Online Terms and Conditions between Orizaba Properties Ltd (Garden Tractor Spares) business and consumer for the sale of goods. These terms and conditions form the basis on which you can visit us and our websites listed below. Please read them carefully as they contain important information.
Websites owned and operated by Orizaba Properties Ltd for which these terms and conditions apply:
General Terms and Conditions
This site is owned and operated by Garden Tractor Spares of 15 - 16 Corinium Business Park, Speculation Road Cinderford, Gloucestershire, GL14 2YD. Garden Tractor Spares is the trading name for Orizaba Properties Limited (Company Number 4699141)
If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at [email protected]
1. The Contract Between Us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
2. Acknowledgement of your Order
To enable us to process your order, you will need to provide us with your email address and phone number. Upon order purchase we will notify you by email to confirm receipt of your order and to confirm details. You will then receive SMS messages and emails from our courier regarding delivery. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. Ownership of Rights
All rights, including copyright, in this website are owned by or licensed to Garden Tractor Spares. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
4. Accuracy of Content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
5. Damage to your Computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by email (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
7. Ordering Errors
You are able to correct errors on your order up to the point on which you click on 'submit' during the ordering process.
The prices payable for goods that you order are as set out on our website. All prices are exclusive of VAT at the current rates and are correct at the time of entering information.
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
9. Payment Terms
We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
Orders are placed online through our website and all prices are in pounds sterling. We accept the following credit and debit cards through Worldpay secure servers: Mastercard, Visa, Maestro, Switch, Solo, Visa Delta and Visa Electron. Payments can also be made by BACS. Bank details supplied on request. Goods will be shipped once payment has cleared.
10. Delivery Policy
- Our delivery charges are set out on the websites specified as Shipping Method. Delivery charges vary according to the type of goods ordered.
- You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
- We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
- You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
- Pallet Delivery - As stated by our haulage company, if the area you live has narrow lanes or bridges, an extra charge could be incurred. Please advise if your location is not lorry friendly.
- APC Deliveries - If you have placed an order and are not going to be available to receive the delivery, you may request to us that your order be left in a place of your choosing and we will then instruct the courier to do so. In this case however, you accept that Garden Tractor Spares will not be liable for any losses, such as from theft or damage etc, once the item has been left. If you have any further questions, please contact us via our Delivery Enquiry Form
11. Returns Policy
If you would like to return your items, please look through the points below to understand our returns policy.
11.1 - Faulty Goods
- If you find that your goods are not received in the correct working order you may return these to us for a full refund within 14 days of purchase, after which time you will not be eligable for a refund. This does not include Special orders / Secondhand parts, see clause 11.3.
11.2 - Goods Damaged in Transit
- If you find that your goods have been damaged in transit, then they may be returned and replaced free of charge within 14 days of receipt of delivery. If you find that your goods are damaged, please email [email protected]
stating your order number. Please then return the goods to the address listed in clause 11.6 and our goods-in team will then inspect the parts. If it is determined that they were damaged in transit, we will send out a replacement free of charge.
If you require your parts quickly and cannot wait for the parts to be inspected, you can place another order which will be despatched to you. Please select "Collect from Warehouse" in the checkout, and we will cover the postage (please note, the Click and Collect option is only available in the UK, so please select the United Kingdom as the country). Once your returned goods have been inspected and it is determined that they were damaged in transit, we will then refund the cost of this 2nd order and cover any postage incurred for the return.
11.3 - Unwanted Items
- If you decide that you do not want the items you purchased or if you ordered the wrong part(s), you may return the items to us within 14 days of purchase. You will then be entitled to a refund of the item (minus postage).
11.4 - Special Orders / Secondhand Parts
- Special orders / secondhand parts are exempt from both refund policies and these are not eligible for return, refund or credit. These include (but are not limited to) items such as wiring looms, PCB boards and second hand parts. These products are fault checked before leaving the warehouse and are known to be in full working order. Where items are not eligible for return, refund or credit, this will be clearly stated in the product description.
