Term and Conditions

Welcome to Fresh Gardenly! These Terms and Conditions govern your use of our website fresh-gardenly.com and your purchase of products from our store. By accessing our website and making a purchase, you agree to be bound by these Terms and Conditions.

Fresh Gardenly is a gardening supplies retailer based at 9 Valleyfield St, Edinburgh, GB EH3P 3TH, dedicated to bringing the joy of gardening to enthusiasts worldwide (excluding Asia and select remote regions).

2. User Obligations and Responsibilities

By using our website and services, you agree to:

• Provide accurate, current, and complete information when creating an account or making a purchase
• Maintain the confidentiality of your account credentials
• Notify us immediately of any unauthorized use of your account
• Use the website only for lawful purposes and in accordance with these Terms
• Be responsible for all activities that occur under your account
• Ensure that anyone who accesses our website through your internet connection is aware of these Terms

You may not use our website:

• In any way that violates applicable laws or regulations
• To engage in any fraudulent or deceptive activities
• To transmit any unsolicited advertising or promotional materials
• To introduce viruses or other malicious code

3. Products and Services Description

Fresh Gardenly offers a wide range of gardening products including but not limited to:

• Planters and aided growing systems
• Automatic watering systems and kits
• Gardening tools such as axes and cultivators
• Garden ornaments including animal ornaments, Buddha statues, and cherubs
• Garden structures including cages, netting, cold frames, and garden cloches
• Outdoor furniture including corner sofas and garden benches

We strive to accurately display our products, including colours and specifications. However, actual colours may vary slightly due to monitor settings, and product specifications are subject to change without notice.

All prices are listed in British Pounds (£) and include VAT where applicable. We reserve the right to change prices at any time without notice, though such changes will not affect orders already placed.

4. Orders and Payment Terms

Order Process

When you place an order through our website, you are making an offer to purchase products subject to these Terms. We will send you an order confirmation email acknowledging receipt of your order. This email is not an acceptance of your order, which only occurs when we dispatch your products.

Payment Methods

We accept the following payment methods:

• Visa
• MasterCard
• JCB
• PayPal

All payments are processed securely. Payment card details are encrypted and processed by our payment service providers. We do not store your complete payment card details.

Order Processing and Shipping

Orders are processed within 1-2 business days. We offer two shipping options:

1. Standard Shipping (£12.95): Shipped via DHL or FedEx, with delivery typically within 10-15 business days after dispatch.
2. Free Shipping: Available for orders over £50, shipped via EMS, with delivery typically within 15-25 business days after dispatch.

These timeframes are estimates only. Delivery times may be affected by factors beyond our control, including customs processing. We ship globally except to Asia and select remote regions.

5. Returns and Refunds

We want you to be completely satisfied with your Fresh Gardenly products. Our returns policy is designed to be fair and straightforward.

Returns Period

You may return most unused items in their original packaging within 15 days of receipt for a refund or exchange.

Non-Returnable Items

For hygiene and safety reasons, we cannot accept returns on the following items once opened or used:

• Cages & Netting (as these are often cut to specific sizes)
• Cold Frames & Garden Cloches that have been assembled or used

Return Process

To initiate a return:

1. Contact our customer care team at [email protected] within 15 days of receiving your order
2. Wait for our response with a Returns Authorisation number and instructions
3. Securely pack the item(s) in original packaging with the authorisation number included
4. Ship to the address provided at your own expense (unless the return is due to our error)

Refunds

Refunds are processed within 5 business days of receiving and inspecting returned items. The refund will be issued to your original payment method. Original shipping costs are non-refundable, and return shipping fees are deductible unless the return results from our error.

Exchanges

We happily exchange items for different sizes or colors, subject to availability. If exchanging for a higher-value item, you will be charged the difference. For lower-value items, we will refund the difference.

6. Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of Fresh Gardenly or our content suppliers and is protected by international copyright laws.

You may not reproduce, distribute, modify, or create derivative works from any content without our express written permission. The Fresh Gardenly name and logo are trademarks of our company and may not be used without authorization.

You retain ownership of any content you submit to our website (such as reviews), but you grant us a perpetual, royalty-free license to use, modify, and display that content.

7. Limitation of Liability

Fresh Gardenly shall not be liable for any indirect, incidental, special, or consequential damages resulting from:

• Your use or inability to use our website or services
• Any products purchased through our website
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on our website

Our total liability to you for any claim related to these Terms or your use of our website shall not exceed the amount you paid for the products in question.

Nothing in these Terms limits or excludes our liability for death or personal injury resulting from our negligence, fraud, or any other liability that cannot be limited or excluded by law.

8. Privacy and Data Protection

We respect your privacy and are committed to protecting your personal data. Our Privacy Policy explains how we collect, use, and safeguard your information when you use our website.

By using our website, you consent to our collection and use of your personal data as described in our Privacy Policy, which is incorporated into these Terms by reference.

9. Governing Law and Dispute Resolution

These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of Scotland and the United Kingdom.

Any disputes shall be subject to the exclusive jurisdiction of the courts of Scotland. We encourage you to contact us first at [email protected] to resolve any issues before pursuing other remedies.

10. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our website after changes are posted constitutes your acceptance of the modified Terms.

We will notify registered users of any material changes to these Terms via email.

11. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

Our customer care team typically responds to inquiries within 2 business days.