Terms and Conditions version 2.9
Welcome to the legal bits! Please read through these terms and conditions before you register. Once you register, that tells us that you agree to be bound by our conditions although your usual rights as a consumer remain unchanged.
 The service
The Wedding Garden Company (WGC) manages wedding lists on-line with guest purchase facilities. The service includes managing the supply of wedding presents bought by each guest “the purchaser”. In placing their wedding list with the WGC the couple “list-holders”, accept these terms and conditions set out here.
Naturally, all the details you supply us with must be complete. Please let us know immediately if there are any changes to the information that you provide us with; we will confirm these changes by email or post.
 Accounts and passwords
Once the gift list is made live the list-holder will be allocated an Username and a Password so that, later on, they can look at their wedding list and see what has been bought.
If you are dealing with us as a purchaser, your friends the list-holders, who are getting married, will send you details of how to view their list and order presents.
The WGC accept cheques which should be made out to ‘The Wedding Garden Company’ and posted to the office. Credit card payments are possible via Paypal and guests choosing this option will be asked for their email address when they reserve their gift. Guests - the purchaser - must pay for gifts within 5 working days of notifying the WGC of their choice, if not the gift will be made available again for others to choose. Receipts will be supplied on request.
For any non gift list-services, such as design work, invoices will be issued to the list holder. Our terms are for payment within 14 days of the date of the invoice. Receipts will be supplied on request.
 Setting up a list
The listing process records information required by the WGC to provide its wedding list service. By asking the WGC to set up a list, you, as the list-holder, are accepting the terms and conditions laid down herein.
 Alterations to wedding lists
Once the list has been put on-line, list-holders may change items which have not been bought, but there will be a £10 administration charge per item. The WGC will acknowledge alterations by email.
 Presents and greetings
List holders may see which purchaser has given which listed present by logging on to ‘My List’. Additionally the WGC will post a Wedding Card to the list holder a few days before the wedding. The card will give details of any presents bought by the date of posting, and the accompanying message .
 List closing
The list will be considered closed once the WGC has received instructions from the list-holder so to do. Once the list has been closed the delivery date may be finalised - if list holders wish for the delivery date to be put on hold however, until the garden is ready, this will be possible. If delivery is delayed beyond a year there may be a small charge on some plants to reflect the new year's prices.
 Pricing and substitutes
When the list-holder creates a plant-present list, all prices quoted by the WGC are guide prices only. Once the list is complete it will be sent to the list-holder for their agreement before being put on line. Prices include vat unless specified. Prices will include delivery as well if so agreed. See point 9 for details of delivery charges.
Later on, when guests place their orders and when payment is taken, all prices quoted on the web site will be firm. However plants may be subject to withdrawal or amendment (due for example to unforeseen weather conditions) and the WGC reserves the right, by giving notice to the list-holder and the guest purchasers, to amend prices subsequently to reflect any increase which is due to any factor beyond the control of the WGC.
All plant substitutes will be discussed. If any product becomes unavailable the WGC will suggest a suitable substitute whenever possible.
Delivery of plants is normally paid for by the purchaser and is included in the listed price of the present. Costs will vary according to the plants, (unusual plants may have to come from a non-local nursery) and also to the locality, (nurseries’ charges vary). Delivery of products - particularly heavy and or expensive items - such as sculpture and pots, is usually paid for by the list holder.
Deliveries will be made during the week and all deliveries must be signed for. The WGC will give list-holders reasonable notice of the date on which delivery is anticipated. It should be noted that failure of deliveries to be made on the expected date is quite common (particularly in London) where drivers are particularly subject to traffic and other hazards.
If for any reason access for delivery is not available to deliverers on the agreed date then the WGC will not be liable for any delay or loss incurred by the list-holder as a result. The WGC will notify the list-holder of any additional cost incurred in delivery and reserves the right to charge the list-holders for any additional cost. Most products will be despatched direct from the supplier; they will not be gift wrapped. Plants grown in plastic pots will come direct from the nursery and will not be gift wrapped - however they will need unwrapping on arrival and may need watering in hot weather.
 Changes to delivery dates
Changes to delivery dates must be made no less than one week before the date previously booked. If delivery is aborted by the client within the two week period, there will be a charge of £30 plus 25p per mile.
Whilst the WGC will make every effort to arrange delivery at the times agreed, the company can not be held responsible for inconvenience caused by unavoidable delays, or the failure by any suppliers or any delivery companies, to deliver any item on time. Equally there may be instances when delivery of a plant might have to be delayed due to the time of year and the weather; the WGC reserves the right to decide what is appropriate timing.
Plants may only be returned if all parties agree that, despite correct care and attention, they have failed to thrive due to disease. The WGC shall not in any event be liable to the list-holder, or the purchaser, for any indirect or consequential loss or damage. The list-holder will be responsible for the costs of returning the goods unless they were delivered in error, or they are faulty. If for any reason products have to be returned, it is the list-holder’s responsibility to ensure adequate care is taken of them in the interim and until items are safely received. Nothing in these terms and conditions affects your statutory rights as a consumer.
 Quality of goods
When supplying goods to its list-holders, the WGC acts to combine orders and to organise deliveries. The company makes no warranty of quality beyond that made by the manufacturer or supplier of any product. Equally the WGC cannot be responsible for the quality of work of any contractor we or our representatives may suggest.
