned.
Active Garden Ltd reserve the right to modify, withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website. Whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be in acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
By making the offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchased transactions.
Making A Purchase
Making a purchase could not be easier. Just browse our website, and click on any items that you wish to buy and put them into the shopping basket by clicking "add to basket". After you have finished your selection, visit the basket on the top right of the website, click on "Checkout" and you will be asked for a few details that we need to be able to satisfy the order.
All orders that you place on this Website will be subject to acceptance in accordance with these Terms and Conditions.
Your Personal Details may be disclosed to reputable third parties who will help process your order. Our policy requires all such third parties to treat your Personal Details as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation.
All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available.
Non-acceptance of an order may be a result of:
• Out of Stock
• Our inability to obtain authorisation of your payment
• The identification of a pricing or product description error
• You do not meet the eligibility to order criteria
The contract will be concluded in English. The Terms and Conditions has been governed by and construed in accordance with the laws of England and only the English courts will decide any disputes.
Under the distance selling regulations you have the legal right to cancel your order within seven days from the date after the receipt of the order (with the exception of items made to your specification). Where goods are delivered to a third party (e.g. a gift) you will only be able to exercise this right if you are able to return us the goods you ordered.
Description of Products
Active Garden Ltd take all reasonable care in the preparation of the content of this Website, in particular to ensure that details, descriptions and prices of products on Active Garden Ltd’ Website are correct at the time of publishing and all products have been fairly described. Although we aim to keep the website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.
Orders will only be accepted if there are no material errors in the description of the goods or their price as advertised on this Website. We have made every effort to display as accurately as possible the colours of the products that appear on the Website. The actual colours you see will depend on your monitor. We cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
To the extent permitted by applicable law, Active Garden Ltd disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Website. All sizes quoted are approximate. Active Garden Ltd shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.
Some of the products may be made from wood or other natural materials which unlike steel or plastic or other man made materials can be affected by its environment. Also each piece of timber will have grains and knots which will vary. These variations can absorb treatment and react with the atmosphere differently.
Some splitting of the timber may occur as it expands and contracts with changes in humidity and temperature, knots may also fall out. This is perfectly natural and does not affect the integrity of the product and does not class as damage unless it makes the product unfit for purpose. Your statutory rights are not affected.
Payment and Prices
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
All prices include VAT (where applicable) at the applicable current rates.
While we try and ensure all prices on our Website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
This Website is only for delivery of products to customers in the UK mainland
Delivery times are estimated and vary according to the product. Also delivery times might change according to seasonal demands. Please contact us if you need a product for a specific date, to avoid disappointment.
We make every effort to deliver items within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Active Garden Ltd shall be under no liability for any delay or failure to deliver the products within our estimated time scales. We reserve the right to charge for delivery in the event that incorrect information is provided by the customer to Active Garden Ltd resulting in a re delivery of your order or replacement parts.
Unless otherwise stated, we aim to deliver all items within 3 weeks of the date of purchase, unless otherwise stated or arranged with the customer.
Small items such as garden games, ride on toys, swings, slides and climbing frame accessories are normally delivered within a week. Most climbing frames are delivered within 2 weeks. But some items could be up to 4 weeks. Please refer to the item description for details.
We will ring you if there is any difficulty with your delivery schedule.
If your items are not in stock, we will contact you to inform you the schedule and if it is not convenient for you, you can always cancel your order.
Accepting delivery: please check your delivery and sign as damaged if there is any visible damage to box or goods.
Although we do everything to ensure your items arrive in perfect condition, if you do discover a problem with your purchases please contact us within 2 days of your delivery date with details of the fault in full. We will contact you to try and resolve the problem asap.
Risk of loss or damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage, expenses (including loss of profits, business or goodwill) whatsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as stated in the Terms and Conditions.
You can track your order at any time by emailing us at: firstname.lastname@example.org including your order details (given in your invoice/receipt).
If your item is not in stock, we will back order for you and won’t charge it until is ready to dispatch. You will be contacted promptly to be informed of the situation. You will always be emailed with the option to cancel your order if you would rather not wait.
Installation of Product
You must ensure that you have received and checked your order in full before booking any fitters or contractors. Active Garden Ltd will not be liable for any economic loss or claims (including without limitation loss of revenues, data, profits, expenses, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses due to fitters and contractors not being able to continue installation as a result of missing, damaged, non delivery or incomplete delivery of goods ordered from Active Garden Ltd.
Where Active Garden Ltd provide details about installers or where you use your own installer the contract is between you and the installer. Therefore we cannot accept any liability claims arising from the installation of products purchased from us, and in the event of any queries or problems arising from work carried put by the installers, customers must contact the installer concerned.
Credit Card Security
Payments are processed through our Secure Server by sagepay.
Sagepay is the largest independent Payment Service Provider in the UK, providing payment gateways that specialise in processing secure online credit card transactions for thousands of online and mail order businesses across the United Kingdom. It has achieved the highest level of compliance under the Payment Card Industry Data Security Standard (PCI), adhering to the most stringent levels of fraud screening, ensuring that your customer's details remain secure throughout the transaction process. www.sagepay.com
Sage pay Guarantee
We guarantee your satisfaction. <All of our products come with a 30 day no quibble guarantee.>
If you need to reach us, please use the contact details above, or tel: 01568 782241, email email@example.com within office hours.
