How can I track my order?Once your order has been placed you will receive an email confirming the details of your order and providing an order number. Once we have despatched your order you will be sent an email confirming despatch and providing details of our courier and parcel tracking information.
Larger deliveries, such as garden furniture, are delivered to you by a pallet courier. Once we have despatched your order, our delivery company will contact you directly For these deliveries you will be contacted directly to arrange a delivery date.
Can I change my delivery address once my order has been placed?If you need to change the delivery address once your order has been placed, please contact us as soon as possible. If the order has already been despatched we will not be able to change the delivery address.
What if I cannot be home to accept the delivery?Our couriers may be able to accept a ‘safe place’ delivery instruction from you. Details will be available via our despatch email confirmation.
For large items and furniture deliveries we are unable to leave the furniture in a safe place. Please contact us on 01524 230700 or email us at [email protected] if you have an issue with accepting an order.
What is your returns policy?If you change your mind you can return the goods to us within 14 days of receiving the goods from us and receive a refund. To return the goods, please call us on 01524 958010 or email us at [email protected] to arrange collection or a returns label. We will arrange for the items to be returned and refund you within 14 days of receiving the goods back from you.
If you have changed your mind there will be a charge of £4.95 to arrange for the product to be returned. If furniture is being returned there will be a £50 charge to return the product as we will have to arrange a large item collection service with our courier.
If the items are faulty, damaged or misdescribed we will cover the cost of return and, if required, replacement.
If, after ordering items from our website, you wish to cancel your order, you may do so at any time up until the day of despatch. If this is the case, please contact us as soon as possible on 01524 958010 or use the contact page on our website. Once we have acknowledged your cancellation you will receive a full refund using the same payment method you originally used.
What happens if an item is missing from my delivery?If an item is missing from your delivery please contact us on 01524 958010 or email us at [email protected]
What should I do if my order hasn’t arrived?Please allow five working days from the day of dispatch. If your order has still not arrived by this time please call us on 01524 958010 or email us at [email protected]
1. WHO WE ARE
We are Bay View Gardens Limited, a company registered in England and Wales with company number 10693524, and our registered office is at Bay View Garden Centre, Mill Lane, Bolton Le Sands, Carnforth, LA5 8ET. (the “Company” or “we” or “us”).
The Company and personal data: We are committed to lawful, fair and transparent processing of all personal data about our employees, customers, suppliers and other third parties during the course of our business activities. We will always comply with any applicable data protection legislation and we will ensure that collection and use of personal data is carried out in accordance with applicable data protection laws. The main laws governing data protection are the General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016) known as the “GDPR” and the Data Protection Act 2018.
What this policy is: This policy (and any other documents referred to in it, together with any privacy notice displayed on our website) sets out the basis on which we will process any personal data about you or individuals generally - whether it’s information we collect from those individuals or that is provided to us from other sources. This policy sets out rules on data protection and the legal conditions that must be satisfied when we obtain, handle, process, transfer or store personal data.
Notification: We comply with current requirements to notify our data processing activities to the Information Commissioner’s Office and are registered under number ZA369901.
Controlling and processing information: We are the controller of all personal data used in our business for our own commercial purposes. Sometimes though, we will process personal data on behalf of another data controller – and when this is the case, we will do so only in accordance with the instructions of that data controller and otherwise in accordance with the law.
Why you should read this policy: It is important that you read this policy, together with any other documents referred to in it, so that you are aware of how any personal data relating to you will be dealt with by us.
2. DATA PROTECTION PRINCIPLES
We are accountable for demonstrating compliance with the GDPR’s six principles of processing personal data. These provide that personal data we deal with must be:
(a) processed fairly, lawfully and in a transparent manner;
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
(c) adequate, relevant and limited to what is necessary;
(d) accurate and, where necessary, kept up to date;
(e) not kept for longer than necessary; and
(f) processed securely, maintaining integrity and confidentiality.
3. SOME BASIC DEFINITIONS WE USE IN THIS POLICY
Personal data: In this policy, when we use the term “personal data” we mean any information relating to an identified or identifiable human being. (An “identifiable” person is one who can be identified, directly or indirectly, for example, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, biometric, mental, economic, cultural or social identity of that person).
Sensitive personal data: In this policy, when we use the term “sensitive personal data” we mean special categories of information which are personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying someone, data concerning health or data concerning someone’s sex life or sexual orientation.
