Terms and Conditions
1 In General
Access to and use of this Web site and the products and search services available through this Web site (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that the Terms of Service may be updated by us from time to time. This Web site also contains links to other Web sites, Web pages and services, which are not operated by RH Thaxter LTD. Your use of such sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. In any event your link through to such a site will be subject to these Terms of Service. You recognise that RH Thaxter LTD has no control over such sites and information, and you accept that RH Thaxter LTD provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
We do not store credit card details nor do we share customer details with any 3rd parties unless we have been authorised by you, or are required to do so by law, subject to the Data Protection Act 1998.
You will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any linked sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person’s trademarks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through the RH Thaxter LTD web site.
4 Intellectual Property, Software and Content
The intellectual property rights in all software made available and content supplied to you remains the property of RH Thaxter LTD, its licensors, advertisers or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by RH Thaxter LTD, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the RH Thaxter LTD site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by RH Thaxter LTD, its licensors, advertisers or content suppliers. Thaxters Garden Centre is a trade marks belonging to R H Thaxter Ltd. No license or consent is granted to you to use these marks in any way, and RH Thaxter LTD reserves all rights in these and any related marks. You agree not to use these marks or any marks which are colourably similar without the written permission of R H Thaxter Ltd.
5 E-tail of Products and Services
By making a request/order you are offering to purchase a product which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland UK and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. R H Thaxter Ltd is absolutely entitled to refuse any request made by you. If your order is accepted we will inform you by emailing you or else by calling you. We will also provide the identity of the party you have contracted with. This may be RH Thaxter LTD or in certain cases a third party. Where a contract is made with a third party R H Thaxter Ltd is not acting as either agent or principal and the contract is made between yourself and that third party. When making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
6 Disclaimer of warranties
The services and all information, products and other content included in or accessible from this web site and the linked sites, are provided on an “as is” and “as available” basis and are subject to change at any time without notice to you. To the fullest extent permitted by law, RH Thaxter LTD disclaims and excludes all representations and warranties (express, implied and statutory, including but without limitation the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and content included in and accessible from this web site or the linked sites.
7 Disclaimer of liability
Unless expressly stated to the contrary to the fullest extent permitted by law RH Thaxter LTD, its content providers, advertisers or linked sites shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this web site or the linked sites, even if RH Thaxter LTD had been advised of the possibility of such damages and irrespective of whether such damages arise in contract, tort, equity, restitution, by statute, at common law or otherwise. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.
8 Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons including their names and images, third party trademarks and images of third party products, services and locations featuring on the Thaxters web site are in no way connected, associated, linked or affiliated to RH Thaxter LTD or Thaxters Garden Centre, furthermore, unless it is expressly stated on the Thaxters web site that a certain product, service or location is connected, associated, linked or affiliated to the makers, right owners or broadcasters (the “makers”) of a film or programme you should not make such an assumption, or rely in any way on the existence of such a connection, association or affiliation, by implication or otherwise. Any trade marks/names as may be featured on the Thaxters web site are owned by the respective trade mark owners and RH Thaxter LTD claims no connection, association or affiliation with them. Where a trade mark (brand name) is referred to it is used to describe or identify the products, services or locations (the “goods”) or else it is used to identify the film or programme where such goods appeared, but that is in no way an assertion or claim that such goods are endorsed by or connected, associated, linked or affiliated to the makers of the relevant film or programme.
You agree to indemnify, defend and hold harmless RH Thaxter LTD, its officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the RH Thaxter LTD services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
10 Variation of content
RH Thaxter LTD shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the RH Thaxter LTD Web site.
All information and material submitted by you to RH Thaxter LTD or that you publish on any public area of the Thaxters Web site shall be provided by the submitter and accepted by RH Thaxter LTD on a non-confidential basis subject to paragraph 2 above. Furthermore RH Thaxter LTD shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and RH Thaxter LTD shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.
RH Thaxter LTD may at any time terminate or suspend any part of the Service without notice to you.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
14 Governing law and jurisdiction
Upon entering the RH Thaxter LTD site you are bound by these terms and conditions. These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English High Court, the Strand, London. Any dispute in any way referable to the content of this site whether in respect of its trademarks, copyright or image content shall be resolved exclusively by arbitration the terms of which are to be agreed between RH Thaxter LTD and yourself and provide no right or recourse to any relief of the English Courts whether interim or otherwise and that by accessing this site you waive your right for all time to any such right.
15 Entire agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and RH Thaxter LTD. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the owners of RH Thaxter LTD.