TERMS AND CONDITIONS
CULTIVAR LIMITED
This document governs your use of Cultivar’s services and details the terms and conditions (the “Terms and Conditions”) on which you agree for any of the products (the “Products”) on the website www.theenduringgardener.com (the “Site”) to be sourced for you by Cultivar Limited. Please read these Terms and Conditions carefully before ordering any Products with a third party seller via the Site.
1. INFORMATION ABOUT US
1.1 www.theenduringgardener.com is a Site operated by The Enduring Gardener which is a trading name of Cultivar Limited (“Cultivar”). Cultivar is registered in England and Wales under company number 06849461 and whose registered office is located at Cultivar Ltd, The Roost, Lime Tree Drive, Farndon, Cheshire, CH3 6PN.
2. CULTIVAR’S STATUS AND SERVICE
2.1 Please note that Cultivar only acts as an agent on behalf of third party sellers. When a Product is advertised for sale on the Site Cultivar is merely inviting you to make an offer to a third party seller to purchase the Product. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
2.2 Cultivar provides an online service which allows you to purchase Products from third party sellers. Please be aware that nothing within the Site is, or shall be deemed to constitute, an offer by Cultivar or any third party to sell to you any Product or to enter into any contract with you in respect of any Product.
2.3 Cultivar may provide links in the Site to the sites of other companies, whether affiliated with us or not. Cultivar cannot give any undertaking, that Products you purchase from third party sellers via the Site, or from companies to whose site Cultivar has provided a link on the Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by Cultivar absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
3. PRICE
3.1 The price of the Products (of a third party seller) will be as quoted on the Site from time to time, except in cases of obvious error.
3.2 Prices are liable to change at any time and Cultivar accepts no responsibility for any loss whatsoever associated in any way to pricing variation, fluctuation, change or error for a third party’s Product quoted on the Site.
4. LIMITATION OF LIABILITY
4.1 Where you buy a Product from a third party seller through the Site, the third party seller’s individual liability will be set out in the seller’s terms and conditions.
4.2 Whilst Cultivar shall use reasonable endeavours to ensure that information on the Site is accurate and up to date and to correct errors as soon as Cultivar are able to after becoming aware of them, Cultivar do not check, monitor, review, verify or endorse, and Cultivar are not responsible or liable for any loss or damage you may suffer or incur in connection with, any information, content, material or data collected from or provided by third parties which is displayed on or is otherwise available from the Site or any third party websites. Such information, content, material or data may be inaccurate, incomplete or out of date. It is your responsibility to check that such information, content, material or data is accurate, complete, correct and up to date.
4.3 Please be aware that the information and descriptions of Products on the Site may not represent the complete descriptions of all the features and terms and conditions of those Products. You must ensure that you carefully read all the features and terms and conditions of any Product before purchasing it.
4.4 If you purchase any Product, you will be contracting with a third party who will be providing that Product to you on their own terms and conditions. It is your responsibility to ensure that you understand and agree with those terms and conditions before entering into a contract to obtain that Product. Cultivar are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions applying to any contract entered into by you with any third party seller in relation to any Product or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions.
4.5 Cultivar provides third party links from the Site. These websites are owned and operated by third parties over whom Cultivar does not have control. You access and use these third party websites at your sole risk and your sole discretion. You are solely responsible for any use of these third party websites and for any decision to obtain or refrain from obtaining any of the Products available on such third party websites. Any links to third party websites are provided for your interest and convenience only. Cultivar does not endorse, recommend or take responsibility for such third parties, their Products or their websites. Cultivar is not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third party websites or for any acts, omissions, errors or defaults of any third party in connection with their website.
4.6 Your use of any third party website will be governed by the terms and conditions of use and privacy policy applicable to that website. Such terms and conditions of use and privacy policy will be different from these Terms of Use and Cultivar’s privacy policy. It is your responsibility to ensure that you understand and agree with the terms and conditions of use and privacy policy of any third party website before using that website. Cultivar is not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions of use or the privacy policy applying to any third party website or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions of use and/or privacy policy.
5. WRITTEN COMMUNICATIONS
5.1 Applicable laws require that some of the information or communications Cultivar sends to you should be in writing. When using the Site, you accept that communication with Cultivar will be mainly electronic. Cultivar will contact you if necessary by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all notices, information and other communications that Cultivar provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
6. SEVERABILITY
6.1 If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
7. CULTIVAR’S RIGHT TO VARY THESE TERMS AND CONDITIONS
7.1 Cultivar has the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting Cultivar’s business, changes in technology, changes in relevant laws and regulatory requirements and changes in Cultivar’s system’s capabilities.
8. LAW AND JURISDICTION
8.1 Any dispute or claim arising out of or in connection with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
