Terms & Conditions

1. Introduction

1.1 These Terms & Conditions (“Terms”) govern your use of the website and services of Newquay Garden Centre (also “we”, “our”, “us”).
1.2 By accessing or using our website at newquaygardencentre.co.uk (the “Site”) or placing orders, you agree to these Terms.
1.3 If you do not agree with any part of these Terms, you must not use our Site.

2. Definitions

• “Customer”, “you”, “your” — the person using the Site, placing an order, or receiving goods or services.

• “Products” — plants, goods, merchandise, garden supplies, food, etc., offered by us.

• “Services” — any additional offerings, such as café/restaurant, pods, delivery, consultations, etc.

• “Order” — your purchase request for Products or Services via the Site (or by other means, where allowable).

3. Use of the Website

3.1 You must be at least 18 years old (or have legal capacity) to use this Site or enter into binding contracts.
3.2 You agree not to misuse the Site — e.g. you shall not hack, disrupt, or attempt to gain unauthorised access.
3.3 We reserve the right to suspend or terminate access if you violate these Terms or for other legitimate reasons.

4. Products & Services

4.1 All Products and Services are subject to availability. We may withdraw or discontinue an item at any time.
4.2 We endeavour to display accurate product descriptions, images, prices, and stock levels — but we do not guarantee perfection.
4.3 Prices shown are inclusive of VAT (if applicable) unless otherwise stated.
4.4 Some items (e.g. plants, perishables) are inherently variable — slight differences in size, colour, or condition may occur.

5. Orders, Payment & Delivery

5.1 When you place an Order, you make an offer to us to purchase the selected Products/Services under these Terms.
5.2 We may accept or reject your Order (in full or in part), in which case we will notify you.
5.3 Payment must be made in the accepted forms (e.g., credit/debit card, PayPal, etc.).
5.4 Delivery terms (times, costs) will be as specified on the Site; risk passes to you when goods are delivered.
5.5 If the Products are faulty, damaged, or not as described, you may be entitled to a refund, replacement, or repair (see section Returns & Refunds).

6. Returns & Refunds

6.1 You have legal rights under the UK Consumer Contracts Regulations (for online purchases) and the Sale of Goods Act.
6.2 For non-perishable goods, you may cancel your Order within 14 days of receipt (unless the item is custom, perishable, or clearly exempt). You must return goods in their original condition.
6.3 You are responsible for return shipping costs, unless the product is faulty or we agree otherwise.
6.4 On receipt of a valid return, we will refund within a reasonable timeframe (minus any delivery costs, if applicable).
6.5 For plants or perishables, returns may be limited; we reserve the right to reject returns if goods show clear signs of misuse, neglect, or transplant shock beyond normal handling.

7. Liability & Disclaimers

7.1 While we strive to provide accurate and up-to-date information, we do not warrant that the Site or its contents are error-free, uninterrupted, or fully secure.
7.2 To the fullest extent permitted by law, we exclude liability for:
a) indirect or consequential losses;
b) loss of income, data, goodwill, or business;
c) any loss arising from use of (or inability to use) the Site or Products beyond what is legally allowed.
7.3 Our total aggregate liability to you for any claim under these Terms is limited to the amount you have paid us for the relevant Products/Services.
7.4 Nothing in these Terms excludes or limits liability that cannot be excluded by law (e.g. for personal injury or death caused by our negligence).

8. Intellectual Property

8.1 Unless otherwise stated, we own or license all intellectual property rights (copyright, trademarks, etc.) on the Site and in its content.
8.2 You may view and print pages for your personal, non-commercial use, but you may not reproduce, publish, or distribute them without permission.
8.3 You may not use our name, logo, or branding without prior written consent.

9. Third-Party Links & Services

9.1 The Site may include links to third-party websites or services. These are for your convenience only; we have no control over their content, and we are not responsible for them.
9.2 Use of third-party payment processors, delivery services, etc., is subject to their terms; we are not liable for their acts or omissions.

10. Privacy & Cookies

10.1 We collect and use personal data in accordance with our Privacy & Cookies Policy, which is incorporated into these Terms by reference.
10.2 By using the Site and placing orders, you consent to our collection, storage, and processing of your data as described in that policy.

11. Changes to Terms

11.1 We may revise these Terms from time to time (e.g. to reflect legal, operational, or business changes).
11.2 We will post the updated Terms on the Site, with a new “Effective Date”.
11.3 Your continued use of the Site or placement of Orders after changes implies acceptance of the revised Terms.

12. Severability & Waiver

12.1 If any provision of these Terms is found to be invalid, unlawful or unenforceable, that part shall be deemed severed but the rest of the Terms shall remain in force.
12.2 Our failure to enforce a right or provision does not constitute a waiver of such a right or future enforcement.

13. Governing Law & Jurisdiction

13.1 These Terms are governed by the laws of England & Wales (or whichever part of the UK your business is registered in).
13.2 Any disputes shall be subject to the non-exclusive jurisdiction of the courts of England & Wales.