Please read all of the following terms and conditions -

These terms and conditions will apply to the purchase of Goods by you (the ‘Customer’, or ‘You’) from us, Arden Gnomes (the ‘Supplier’, or ‘Us’, or We’).

We intend that these terms and conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us.

Interpretation:

The following terms are referred to throughout this document,

- CONSUMER refers to an individual acting for purposes which are wholly or mainly outside their trade business, craft, or profession.

- CONTRACT refers to the legally binding agreement between you, and us for the supply of Goods.

- DELIVERY LOCATION refers to the Consumer’s premises or other location where the Goods are to be delivered, as set out in the Order.

- DURABLE MEDIUM refers to paper, email or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way which is accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.

- GOODS refers to the products advertised on the Website that we supply to you in number and description as set out in the Order.

- ORDER refers to the Customer’s order for the Goods from the Supplier as submitted following the step-by-step process as set out on the Website.

- PRIVACY POLICY refers to the terms which set out how we will deal with confidential and personal information received from you via the Website.

- WEBSITE refers to our Website: https://arden-gnomes.co.uk on which the Goods are advertised.

Orders:

By placing an order with us you will be deemed to have read, understood, and agreed to these Terms and Conditions. If you are unhappy with any aspect of these terms, then you should contact Arden Gnomes before placing an order with us either by email at: jayne@arden-gnomes.co.uk or by post using the address given at the bottom of this document.

The Order process is set out on the Website, each step allows you to check and amend prior to its submission. It is your responsibility to ensure that you have followed the Order process correctly. By placing an order via this Website you are making an offer to Arden Gnomes to purchase the goods detailed in your order upon the terms described in your order.

Once you have placed an order, we will send you a confirmation that your order has been received. This is not a confirmation that your offer to purchase the goods has been accepted. You must ensure that the order confirmation is complete and accurate, should any errors be present you must inform us immediately. We cannot be held responsible for any inaccuracies in the Order placed by you.

A contract between you and Arden Gnomes for the sale of our products will only exist once an order has been accepted, processed, and despatched to you. No variation of the Contract, whether about the descriptions of the Goods, Fees, or otherwise can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

Once your order has been dispatched, the completion of the contract between Arden Gnomes and yourself takes place. We will be unable to fulfil any obligations if the following reasons apply:

• The product you ordered being unavailable from stock.

• Our inability to obtain authorisation for your payment.

• The identification of a pricing or product description error.

• Customers who fail to reach any order criteria set out in the Terms & Conditions.

If there are any problems with your order, you will be contacted by a member of Arden Gnomes either by email or by phone.

We reserve the right to reject any offer of purchase by you at any time. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure but, in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Withdrawal, Returns and Contract Cancellation:

This is a distance contract (as defined below) which has the cancellation rights set out below. These cancellation rights, however, do not apply to a contract for the following Goods (with no others) in the following circumstances:

a) Goods that are made to your specifications or are clearly personalised.

Cancellation Rights

You can withdraw the Order by contacting us prior to despatch, and without incurring any liability.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.

• Effects of cancellation in the cancellation period

Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

• Deduction for Goods supplied

We may make a deduction from the reimbursement for loss in value of the Goods supplied, if the loss is the result of careless handling by you (e.g., unpacking/re-packaging. i.e., it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss. Any damage to the packaging or box on delivery must be photographed immediately and reported to the seller with the evidence, no later than that same day of delivery.

• Timing of reimbursement

If we have not offered to collect the Goods, we will make the reimbursement without delay, and not later than

a) 14 days after the day we receive back from you any Goods supplied, or

b) (If earlier) 14 days after the day you provide evidence that you have sent back the Goods.

If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel this Contact.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event you will not incur any fees as a result of the reimbursement.

• Returning Goods

If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them to us at the address as detailed at the bottom of this document without delay and in any event not later than 14 days from the day on which you communicated to us your cancellation of this Contract. The deadline is met if you send back the Goods prior to the period of 14 days expiry date. You are responsible for the cost of returning the Goods.

For the purposes of these Cancellation Rights, these words have the following meaning.

a) distance contract means a contract concluded between a Trader/Supplier and a Customer under an organise distance sales or service provision scheme without the simultaneous physical presence of the Trader/Supplier and the Consumer, with the exclusive use of one or more means distance communication up to and including the time at which the contract is concluded.

b) sales contract means a contract under which a Trader/Supplier transfers or agrees to transfer the ownership of goods to a Consumer and the Consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.

Upon delivery, the Goods will:

a) be of satisfactory quality;

b) be reasonably fit for any particular purpose for which you buy the Goods which before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

c) conform to their description.

Please note that you are entitled to cancel this contract if you so wish, provided you exercise your right no longer than 14 days after the day on which you receive the products. If you wish to exercise your right to cancel this contract prior to order despatch, please contact us via email at jayne@arden-gnomes.co.uk. If your order has already been despatched, please follow the procedure set out in Returns Policy.