11.5 - Returns Process
- For all returns, except where the item is faulty, you will be required to arrange and pay for the return of the products to us. To action your return you must email us at [email protected]
to inform us of the return and the reason why, returns can only be accepted if agreed in writing beforehand. Once you have received confirmation from us, please post the item back in it's original packaging, ensuring that the item is unused, in the condition received by you and where applicable, all security seals intact. This applies to consumer customers only.
11.6 - Return Address
- Please include with your return a copy of your invoice or information clearly showing your name, address and order number. Adequately pack the item(s) back in the parcel with the receipt and send it back to:
Garden Tractor Spares,
Unit 15 - 16 Corinium Business Centre,
When returning items to us, they remain your responsibility until received by us and so you are strongly recommended to return using a signed for service, obtain proof of posting and adequate insurance. We cannot accept responsibility for parcels lost or damaged in transit. We will only refund the initial and return postage costs where the item returned is faulty.
11.7 - Unclaimed Returned Items
- If items are returned to us and the correct returns procedure is not followed or the customer fails to make contact regarding their part, then parts will be held for 1 month in our warehouse. After 1 month of non contact by the customer, the part will be destroyed, will not be available to be returned back to the customer and a refund will not be given.
12. Import Duty
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13. Risk and Ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. You will only own the goods once they have been successfully delivered.
14. Cancellation Rights
14.1 - Under the Consumer Protection (Distance Selling) Regulations 2000 you have the legal right to cancel your order up to seven working days after the day on which you receive your goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us by email if you wish to cancel your contract.
This excludes any special order or secondhand parts order such as (but not limited to) PCBs and Wiring Looms. Where a part is not eligable for a refund, return or credit, this will clearly be stated in the part's product description.
14.2 - If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
14.3 - Once you have notified us that you are cancelling your contract, any sum debited by us from your credit or debit card will be re-credited to your account as soon as possible, and in any event within 30 days of cancellation.
15. Cancellation by Us
- We reserve the right not to process your order if:
- 15.1.1 - We have insufficient stock to deliver the goods you have ordered;
- 15.1.2 - We do not deliver to your area; or
- 15.1.3 - One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
- If we do not process your order for the above reasons, we will notify you by email and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 30 days.
16.1 - If you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.
16.2 - We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
16.3 - Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
16.4 - You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
16.5 - Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Sale of Goods Act 1979 (as amended)) relating to faulty and/or misdescribed goods.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Garden Tractor Spares,Unit 15 - 16, Corinium Business Centre, Speculation Road, Cinderford, Gloucestershire, GL14 2YD and all notices from us to you will be displayed on our website from time to time.
18. Changes to Legal Notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
19. Law, Jurisdiction and Language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
21. Privacy Statement
We are committed to protecting your privacy. We use the information we collect about you to process orders and to provide a more personalised shopping experience. We will only use the information that we collect about you lawfully in accordance with the Data Protection Act. We will not sell, share or rent this information to others, other than as disclosed in this statement. During the registration or ordering process we collect some or all of the following information:
- Your name and address
- Your contact telephone number (to be used by our courier for information regarding your delivery)
- Your email address
We do not collect or store any credit or debit card details through our website. All payment information is collected through our chosen payment gateways; Sagepay and Realex Payments using their secure servers. By ordering through our website you consent to the collection and processing of your personal details by us.
Garden Tractor Spares are committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
22. Third Party Rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
23. Data Protection Act 1988 ('the Act')
We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.
24. Use and Collection of Personal Information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
- To register you with our website and to administer it.
- For assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
If you do not want us to use data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
We may disclose your personal information to third parties:
- In the event we sell or buy any business or assets, in which case we might disclose your personal data to the prospective buyer or seller.
- If we are under a legal duty to disclose or share your personal data in order to comply with or meet any legal obligation.
To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org
If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site. Alternatively, you may opt out of receiving information from us by email or post. You can email us at [email protected]
or alternatively post to us at Garden Tractor Spares, 15 & 16 Corinium Business Centre, Speculation Road, Cinderford, Gloucestershire, GL14 2YD.
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
27. Your Rights
You have the right to ask us not to process your personal data for marketing purposes. We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose. You can exercise your right to prevent this happening by checking certain boxes on the forms we use to collect your data.
You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to: [email protected]
Nicholas Taylor, Managing Director, Garden Tractor Spares