Terms of service
Please read the following important terms and conditions before you place an order and check that they contain everything you want and nothing that you are not willing to agree to.
In this contract:
‘we’, ‘us’ or ‘our’ means Goldsmiths Seeds Ltd; and
‘you’ or ‘your’ means the person using our site to buy goods from us.
If you have any questions about this contract or any orders you have placed, please contact us by:
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sending an email to sales@goldsmithsseeds.com or
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calling us on 01202 985 175
Who are we?
We are Goldsmiths Seeds Ltd, a company registered in England and Wales under company number: 16290805. Our VAT registration number is 509 5966 51.
1 Introduction
1.1 If you buy goods on our site you agree to be legally bound by this contract.
1.2 This contract is only available in English. No other languages will apply to this contract.
1.3 When buying any goods on our site you also agree to be legally bound by:
1.3.1 our website terms and conditions;
1.3.2 specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods at any time during the online checkout process.
2 Your privacy and personal information
2.1 Our Privacy Policy is available at sales@goldsmithsseeds.com
2.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
3 Ordering goods from us
3.1 Below, we set out how a legally binding contract between you and us is made.
3.2 Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
3.3 When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.
3.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
3.4.1 the goods are unavailable;
3.4.2 we cannot authorise your payment;
3.4.3 you are not allowed to buy the goods from us (for example, because you are under age to order the selected goods);
3.4.4 we are not allowed to sell the goods to you;
3.4.5 you have ordered too many goods; or
3.4.6 there has been a mistake on the pricing or description of the goods.
3.5 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
3.5.1 a legally binding contract will be in place between you and us; and
3.5.2 we will dispatch the goods to you.
4 Right to cancel
4.1 You have the right to cancel this contract within 14 days without giving any reason.
4.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
4.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. an email to sales@goldsmithsseeds.com)
4.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
5 Effects of cancellation
5.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
5.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
5.3 We will make the reimbursement without undue delay, and not later than:
5.3.1 14 days after the day we received back from you any goods supplied; or
5.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
5.3.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
5.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
5.5 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
5.6 If you have received the goods:
5.6.1 you shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
5.6.2 you will have to bear the direct cost of returning the goods
5.6.3 you are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning, of the goods.
6 Delivery
6.1 We use a courier to deliver our goods. For information on delivery options and costs, visit our website. During the online checkout process, you will be given available delivery options to choose from.
6.2 The estimated date for delivery of the goods is set out in your Confirmation Email.
6.3 If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.
6.4 Delivery will take place at the address specified by you when you placed your order with us.
6.5 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of the date of your Confirmation Email, we will:
6.5.1 let you know;
6.5.2 cancel your order; and
6.5.3 give you a refund.
6.6 If nobody is available to take delivery, please contact us using the contact details at the top of this page.
6.7 You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party nominated by you takes, possession of the goods.
6.8 We do not make deliveries to any addresses outside of the UK.
6.9 We may deliver your goods in instalments.
7 Payment
7.1 We accept credit cards and debit cards. We do not accept cash or cheques.
7.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
7.3 If your payment is not received by us and you have already received the goods, you must:
7.3.1 pay for such goods as soon as possible and in any case within 30 days; or
7.3.2 return them to us as soon as possible and in any case within 30 days. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
7.4 If you do not pay for the goods and fail to return them in accordance with clause 8.5, we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
7.5 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.
7.6 All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude delivery charges. For information on delivery options and costs, visit our website.
8 Nature of the goods
8.1 You have certain legal rights in relation to the nature of goods (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.
8.2 We are under a legal duty to supply you with goods that are in conformity with this contract.
8.3 The packaging of the goods may be different from that shown on the site.
8.4 While we try to make sure that:
8.4.1 all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to 1% in such weights, sizes and measurements; and
8.4.2 the colours of our goods are displayed accurately on the site, the actual colours that you see on your device may vary depending on the device that you use.
8.5 Any goods sold at discount prices, as remnants or as substandard, will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
8.6 If we can’t supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:
8.6.1 we will let you know if we intend to do this but this may not always be possible; and
8.6.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
9 Faulty goods
9.1 If your goods are faulty, please contact us using the contact details at the top of this page.
9.2 Nothing in this contract affects your legal rights if the goods are faulty. You may also have other rights in law.
9.3 For detailed information on your rights and what you should expect from us, please:
9.3.1 visit our website; or
9.3.2 contact us at sales@goldsmithsseeds.com; or
9.3.3 visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
10 End of the contract
If this contract is ended, it will not affect our right to receive any money which you owe to us under this contract.
11 Limitation on our liability
11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
11.1.1 losses that were not foreseeable to you and us when the contract was formed;
11.1.2 losses that were not caused by any breach on our part;
11.1.3 business losses; or
11.1.4 losses to non-consumers.
12 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
13 Disputes
13.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
13.2 The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
13.3 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
Website Terms of Use
1 About our terms
1.1 These terms and conditions of use (Terms) explain how you may use this website and any of its content (Site). These Terms apply between Goldsmiths Seeds Ltd (we, us or our) and you, the person accessing or using the Site (you or your).
1.2 You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.
1.3 If you would like these Terms in another format (for example: audio, large print, braille), please contact us using the contact details set out below.
2 About us
2.1 We are Goldsmiths Seeds Ltd a company registered in England and Wales under company registration number 16290805. Our VAT registration number is 509 5966 51.
2.2 If you have any questions about the Site, please contact us by:
2.2.1 sending an email to sales@goldsmithsseeds.com,
2.2.2 calling us on 01202 985175.
3 Using the site
3.1 The Site is for your use only.
3.2 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
3.3 We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
3.4 We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details at the top of this page.
3.5 As a condition of your use of the Site, you agree not to:
3.5.1 misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
3.5.2 attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.
3.6 We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.
4 Your privacy and personal information
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at www.goldsmithsseeds.com, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
5 Ownership, use and intellectual property rights
5.1 The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.
5.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
5.3 Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
6 Submitting information to the site
6.1 While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
6.2 Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
7 Accuracy of information and availability of the site
7.1 We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
7.2 We may suspend or terminate access or operation of the Site at any time as we see fit.
7.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.
7.4 While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.
8 Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
9 Our responsibility to you
9.1 If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these Terms were formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
9.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
9.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
10 Events beyond our control
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
11 No third party rights
No one other than us or you has any right to enforce any of these Terms.
12 Variation
12.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 12.
12.2 We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
13 Complaints
13.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
13.2 The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
13.3 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.