1 In General
You are dealing with Ebbs Of St Mawes for the purpose of these terms and conditions referred to as “Ebbs Of St Mawes” or simply “the company”. Access to and use of this Web site and the products and search services available through this Web site (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that the Terms of Service may be updated by us from time to time, and are supplemented by other information throughout the web site. This Web site may also contains links to other Web sites, Web pages and services, which are not operated by Ebbs Of St Mawes (the “Linked Sites”). Your use of such Linked Sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. In any event your link through to such a site will be subject to the these Terms of Service. You recognise that Ebbs Of St Mawes has no control over such Linked Sites and information, and you accept that Ebbs Of St Mawes provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
You will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person’s trade marks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Ebbs Of St Mawes Web site.
All correspondance between Ebbs Of St Mawes, its management, officers, employees, consultants, agents, and affiliates, from any and all third party contacts is strictly private and confidential. You will not leave messages or publish any information regarding the above and any correspondance in any newspaper, magazine, television or radio broadcast, customer review website, blog or forum without first seeking prior written confirmation of accuracy and agreement on any such content from Ebbs Of St Mawes. Where any such dissemination of information occurs, legal action may be taken to rectify and correct any inaccuracies, and damages may be sought from the organisations used as the medium of publication and individuals concerned with any publication of such information, where in the opinion of Ebbs Of St Mawes, the reputation or the business of Ebbs Of St Mawes, its subsidiaries or sister companies is or may be adversely affected in any way.
4 Intellectual Property, Software and Content
The intellectual property rights in all software made available and content supplied to you remains the property of Ebbs Of St Mawes, its licensors, advertisers or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by Ebbs Of St Mawes, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the ebbsofstmawes.com site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied Ebbs Of St Mawes, its licensors, advertisers or content suppliers. No license or consent is granted to you to use these marks in any way, and Gardening Express reserves all rights in these and any related marks. You agree not to use these marks or any marks which are colourably similar without the written permission of Ebbs Of St Mawes. Images used online are for guidence only.
5 E-tail of Products and Services
By making a request/order you are offering to purchase a product which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland UK and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. Ebbs Of St Mawes are absolutely entitled to refuse any request made by you. Where a contract is made with a third party Ebbs Of St Mawes is not acting as either agent or principal and the contract is made between yourself and that third party. When making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible. Our returns policy. The cost of products and services may fluctuate. All prices advertised are subject to change without prior notice.
All items on our website are generally in stock for immediate delivery when you place your order. Sizes and measurements of products are approximate and a minimum tolerance level of +/-10% should be allowed.
Fair use Policy
In the case of special offers, discount products and promotions, Ebbs Of St Mawes operates a ‘fair use policy’ and shall absolutely retain the right to accept, decline or vary orders placed for any products, if it is felt they go against the spirit of any offer made. For example, we reserve the right to cap the maximum quantity of a product any individual or household may order, and will reimburse orders in part or in full where we feel over-ordering that goes against the spirit of offers and this ‘fair use’ has occured. This policy exists to ensure the maximum number of customers can benefit from these offers and ensure we will be able to continue offering the maximum value for money for our products throughout the UK.
Ebbs Of St Mawes delivers all year round to the mainland UK with the exemptions that are stated within our delivery information page. Please see our delivery information page for further information if you are unsure whether the delivery charge stated is to the delivery address you are requesting. If the incorrect area is selected, an administrational fee will be applied to correct this. It is important that you specify a delivery address and it is vital that the information is accurate. Subject to stock, all items should be received within 7 working days from date of order placed. We suggest you have the items sent to an address where there will be somebody to receive your order and the products are signed for upon receipt. If the goods are not accepted/colected and signed for the carrier may return the goods to us. If the carrier should subsequently return the goods to us having left cards and attempted the delivery and if collection from the carrier is not made, we reserve the right to charge a 25% restocking fee.
6 DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE AND THE LINKED SITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, Ebbs Of St Mawes DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND CONTENT INCLUDED IN AND ACCESSIBLE FROM THIS WEB SITE OR THE LINKED SITES.
7 DISCLAIMER OF LIABILITY
UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW Ebbs Of St Mawes, ITS CONTENT PROVIDERS, ADVERTISERS OR LINKED SITES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEB SITE OR THE LINKED SITES, EVEN IF Ebbs Of St Mawes HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE. YOU HAVE READ THIS DISCLAIMER AND AGREE TO IT ON THE BASIS THAT YOU AGREE IT IS REASONABLE.
8 DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS (®,- etc)
EXCEPT WHERE EXPRESSLY STATED TO THE CONTRARY ALL PERSONS, PRODUCTS, SERVICES AND LOCATIONS FEATURING ON THE Ebbs Of St Mawes WEB SITE ARE IN NO WAY CONNECTED, ASSOCIATED, LINKED OR AFFILIATED TO Ebbs Of St Mawes. FURTHERMORE, UNLESS IT IS EXPRESSLY STATED ON THE Ebbs Of St Mawes WEB SITE THAT A CERTAIN PRODUCT, SERVICE OR LOCATION IS CONNECTED, ASSOCIATED, LINKED OR AFFILIATED TO THE MAKERS OR RIGHT OWNERS OF A PRODUCT YOU SHOULD NOT MAKE SUCH AN ASSUMPTION, OR RELY IN ANY WAY ON THE EXISTENCE OF SUCH A CONNECTION, ASSOCIATION OR AFFILIATION, BY IMPLICATION OR OTHERWISE. ANY TRADE MARKS/NAMES AS MAY BE FEATURED ON THE Ebbs Of St Mawes WEB SITE ARE OWNED BY THE RESPECTIVE TRADE MARK OWNERS AND Ebbs Of St Mawes CLAIMS NO CONNECTION, ASSOCIATION OR AFFILIATION WITH THEM. WHERE A TRADE MARK (BRAND NAME) IS REFERRED TO IT IS USED TO DESCRIBE OR IDENTIFY THE PRODUCTS, SERVICES OR LOCATIONS (THE “GOODS”) OR ELSE IT IS USED TO IDENTIFY THE MAKER OF A PRODUCT.
You agree to indemnify, defend and hold harmless Ebbs Of St Mawes, its management, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Ebbs Of St Mawes services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
10 Variation of content
Ebbs Of St Mawes shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the Ebbs Of St Mawes Web site.
All information and material submitted by you to Ebbs Of St Mawes or that you publish on any public area of the Ebbs Of St Mawes Web site shall be provided by the submitter and accepted by Ebbs Of St Mawes on a non-confidential basis subject to paragraph 2 above. Furthermore, Ebbs Of St Mawes shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and Ebbs Of St Mawes shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.
Ebbs Of St Mawes may at any time terminate or suspend any part of the Service without notice to you.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
14 Governing law & Legal information
These terms and conditions shall be construed in accordance with English law and the courts of England OR the jurisdiction in which you are resident or domiciled (at Ebbs Of St Mawes election) shall have jurisdiction to resolve any disputes between you and Ebbs Of St Mawes, without regard to any choice of law provisions or private international law. You hereby consent to the exclusive jurisdiction and venue of the UK, for any and all disputes relating to the Terms of Service, use of this Web site or any Linked site in the event that Ebbs Of St Mawes have elected England as the jurisdiction. Our email address is sales (at)ebbsofstmawes.com
15 Entire agreement
The above Terms of Service constitute the entire agreement of the parties in conjuction with other stated policies and FAQ’s published by Ebbs Of St Mawes, and supersede any and all preceding and contemporaneous agreements between you and Ebbs Of St Mawes. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a representative of Ebbs Of St Mawes