Making a Purchase

This section (together with the documents referred to on it) tells you the TERMS and CONDITIONS on which we supply any of the products (Products) listed on our website www.oldrailwaylinegc.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any products from our site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.

Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from our site.

1) Information about us

www.oldrailwaylinegc.co.uk is a site operated by Mr Mark Cleary and Mrs Christina Cleary (trading as The Old Railway Line Garden Centre) (we).

2) Service availability

Our site is available for use by individuals resident in any country within the European Union.

We reserve the right at any time to add to remove or otherwise vary the countries we sell to.

3) Your status

By placing an order through our site, you warrant that:
a) You are legally capable of entering into binding contracts.
b) You are at least 18 years old.
c) You are resident within the European Union.

4) How the contract is formed between you and us

a) After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

b) The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products, which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

5) Our status

a) Please note that in some cases; we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.

b) We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

6) Consumer rights / Cancelling your order

a) If you are contracting as a consumer, you may cancel a contract at any time within seven working days, beginning on the day after you received the Products (or, if being collected by the customer or his agent – beginning the day after the goods are stated as being ready for collection). In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy set out in clause 10 below.

b) To cancel a contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them inclusive of all original packaging, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

c) You will not have any right to cancel a contract for the supply of any of the following Products: None.

d) Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.

7) Availability and delivery

a) Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation. We aim to dispatch goods in stock within 1-3 working days of receipt of order.

b) Delivery is to a mainland UK address (not a PO Box Number and this excludes Highlands and Islands of Scotland, I.O.M and Northern Ireland). For these areas mentioned, please call our helpline on 01497 847055 to arrange delivery and find out information on costs. For your convenience and speed, items are sent by courier or, for small items at our discretion by Royal Mail post. Where goods are sent by courier, it is a requirement that delivery of goods are signed for by an adult over 18 years of age. If you are unable to be at home during delivery then please notify us ASAP. If a customer requests that items are to be left, ‘in a shed’, ‘conservatory’, ‘behind the bins’ or other unsecure, un-documented place within the grounds of your home – this is ENTIRELY at your (the customers) risk. The Old Railway Line Garden Centre may at its discretion agree to the above however all risk is passed to you.

c) Delivery to a non-UK address will be made by our nominated courier and will be made in accordance with the couriers normal delivery requirements. You will be advised of delivery details and costs prior to dispatch of the order.

d) You must advise us of any non-delivery of goods within 5 days of dispatch.

e) From time to time delays in delivery are inevitable due to non-availability of products. If we are unable to deliver the goods ordered by you we will notify you or we may, at our discretion, supply or deliver a substituted product or refund any monies paid for such goods.

f) From time to time product specifications from a manufacturer may change. In such circumstances we will do our best to offer you a similar alternative. All sizes and measurements are approximate and are as provided by the manufacturers specification. We cannot take any liability for the inaccuracy or otherwise in relation to any specifications or measurements provided by a manufacturer or other third party.

Delivery Rates & Schedule

• Standard UK delivery for light items fitting into an envelope is £2.95.
• Standard UK delivery for items weighing up to 10kg is £6.95.
• Standard UK delivery for items weighing between 10kg and 30kg is £9.95
• Standard UK delivery for large items or items weighing over 30kg is £19.95 or £69.95 for items which need transporting by pallet.

The Old Railway Line Garden Centre reserves the right to only deliver to the address where the payment card is registered.

We dispatch your order as quickly as possible, usually the day it is received. Otherwise we normally dispatch orders 3 to 5 business days after being received, or occasionally longer if there are delays outside of our control in which case we will contact you and advise you fully. You must inform us within two working days of receipt if the goods are lost or damaged in transit so that we can make a prompt claim against the delivery company and correct the problem. Please quote your order number in all correspondence. You agree that proof of delivery and therefore acceptance of the item supplied by our delivery company is sufficient evidence to establish that goods have been received in good condition. If you are unhappy with the condition of the package when it is received, please do not sign for the item as we cannot refund you due to any damage found.

Tax Charges For orders made from the UK or the European Union, the current rate of VAT will added. All other orders are VAT free.

8) Risk and title

The Products will be at your risk from the time of delivery.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

9) Price and payment

a) The price of any products will be as quoted on our website except in cases of obvious error.

b) These prices include VAT but exclude delivery costs, which will be added to the total amount due.

c) Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

d) Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Products correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

e) We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

f) Payment for all Products must be by credit, debit card or bank transfer. We accept payment with all major credit cards including Mastercard, Visa and American Express.

10) Our refunds policy

a) When you return a Product to us: Because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the product in full, however, you will be responsible for the cost of returning the item to us. For any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies) and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail the amount of the refund. In relation to any products returned by you because of a defect these will be either refunded or repaired/replaced at the discretion of the manufacturer of the product in accordance with clause 10.2 below.

b) Any goods sold by us will have the benefit of the manufacturers warranties which will be for 12 months unless otherwise stated. All warranties are subject to the manufacturers terms and conditions. Any defective goods returned to us within the manufacturers warranty period will be repaired or replaced at the sole discretion of the manufacturer and will be subject to compliance with the terms of their warranty. All other warranties and guarantees are expressly excluded so far as the law permits.

c) We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

d) Refunds outside the 7 day cooling off period are entirely at our discretion, by agreement in advance, and will have a restocking charge applied to them (normally 7.5%).

e) All statutory rights remain unaffected.