Terms & Conditions
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
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.
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.
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, this will be followed up by a phone call to organise delivery. Once your order has been confirmed with our independent delivery courier then we will send an e-mail to you, confirming that your order have been dispatched. The Contract between us will only be formed when we send you that dispatch confirmation 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.
Cancelling a purchase
You may cancel your purchase any time from placing your order up to the date falling fourteen days from the date upon which you receive the items. In order to cancel your purchase, you must send an email to firstname.lastname@example.org or call us on 0113 285 3506. Alternatively, you may write to us at Customer Services (see our contact page for address details) and make sure you include your order reference number in all communications.
In order to cancel a purchase that you have taken delivery of, you must take reasonable care of the item(s) to ensure they are in an ‘as-sold’ condition with original packaging in order to receive a full refund (we are entitled to make a deduction from the refund if there is any reduction in value arising from any actual use made of the Items). You are required to return the product to us. Refunds will only be issued once we receive your items and they have been checked over by our team. We reserve the right to have any returned item(s) checked by an independant third party.
Refunds will be issued using the same method in which payment was made.
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 despatching a replacement part or full item.
Any refunds (instead of a replacement) will be issued using the same method of payment.
When you place an order you are able to specify which delivery service you’d prefer – Next Day, Standard or Click and Collect. This is not a guarantee of delivery and one of our team will call you to finalise the delivery details with you once the order has been confirmed to us. Our delivery terms are detailed below.
Tong offers a free standard delivery service for orders above £200 – this applies to mainland England, Wales and selected areas of Scotland as dictated by our delivery courier. Anywhere outside of these areas will be subjected to extra fees and extended delivery times or, in certain cases, we may not be able to deliver - email us at firstname.lastname@example.org for more details. For all orders under £200, extra delivery charges will be incurred.
Tong also offers a next day delivery service on any order placed before 12pm from Monday – Thursday for an extra cost of £30. This applies to mainland England, Wales and selected areas of Scotland as dictated by our delivery courier. Anywhere outside of these areas will unfortunately not be available for this service.
Our delivery service (as referred to above) operates Monday to Friday, (excluding bank/public holidays), however we may occasionally be able to deliver on Saturdays. If you have any queries, please do not hesitate to get in contact.
Unless there is an event outside our control (which is explained below), your order will be fulfilled by the estimated delivery date which will be sent out in the email confirming dispatch and this will be within 30 days of that email - as mentioned above, all deliveries will be discussed with you from one of our team and no orders will be processed until we speak with you.
If no one is available at your address to take delivery, we will leave you a note that the products have been returned to our premises. In this case, please contact us to rearrange delivery however you may be required to pay for a second delivery charge.
If you want to make any changes to your delivery details, then you must do so before your order has been dispatched. Any changes made after an order has been dispatched may result in extra fees.
Delivery of your products will be completed when we deliver them to the address you gave us.
As mentioned above. please note that we may not be able to deliver to addresses outside of mainland England, Wales and selected areas of Scotland so please check before ordering with us..
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 incured 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
If 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 email@example.com 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. Date Protection
This website complies with the principles of the Data Protection Act 1998.
From time to time we will run competitions, either in-store or online via social media. Any competitons in-store shall have any terms and conditions attached to the relevent literature used to promote the competition. For online/social media competitions we will have a seperate page for anything that requires a specific set of instructions to enter.
For any competitions where we ask entrants to engage with a post on our Tong Garden Centre Facebook page, we shall select everyone who has commented and liked the relavent post and select someone at random. On occasion we may need a specific phrase commenting or we will require something shared or liked, should this be the case then we shall have a seperate page with the relavent terms stated. Otherwise we shall pick someone at random from the comments and likes received. To do this we will combine these together and pick someone at random using the website random.org - all entrants will be placed into an excel sheet in order to do this and deleted after the draw has taken place, The winner will then be notified either through a private message or a comment.
Any Twitter or Instagram posts will have specific terms and conditions which will be shared with the competition post.
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.