We are Tong Garden Centre Ltd, a company registered in England under company number 09409991 and with our registered office at Tong Garden Centre, Tong Lane, Bradford, BD4 0RY, this is also our trading address. Our VAT number is 207914804.
Terms and conditions of sale
These Terms will apply to any contract between us for the sale of Items to you (Contract). Please do read these Terms carefully and make sure that you understand them, before ordering any Items from our site. Please note that before placing an order, you will be asked to agree to these Terms by ticking an acceptance box.
Please note that we may revise our Terms from time to time and the Terms in force on any particular order will be the ones that apply to that order.
1. Information about Tong Garden Centre
2. Our Products
Please note that the images of products for sale on our site are for illustrative purposes only. Although our team at Tong have made every effort to display the colours on photographs accurately, we can’t guarantee that the way your computer/device/tablet displays the colours accurately reflects the colour of the products. Therefore, items received by you may vary slightly from those images.
We diligently research our online products and attempt to accurately describe the products on our website as close as possible, if an item is not as described or does not match the specifications and functionality stated we will organise a collection and issue a full refund.
All items shown on our site are subject to availability. We will inform you by phone, or if we can’t reach you by email, as soon as possible if any Item ordered is not available and, if this is the case; we will not process your order further.
Please be aware that you may only purchase items from our site if you are at least 18 years old. By continuing, you confirm to us that you are at least 18.
3. How the contract will be formed
During the order process, we have made every effort to allow you to check and alter any errors before submitting your order. Please do take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us which will acknowledge that we have received your order. Once your order has been confirmed with our independent delivery courier then we will send an e-mail to you containing a tracking link. The Contract between us will only be formed when we send you that tracking link email.
If we are unable to supply you with an Item you have ordered, for example because that item is not in stock or no longer available, or because of an error in the price on our site (as is dealt with below), we will let you know by phoning you, or if we can’t reach you, by email, and we will not process your order further. If you have already paid for the item, we will refund you the full amount as soon as possible by the method you used to make payment.
4. Returns and refund
Here at Tong, we pride ourselves on selling products of the highest quality that we hope will be a welcome addition to your home or garden. However, we understand that from time to time there may a reason to exchange or return an item. In order to return an item, please ensure that you keep your receipt or order confirmation email, containing your reference number.
As an online retailer of goods, Tong adheres to Distance Selling Regulations (as they may be amended or referred to from time to time). By making a purchase through this website, it is your statutory right to cancel your order and receive a full refund, minus return courier costs for any home delivery item (excluding those ordered in-store). However, please note that this cancellation right does not apply to any items that are personalised or made to your specification or perishable products.
Returning your online purchase
We are happy to exchange or refund unused items which are returned to us, in an ‘as-sold’ condition, with proof of purchase (order confirmation email or receipt if collected in-store), within 14 days of delivery to you. Item(s) may be returned in person in-store, or you can return them by post (for which you will be responsible for the cost). Refunds will be issued using the same method in which payment was made. Tong reserves the right to refuse an exchange or refund without proof of purchase. In order to arrange a return for your purchase(s), please telephone 0113 285 3506 or email us at email@example.com. You will need your order confirmation number (contained in your email documentation).
If a product you have ordered online arrives with a fault then we will do our best to either fix the fault, replace the item or offer you a full refund. If the item arrives not as described on our website then you can return it and we will refund you in full – you must have your proof of purchase when doing so. There will also be no delivery charge for dispatching a replacement part or full item.
Any refunds (instead of a replacement) will be issued using the same method of payment.
Please see our Delivery Terms & Returns here for further information.
6. Prices, delivery charges and how to pay
The prices of the products will be as given on our site, and from time to time these prices may change. We take care to ensure that the prices of products are correct. However, if we discover an error in the price of product(s) you ordered, please see below for what happens in this event. Although prices for our products may change from time to time, any changes will not affect any order which we have confirmed with a dispatch confirmation email. Please note some prices will differ in-store to what’s available online due to terms set by our suppliers.