Active Garden Ltd do not disclose buyers' information to third parties. Cookies are used on this shopping site to keep track of the contents of your shopping cart once you have selected an item, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option.Data collected by this site is used to:
1. Take and fulfill customer orders
2. Administer and enhance the site and service
3. Issue a unique identifier (e.g. customer login)
4. Monitor customer account status beyond that required for individual purchases
5. Only disclose information to third-parties for goods delivery purposes
We will treat all your Personal Details as confidential (although we reserve the right to disclose this information in the circumstances set outabove). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation.
We pledge that we will not release your Personal Details to any company outside Active Garden Ltd for mailing or marketing purposes.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Details and/or User Information, we are entitled to do so.
We accept your items back within 30 days of the purchase date. We will not cover the postage unless the product is signed for as damaged. This does not affect your statutory rights.
Returns requests must be done in writing to our email address: firstname.lastname@example.org. Please do not send any returns unless previously agreed with us.
Item must be returned in saleable condition in original packaging. Damage or worn items cannot be exchanged. Refunds are given on the understanding that both the purchase item and postage and packaging cost will be refunded in full, but not the cost of returning the item. Refund payments will be made only directly to the card used to purchase the items.
Any disclaimers and exclusions of liability in these Terms and Conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Active Garden Ltd or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Details.
We pledge that we will not release your Personal Information to any company outside Active Garden Ltd for mailing or marketing purposes.
If any part of these Terms and Conditions is found to be unenforceable as a matter of law, all other parts of these Terms and Conditions shall not be affected an shall remain in force.
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 working days of the delivery of the goods in question.
You must observe and comply with all applicable regulations and legislation including obtaining all necessary customs, import or other permits to purchase goods from our Website. Certain national laws may prohibit the importation or exportation of certain goods to you. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
These Terms and Conditions do not affect your statutory rights
GDPR: DATA PRIVACY NOTICE FOR CLIENTS AND SUPPLIERS
Active Garden Ltd. ("We") are committed to protecting and respecting your privacy.
us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
The rules on processing of personal data are set out in the General Data Protection Regulation (the “GDPR”).
Data controller - A controller determines the purposes and means of processing personal data.
Data processor - A processor is responsible for processing personal data on behalf of a controller.
Data subject – Natural person
Categories of data: Personal data and special categories of personal data
Personal data - The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier
(as explained in Article 6 of GDPR). For example name, passport number, home address or private email address. Online identifiers include IP addresses and cookies.
Special categories personal data - The GDPR refers to sensitive personal data as ‘special categories of personal data’ (as explained in Article 9 of GDPR). The special categories specifically
include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, trade union membership,
political opinions, religious or philosophical beliefs.
Processing - means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording,
organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction,
erasure or destruction.
Third party - means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or
processor, are authorised to process personal data.
2. Who are we?
Active Garden Ltd is the data controller. This means we decide how your personal data is processed and for what purposes. Our contact details are: Tel: 01568 782241, Brookhouse Farm, Leys Lane,
Bircher, HR6 0AY, email@example.com. For all data matters contact Marianela Smith on 01568782241.
3. The purpose(s) of processing your personal data
We use your personal data for the following purposes:
4. The categories of personal data concerned
With reference to the categories of personal data described in the definitions section, we process the following categories of your data:
We have obtained your personal data from your orders and online forms.
5. What is our legal basis for processing your personal data?
a) Personal data (article 6 of GDPR)
Our lawful basis for processing your general personal data:
☐ Processing necessary for the performance of a contract with the data subject or to take steps to enter into a contract
☐ Processing necessary for compliance with a legal obligation
FULFIL A CONTRACT
More information on lawful processing can be found on the ICO website.
6. Sharing your personal data
Your personal data will be treated as strictly confidential, and will be shared only with the people and companies involved in fulfilling your order and financial clearance (data processors, transport
companies, credit card companies, credit checks (account applications))
7. How long do we keep your personal data?
We keep your personal data for no longer than reasonably necessary and we only retain your data for the following purposes and use the following criteria to determine how long to retain your personal
data: customer records, guarantee claims, HMRC requirements, customer purchase/enquiry history, quotations for future reference.
8. Providing us with your personal data
We require your personal data as it is a contractual requirement.
For quotation purposes, you are under an obligation to provide your personal data to us in full.
If you fail to adhere the consequences will be that the quotation might be inaccurate.
9. Your rights and your personal data
Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:
The right to request a copy of the personal data which we hold about you;
The right to request that we correct any personal data if it is found to be inaccurate or out of date;
The right to request your personal data is erased where it is no longer necessary to retain such data;
The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where
applicable i.e. where the processing is based on consent or is necessary for the performance of a contract with the data subject and where the data controller processes the data by automated
The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
The right to object to the processing of personal data, (where applicable i.e. where processing is based on legitimate interests (or the performance of a task in the public interest/exercise of
official authority); direct marketing and processing for the purposes of scientific/historical research and statistics).
10. Transfer of Data Abroad
WE DO NOT TRANSFER PERSONAL DATA OUTSIDE THE EEA.
11. Automated Decision Making
WE DO NOT USE ANY FORM OF AUTOMATED DECISION MAKING IN OUR BUSINESS.
12. Further processing
If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing
and setting out the relevant purposes and processing conditions.
14. How to make a complaint
To exercise all relevant rights, queries or complaints please in the first instance contact us on 01568782241.
If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email
https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website , www.activegarden.co.uk (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
Www.activegarden.co.uk is a site operated by Active Garden ltd. (we or us). We are registered in England and Wales under company number 5200788 and we have our registered office at Brookhouse Farm, Leys Lane, Bircher, HR6 0AY. Our main trading address is Brookhouse Farm, Leys Lane, Bircher, HR6 0AY. Our VAT number is 862 8663 85.
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.