AMENITY HORTICULTURAL SERVICES LIMITED

WEBSITE TERMS AND CONDITIONS

Important Notice

These terms and conditions will apply when you access our website and use our on-line ordering service. Before proceeding to place an order, we ask that you read these terms and conditions carefully. You will also find that they contain some useful advice on how to use our on-line ordering service.

If you find yourself unable to agree to these terms and conditions, then you must not use our ordering system.

Part A

1 General Information

For your convenience, we have listed below some general information about ourselves:

• "We" are Amenity Horticultural Services Limited (Company Number 02803955) and our Registered Office is at Coppards Lane, Northiam, E. Sussex TN31 6QE;

• Our e-mail address is info@ahsdirect.co.uk.

2 Formation of Contract

(1) Set out below is a useful summary of the steps which you must follow in order to conclude a legally binding contract with us:

Step 1: By placing an order through our website you agree unconditionally to these terms and conditions.

Step 2: On completing the order form you will be given the opportunity to submit an order to us by clicking on the "order" button which appears at the end of the form. On receipt, we will send to you notification by electronic mail that your order has been processed. Upon receipt of such notification and provided that you are able to access it, a legally binding contract will have been formed between us. We reserve the right not to process your order and accordingly, we will notify you as soon as reasonably possible by electronic mail if this is the case.

If you do not wish to submit an order to us, you should click on the "escape" button and you will return to our home page.

(2) Please note that while we guarantee to send to you a notification of every valid order we receive from you, you will understand that we cannot equally guarantee that the notification we send will be received by you, nor that, if it is received by you, it is legible and uncorrupted.

(3) These terms and conditions shall override any contrary terms or conditions published by us or appearing on this website in relation to any order placed by you with us. However these terms shall be deemed to incorporate (and you agree to be bound by) any additional terms and conditions which may apply to offers and promotions appearing on this website from time to time.

(4) We reserve the right to change our terms and conditions from time to time at our sole discretion without liability to you. The latest terms and conditions will be made available on our website.

3 Conditions of Use of this Website and the on-line ordering service

(1) There are some situations where we cannot accept an order, and in the order form, you will be asked to identify if any of these are applicable to you by either clicking on a "yes" or "no" box. You will ensure that your responses are not misleading or inaccurate, and accordingly you acknowledge that we are reliant upon you to complete the order form accurately.

(2) You agree not to post or transfer to our website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties' computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition 3(2), including, but not limited to, any claims made against us by any third party.

(3) The Data Protection Act 1998 is designed to protect individuals about whom information is entered and stored on computer and other systems. Accordingly, it lays down strict standards of accuracy, relevance and care of such data including how it may be divulged. Any data about individuals you enter onto our website directly or include in any message to us will be subject to the Act and you are responsible for its accuracy and relevance and must have the authority to disclose it and for us to utilise it for the purposes of any transaction concluded for or by you through this website. We will process your personal data in accordance with our Privacy Policy.

(4) In consideration of agreeing to your use of this website, you acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, copyright) in this website belongs to us. Accordingly, any part of this website (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.

(5) You may only use the trade marks featured in our website for the purpose of displaying this website on your computer screen or printing out this website on your printer in accordance with Condition 2(3) above.

(6) You may not link this website to any other website. Furthermore, we do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link with this website, and we do not endorse or approve the content of such third party websites.

(7) Please be aware that to the extent permitted by law and except as expressly provided for in part B of these terms and conditions, we do not accept liability in respect of this website, your use of it or our on-line ordering service.

(8) Use of this website is subject to the laws of England and Wales, and the exclusive jurisdiction of the English Courts.

Part B

1 Description and Pricing

(1) Unless otherwise stated all prices of goods advertised on this website are inclusive of VAT.

(2) Every effort will be made to ensure that the goods you receive match the description and images (if any) set out on this website as far as reasonably possible. However, you acknowledge that some variation may occur, especially when the goods are, or are derived from, naturally occurring products.

(3) On certain occasions a product may be offered as part of a promotion at a reduced price when another product is purchased i.e. buy a set of garden furniture get a bbq for £399 or a product is supplied free as a gift in association with a promotion. In the situation where there is an associated product supplied with the main product, if the main product is returned for any reason, the full amount paid for the main product will be refunded. However the free gift or promotional priced item must also be returned in its original and saleable condition. If the free gift or promotional product is not returned in its original condition, the full retail value of the free gift or promotional product will be charged to the credit/debit card. This applies to all promotions where an associated product is offered at either a discounted price or free of charge with an order for a product at the full price listed on the site.

2 Payments

(1) Payment shall be made by you for all monies owed to us in respect of orders placed on this Website ("Payment").

(2) Payment shall be made on order and is acceptable by cheque or all major credit and debit cards: (Switch, Mastercard, Visa). Cheques and Postal Orders should be made payable to Amenity Horticultural Services Limited and crossed "payee only".

3 Ownership/Risk

(1) The risk of damage to or loss of goods supplied by us will pass to you when the goods are loaded on to the delivery vehicles at our premises. We will not despatch goods to you until we are receipt of Payment in full (including VAT) in cleared funds and ownership in the goods remains with us until that point.