Product prices include VAT (where applicable) at the applicable current rate chargeable in the UK at the time of your order.
The price of a product does not include delivery charges. Our delivery charges are as quoted on our site from time to time (and these will be brought to your attention as part of the order process) but as mentioned above extra charges will be incurred depending on location or service you require.
Our site contains a large number of products. It is always possible that, despite our best efforts, some of the products may be incorrectly priced. If we discover an error in the price of products you have ordered, we will inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are cannot contact you using the contact details you provided, we will treat the order as cancelled and notify you in writing – by email or pre-paid post. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
We accept debit cards and credit cards through our website via PayPal, therefore we accept Mastercard, Visa, Visa Debit, Maestro and American Express (please note: we do not accept American Express cards in-store). Payment for the products and all applicable delivery costs are charged is in advance. Your card will be charged via PayPal at the time the order is placed and prior to the goods being dispatched.
7. Our liability to you
If we fail to comply with these Terms, we are responsible for only loss or damage that you suffer which is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
For clarity, we only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside our control. These include any act or event beyond our reasonable control, for example, fire, storms, flood or other natural disaster or failure of telecommunications networks. If such an event takes place, we will contact you as soon as we can to keep you notified and our time for performing our obligations will be extended for the duration of the event. In these circumstances, we will arrange a new delivery date with you after the event is over.
9. Communications between us
f we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
If you wish to contact us in writing for any reason, you can email firstname.lastname@example.org or write to us by pre-paid post to Tong Garden Centre, Tong Lane, Bradford, BD4 0RY. You can always contact us using our Customer Services telephone line 0113 285 3506
10. Other important terms
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
These Terms are governed by English law. This means a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
11. Data Protection
This website complies with the principles of the Data Protection Act 1998.
When running a competition in-store we will have the terms and conditions attached to any literature associated with the competition. They tend to be either a question and answer or a tell us why format.
- For a question and answer format we will collate all the entrants with the correct answer, input them into a spreadsheet then draw someone at random using random.org. The winner will then be notified.
- For a tell us why format then we will either…
- Collate all the answers, input them into a spreadsheet then draw someone at random using random.org. The winner will then be notified.
- Or a selected team at Tong will choose winners based on merit – again this will be stipulated on any literature used to support the competition
- This will be stipulated on any literature associated with the competition.
For social media competitions, specifically on Facebook, the terms and conditions will be written on the competition post.
- For any competition that is a like and share format then we will we collate all the entrants who have liked our post, input them into a spreadsheet then draw someone at random using random.org. The winner will then be notified either by a private message or, if the entrant has commented on our post then we may reply.
- For any competitions that we require a specific phrase referenced on one of our posts then we will collate all the entrants who have commented with the phrase in question, input them into a spreadsheet then draw someone at random using random.org. The winner will then be notified either by a private message or we may reply to the comment.
Any Twitter or Instagram posts will have specific terms and conditions which will be shared with the competition post.
Please note that if you do not either reply/contact us or redeem your prize within 28 days then we reserve the right to render the victory null and void.
We may ask to post the winner’s name on our social media channels along with a photo with the prize – however this will only be done with the correct consent.
There are no cash alternatives or prize alternatives
For any prizes that are date/time specific then the prize must be redeemed on the date/time stipulated
13. Use made of personal information
Personal information provided in a contact form or user registration system via this website will be used for the purposes outlined at the time of collection. In addition, personal information may be used for statistical analysis. For the purpose of the Data Protection Act 1998, the data controller is Tong Garden Centre Limited. Personal data will be collected and processed by Tong Garden Centre for the following purposes:
- To provide information via email on services provided by Tong Garden Centre Limited; administration and marketing, advertising and promotions, notification of events, unless a user elects to opt out of receiving such communications.
- Processing personal data for the above purposes may entail sharing the information with Tong Garden Centre Limited’s employees, contractors, agents and professional advisers. However, there will be no disclosure or further processing of such personal data to third parties.