 Privacy and security
The WGC will not divulge customer details to anyone who is not an employee of the company. Any information that you give us is treated as personal and will not be sold or shared with any other company. The information will be used solely for managing the list-holders wedding list, for processing payments for gifts, delivering products and communicating with the list-holder and their guests about their wedding. The WGC may also use this information to send you news about the company unless you ask us not to.
The WGC maintain the usual safeguards for the collection, storage and disclosure of personally identifiable customer information. The WGC office has security procedures for clients protection so that the list-holder may sometimes be asked for proof of identity before any information is disclosed over the telephone. The WGC accepts no liability for the effects of any changes made to a wedding list as a result of unauthorised access.
 Our website
Website information may be updated at any time and customers are advised to read the current information each time you access the site. Website information is provided for general purposes only and is to be taken only as advice. Although all information is considered to be accurate at the time of publication, and is reviewed periodically, clients are responsible for ensuring that it is suitable and sufficient for their purpose. The WGC makes no warranties, representations or undertakings about any website content or any content of any other website linked to it.
The WGC intend that visits to our website will be uninterrupted, however due to the nature of the Internet, this is not certain. It is intended that the information contained in the site is error-free and it is regularly updated; if access is suspended or restricted whilst the site is being update, the WGC apologise in advance.
The WGC will not be liable for any loss or damage arising, from any acts or omissions by list-holders or purchasers, or by any service provider, or other person through whom you may access the website. The WGC will make all reasonable attempts to exclude viruses (and similar destructive devices) from the website but it cannot guarantee such exclusions and you should, therefore, take appropriate steps concerning this risk. Nothing in these terms and conditions affects your statutory rights as a consumer.
You are welcome to suggest new links for us to include; please email your suggestions to firstname.lastname@example.org. The WGC reserves all rights in respect of links, including without limitation, the right to determine the size and positioning of links.
Links from the website are provided for list-holder’s convenience only and do not represent the WGC’s endorsement of, or affiliation with, any linked website.
As email is insecure the WGC does not guarantee that any message sent to or from you will not be intercepted, or even received.
 Data protection
Information you provide to the WGC is managed in accordance with data protection legislation.
The Wedding Garden Company grants the list-holder a limited licence to access and make personal use of its website, but not to download (other than for page print-offs) or modify it, or any portion of it. This licence does not include any resale or commercial use of the WGC website or its contents, any collection and use of any product listing, descriptions, or prices, any derivative use of the site or its contents, any downloading or copying of account information or data for the benefit of another merchant or trader. The WGC encourage list-holders to send our details to friends but we do not grant you, or them, use of our logos, pictures, artwork, hidden text or meta tags without our written consent.
As with all other on-line mail order companies we expect everyone using our website not to use it in any manner that causes, or is likely to cause, the website, or access to it, to be interrupted, damaged or impaired in any way.
 Copyright and database rights
All content included on the website is the property of the copyright owner, The Wedding Garden Company Ltd., or its product suppliers and is protected by the UK and international copyright and database right laws.
We reserve the right to make changes to our website, to our policies and to these terms and conditions at any time. You will be subject to these policies, and terms and conditions in force at the time that you use the website.
 Events beyond our reasonable control
The Wedding Garden Company will not be held responsible for any delay or failure to comply with our obligations under these conditions that arises from causes beyond our reasonable control. However none of the above conditions affects your statutory rights.
 Withdrawal of list
If you are a list holder you have the right to withdraw your instruction/order, without charge, by giving the WGC notice in writing or by email at any time within seven working days from instructing the WGC. However, this does not apply if the WGC starts work within this period and you do hereby consent to our starting work right away.
 Cancelled weddings and refunds
In the event of a cancellation before the list has been closed, the WGC will if instructed refund the guests in full. If the Client wishes to buy the plants personally, the WGC will continue to manage the ordering and delivery, if not, and no plants or products are required, there will be an administrative charge of £250 to cover the returning of gift monies to the purchasers. Neither plants or products are held as stock by the WGC and so no items can be returned to stock.
If gifts have already been ordered the WGC accepts no obligation to refund, however suppliers may be induced to offer refunds, the WGC may endeavour to obtain such refunds but it makes no warranty or guarantee about securing the return of any money to purchasers. The WGC undertakes only to assist with obtaining refunds, in which case there will be an administration charge amounting to 10% of the money to be refunded – and that amount will be charged to the list-holder.
The WGC reserves the right to decline to manage any list at any time. By setting up a wedding list with the WGC the list-holder confirms that they have read these terms and conditions and agree to abide by them. The WGC has to protect itself by reserving the right to refuse access to parts of our website, to terminate accounts, remove or edit content or cancel orders at our discretion.
 Legal context
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
 Consequential loss
The WGC shall not in any event be liable to the list-holder or the purchaser for any indirect or consequential loss or damage.
The Wedding Garden Company Ltd.,
Priors Halton House, Bromfield, Ludlow, Shropshire, SY8 2JN,
Telephone: 01584 878878Fax: 01584 878878
Website domain name: www.weddinggardencompany.co.uk
UK company registration number: 4834792