Product Pricing & Descriptions:

Each product purchased is sold subject to its Product Description. We will take all reasonable care to ensure that all details, descriptions, and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. 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 at the exact moment you place an order.

Please note all Goods which appear on the Website are subject to availability.

The price of the Goods and any additional delivery or other charges is as set out on the Website at the date of Order or such other price as agreed in writing between the Supplier and Customer.

Payment:

Payment for all orders is at point of despatch.

All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system.

The total cost of your order is the price of the products ordered plus cost of delivery.

You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer.

If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website.

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this Website whether or not that product has been sold.

To be eligible to purchase products on this Website and lawfully enter into and form contracts on this Website under law you must:

• Register by providing your real name, phone number, e-mail address, payment details and other requested information.

• Be over 18 years of age.

• Stipulate a delivery address.

• Possess a valid credit or debit card issued by a bank acceptable to our checkout providers.

By making an 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 purchase transactions.

We reserve the right to take payment immediately from the point of the Order being placed, accepted, and processed or otherwise before the delivery of Goods.

Delivery:

Shipping rates are based on the total weight and dimensions of your order and will be calculated and applied automatically at the checkout.

We will arrange the despatch of Goods, to the delivery location as supplied at the time of Order without undue delay.

You will receive a confirmation e-mail containing tracking information (if applicable) once your order has been dispatched.

In any case, regardless of events beyond our control, if the Goods are not delivered within a reasonable period of time, you can (in addition to any other remedies) treat the Contract as at an end/void.

If you treat the Contract as at and end/void, we will (in addition to other remedies) promptly return all payments made under the Contract.

If the Goods are delivered thereafter, you must return them to us or allow us to collect them from you and we will pay the costs of this.

Please allow 5 - 10 working days for your order to be delivered.

These delivery estimates are for mainland UK only, please allow additional days for islands and overseas (incl. Channel Islands). If, however, we accept an Order for delivery outside of the areas mentioned, you may need to pay additional delivery charges, and import duties or taxes, as we will not pay them.

If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the delivery location, we may charge additional fees for the storage and redelivery of the Goods.

The Goods will become your responsibility from the completion of delivery or Customer collection from the Shipping Courier. You must, if reasonably practicable, examine the Goods prior to accepting them.

Risk of Damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

We reserve the right to alter or change our delivery service at any time.

Please see our Shipping Info page for further details.

Successors and Our sub-contractors:

Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract.

Circumstances beyond the control of Either Party:

In the event of any failure by a party because of something beyond its reasonable control.

a) the party will advise the other party as soon as reasonably practicable and

b) the party’s obligations will be suspended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customers above rights relating to delivery and any right to cancel.

Privacy:

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

These Terms and Conditions should be read alongside, and are in addition to our policies, our privacy policy and cookies policy.

For the purposes of these Terms and Conditions.

a) Data Protection Laws means any applicable law relating to the processing of Personal Date, including and not limited to the GDPR.

b) GDPR means the UK General Date Protection Regulation.

c) Date Controller, Personal Data and Processing shall have the same meaning as in the GDPR.

We are a ‘Data Controller’ of the personal data we process in providing Goods to you.

Where you supply personal data to us so we can provide Goods to you, and we process that personal data in the course of providing the Goods to you, we will comply with our obligations, imposed by the Data Protection Laws.

a) before or at the time of collecting personal data, we will identify the purpose for which information is being collected.

b) we will only process personal data for the purposed identified.

c) we will respect your rights in relation to your personal data, and

d) we will implement technical and organisational measures to ensure your personal data is secure.

For any enquiries or complaints regarding data privacy, you can contact us via email or post to the address detailed at the bottom of this document.

Excluding liability:

We, the Supplier do not exclude liability for:

(i) any fraudulent act or omission, or

(ii) for death or personal injury caused by negligence or breach of the Suppliers other legal obligations.

Subject to this, the Supplier is not liable for:

(i) loss which was not reasonably foreseeable to both parties at the time when the Contact was made.

Governing Law, Jurisdiction, and Complaints:

The Contract, (including any non-contractual matters) is governed by the law of Scotland.

Disputes can be submitted to the Jurisdiction of the courts of Scotland or, where the Customer lives in England and Wales, or Northern Ireland , in the courts of respectively England and Wales, or Northern Ireland.

Should you be dissatisfied with Arden Gnomes, you are at liberty to lodge a complaint with us. If a complaint is lodged, we will deal with it in the following way:

a) Customers should contact us to find a solution. We will aim to respond with an appropriate solution with 7 days.

Contact Information:

Address: Arden Gnomes

1 Benmore House

Crianlarich

FK20 8QS

Email Address: jayne@arden-gnomes.co.uk

Policy Update: 14/02/2023