4 Delivery

Delivery refers to the UK Mainland only. However, there may be some post code areas such as IV and AB which will attract an additional carriage charge, even if the order placed qualifies for free delivery. This charge is beyond our control and imposed by our carriers. By all means call us and we will give you the best possible quote, to get your products to you. We are also happy to deliver to the Scottish Highlands & Islands, Northern Ireland, the Channel Islands, Isle of Wight and the Isle of Man, but these locations will also attract an additional cost. This cost is applied even if the order placed qualifies for free delivery, due to unavoidable shipping costs. Please do call or e-mail us and we will happily get you a quote to be able to ship your goods for you. We want you to be aware that this is a cost that we incur from the courier services that we use and cannot be avoided, but we will do everything to ensure we source the most cost effective carrier.

We will endeavour to notify you if any of your items are out of stock, within 1 working day of you order.

Delivery times are not guaranteed and should your order be delayed by factors beyond our control or by factors we are not aware of, we cannot be held responsible or liable for late deliveries. We will notify you if know your delivery has or is going to be delayed and/or if we have been informed by the courier service.

Order values over £44.99 that attract free delivery, do not and cannot include products that are already marked delivered free. For example if you purchase a greenhouse and a tin of Coolshade, the total order value will clearly be in excess of £44.99 but the greenhouse value cannot be included so the order value is just the cost of the Coolshade, and carriage will therefore need to be paid. Bag deals cannot be included in the £44.99 total order value.

5 Right to withdraw

(1) In certain circumstances, you may have the right to withdraw from the contract without penalty and without the need to give us any reason, at any time during a period of seven working days (Monday to Friday inclusive) which in the case of goods shall begin from the day after the day of receipt of the goods by you and in the case of services, from the day after the day of conclusion of the contract.

(2) For your convenience, we will notify you as to whether you have a right to withdraw in respect of any of the products on the order form.

(3) We agree to reimburse you, free of charge, within 30 days of notification of withdrawal, the purchase price you paid for the goods or services, although we do reserve the right to charge you for the cost of returning any goods (which shall be by deduction from the purchase price).

(4) This right of withdrawal shall not apply, in any event, in the following circumstances:

• to services if performance of the contract has begun with your agreement, before the end of the seven working day period; or

• to any goods made to your specification or personalised at your request.

6 Damaged Goods And Returns Policy

We want all our customers to be happy and if you do have a genuine problem with quality or damage to any items that you have received, we want to know about it. If damage has been caused while in transit to you, please keep all packaging and the damaged item and inform us immediately; we will then be able to take the matter up with our carrier and make sure a replacement is despatched to you. The carrier will be under instruction to collect the damaged item for return to AHS Direct. If any of the goods have been used, or are not available for collection, in certain circumstances AHS Direct will not be able to replace them.

ISSUES OF QUALITY: Contact our customer service department outlining your quality issues via customerservices@ahsdirect.co.uk. This will provide us with an opportunity to investigate, and in some circumstances we may ask you to return the item to help us with our investigation. If necessary, we will arrange a replacement or refund. In all circumstances, complaints of quality or damage will only be entertained up to a maximum of 30 days after date of delivery.

On certain occasions a product may be offered as part of a promotion at a reduced price when another product is purchased i.e. buy a set of garden furniture get a bbq for £399 or a product is supplied free as a gift in association with a promotion. In the situation where there is an associated product supplied with the main product, if the main product is returned for any reason, the full amount paid for the main product will be refunded. However the free gift or promotional priced item must also be returned in its original and saleable condition. If the free gift or promotional product is not returned in its original condition, the full retail value of the free gift or promotional product will be charged to the credit/debit card. This applies to all promotions where an associated product is offered at either a discounted price or free of charge with an order for a product at the full price listed on the site.

7 Warranties and Liability

THIS WEBSITE IS PROVIDED BY ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS FOR SALE ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

TO THE FULL EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAILS WHICH MAY BE SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

OUR ENTIRE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT, YOUR ORDER, THE GOODS SUPPLIED OR OTHERWISE SHALL NOT EXCEED THE VALUE OF YOUR TOTAL PAYMENTS TO US.

Nothing in this agreement shall serve to exclude or limit our liability in respect of death or personal injury caused by our negligence.

8 Termination

We reserve the right to terminate this agreement immediately on notice to you in the event that you are deemed to be in material breach of any term of this agreement including without limitation Part A, Section 3, Conditions 2 and 3 and Part B, Section 2.

Part C

1 Complaints

We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at the address given in Section 1 of Part A above. We will try to do our best to solve any problems that arise.

2 Force Majeure

We do not take responsibility for any event which is outside our reasonable control nor for any consequential loss arising from such an event.

3 Entire Agreement

This agreement supersedes any prior agreements or arrangements which may have subsisted between us, provided the information you have given to us is not incorrect or fraudulent.

4 Interpretation

In this agreement:

(1) reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;

(2) words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporate; and (in each case) vice versa;

(3) any reference to a party to this agreement includes a reference to his successors in title and permitted assigns;

(4) the headings to the Clauses are for ease of reference only and shall not affect the interpretation or construction of this agreement.

5 Law

This Agreement shall be governed by and construed in accordance with the laws of England.

6 Severability

Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.

7 Third Parties

The parties confirm their intent not to confer any rights on any third parties by virtue of this Agreement and accordingly the Contracts (Rights of Third parties) Act 1999 shall not apply to this Agreement.