4. THE KIND OF PERSONAL DATA WE HOLD ABOUT YOU
We may collect, record, organise, structure, store, adapt, alter, retrieve, consult, use, disclose by transmission, disseminate or otherwise make available, align or combine, restrict, erase or destroy the following types of personal data about you:
- Personal contact details such as name, title, addresses, telephone numbers and personal email addresses.
- Demographic information such as your postcode and interests
- Date of birth
- Bank account or debit/credit card details
- Any identification document you may show us as proof of age, where required
- Any photographs or other information you may make available when interacting with us via social media
- Information about your use of our information and communications systems
- Any information you make available, or transmit to us, via social media accounts
- Details of transactions you carry out through our website or by other means, the fulfilment of your instructions and any subsequent communications with you about any of these.
- Details of your visits to our website including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own administrative purposes or otherwise and the resources that you access.
- We may record telephone conversations for training and security purposes. You will be notified if a recording is taking place at the commencement of any call.
- Closed-circuit television recordings within our premises for safety and security purposes.
We do not collect, store or use sensitive personal information.
5. HOW IS YOUR PERSONAL DATA COLLECTED?
In the course of our business, we may collect personal data directly from an individual:
- when you provide information in relation to the purchase of goods, or in relation to services we might provide to you, either at Bay View Garden Centre or via our website;
- when you submit an enquiry about our goods or services;
- when you sign up to our mailing list or loyalty card scheme; and
- when you provide personal data directly to members of our team.
We may also collect personal data about individuals from other sources such as:
- Details you may provide to our online booking reservations service where we need that information in order to honour a booking for our restaurant or event
We will only collect personal data to the extent that it is required for the specific purpose notified to individuals about whom we are collecting it - and we will keep it only as long as is necessary.
6. HOW WE WILL USE PERSONAL DATA
We will only use personal data when the law allows us to do so and relying on a relevant basis for lawful processing in each instance. We will use your personal data in the following circumstances, relying on the basis of processing indicated:
Basis of processing: Where we need to perform a contract we are about to enter into or have entered into with you.
- To provide you with information, products or services that you request from us (contact details, details of any delivery arrangements).
- To carry out our obligations arising from any contracts entered into between you and us (contact details, payment information, details of any delivery arrangements and any information relating to personalisation status).
Basis of processing: Where it is necessary for our legitimate interests (or those of a third party) and we have undertaken an assessment to determine that processing for those interests (listed below) does not outweigh your interests and fundamental rights, considering the nature and impact of the processing and any relevant safeguards we can put in place.
- To ensure that content from our website is presented in the most effective manner for you and for your device (online identifiers, location data and other technical information).
- To provide you with information, products or services that we feel may interest you, (where you have consented to be contacted for such purposes to the extent consent is required by law) (contact details and any information relating to personalisation preferences).
- To allow you to participate in interactive features of our service, when you choose to do so (online identifiers, location data and other technical information).
- To notify you about changes to our service (contact details).
- To maintain a basic amount of information about you and your transaction history, in order to provide you with a service tailored to your preferences (contact details, payment history and any information relating to personalisation status).
Basis of processing: Where we need to comply with a legal or regulatory obligation.
- To retain basic transaction details for the purpose of tax reporting (contact details and transaction history).
Basis of processing: Where you have consented to the processing.
- To use non-essential cookies on our website (see “Cookies” section below for further information) (online identifiers, location data and other technical information). You have the right to withdraw consent to such use at any time by contacting us but please note that some or all parts of our website may no longer be accessible to you.
- To send you direct marketing communications via email, text message, post or telephone call (contact details). You have the right to withdraw consent to any such use at any time by contacting us.
Other issues about how we use personal data:
- Please note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal basis we are relying on to process your personal data – contact details are below.
- We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. Please contact us if you would like further details of any additional purposes of processing. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis that allows us to do so.
- Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods you have ordered from our web shop). If this happens, we may have to cancel, or be unable to provide, any services you have requested.
- Please note that we may process your personal data without your knowledge or consent where required or permitted by law.
- If you provide us with any personal data relating to relatives, partners or other individuals it is your duty to make such persons aware that their personal data may be shared with us and to provide them with appropriate information about how their personal data may be processed by us.
7. DIRECT MARKETING
As indicated above, we may use your personal data to provide you with information about goods and services which may be of interest to you and we may contact you about these by email, text message, post or telephone call. This is known as direct marketing.
Examples of direct marketing may include:
- sending promotional emails about new products, special offers, customer events or other information which we think you may find useful or interesting using the email address which you have provided;
- contacting you for market research purposes (by email, text message, post or telephone call).
We will only process personal data for the above purposes as permitted by law, which usually means with your specific consent. You have the right to withdraw this consent at any time. Information about how to withdraw your consent is set out below.
We may also disclose your information to third parties (including our subsidiaries, our ultimate holding company and its subsidiaries and any marketing agencies) for the purpose of direct marketing. Again, we will only do this with your explicit consent and you have the right to withdraw this consent at any time. Information about how to withdraw your consent is set out below. Please see “Data Sharing” below for further details.
In this policy, where we have referred to needing your consent for any processing, we will make sure that the consent:
- is specific consent for one or more specified purposes; and
- is given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of your agreement to the relevant processing of personal data.
9. AUTOMATED DECISION-MAKING
Automated decision-making takes place when an electronic system uses personal data to make a decision relevant to you without human intervention.
We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
10. DATA SHARING
Transfer of personal data outside of the EEA: We may transfer certain personal data that we hold on individuals living in the UK or European Union to a country outside the UK or European Economic Area ("EEA"), provided that one of the following conditions applies:
- the country to which the personal data is transferred ensures an adequate level of protection for that individual’s rights and freedoms;
- an individual has given their explicit and informed consent having had the risks explained to them;
- the transfer is covered by one of the derogations set out in the GDPR, including the performance of a contract between us and that individual, or to protect the vital interests of individuals;
- the transfer is legally required on important public interest grounds or for the establishment, exercise or defence of legal claims; or
- the transfer is authorised by the relevant data protection authority where we have checked adequate safeguards exist with respect to the protection of the individual’s privacy, their fundamental rights and freedoms, and the exercise of their rights.
Subject to the requirements set out above, the personal data we hold may also be processed by individuals operating outside the UK or EEA who work for us or for one of our suppliers. Those individuals may be engaged in, among other things, the fulfilment of contracts with the relevant individual, the processing of payment details and the provision of support services.
Safeguards: If we use a third party data processor to process personal data on our behalf, we will obtain contractual commitments to safeguard the security of the personal data to ensure that the third party only acts on our instructions when using that personal data and that the third party has in place appropriate technical and organisational security measures to safeguard the personal data. Whenever we transfer your personal data out of the UK or EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We may transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the UK government or European Commission.
- Where we use service providers, we may use specific contracts approved by the UK government or European Commission which give personal data the same protection it has in Europe.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data outside the UK or EEA.
Why we might share your personal data with third parties: We may share personal data we hold with: (i) any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries; and/or (ii) in the event that we sell or buy any business or assets, or sell the Company, we will disclose your personal data to the prospective seller or buyer of such business or assets. We may also disclose personal data we hold to third parties if we are under a duty to disclose or share an individual’s personal data in order to comply with any legal obligation, or in order to enforce or apply any contract with that individual or other agreements; or to protect our rights, property, or safety of our employees, customers or others. This includes exchanging personal data with other companies and organisations for the purposes of fraud protection and credit risk reduction.
We may share personal data with other members in the group as part of our regular reporting activities on company performance, such as sales and customer analysis. Where appropriate, we will anonymise personal data when used for performance reviewing and reporting activities.
We may also share personal data we hold with selected third parties for the purposes set out below. We do not allow our third-party service providers to use your personal data for their own purposes; we only permit them to process your personal data for specified purposes and in accordance with our instructions.
Third party service providers who may process your personal data: When we use the term “third party”, we mean any entity who is not the Company, including third party service providers, contractors and designated agents and any member of our group. The following third party service providers may process personal data for the following purposes:
The Rocket Science Group t/a Mailchimp – Email database management marketing
RestaurantDiary.com Ltd – Online booking reservation service
MakeUsVisible Limited – Website hosting, database management and online marketing
Davidson-Richards Limited – EPOS software supplier
EPOS Now Ltd – EPOS software supplier
11. DATA SECURITY
We have put in place internal procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
12. DATA RETENTION
We will not keep personal data in a form which permits identification of individuals for longer than is necessary for the purpose or purposes for which they were collected. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of personal data, the purposes for which we process information and whether we can achieve those purposes through other means, and the applicable legal requirements.
We will only keep personal data for as long as is necessary for the purpose or purposes for which that personal data is processed; and we will let anyone about whom we process data know how long that is or the criteria that go into deciding how long that is.
We may sometimes anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Our website may, from time to time, contain links to and from the websites of partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies or the security of these websites. Please check the relevant policy before you submit any personal data to these websites.
13. YOUR RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data, as summarised below.
You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (of our own or of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us at [email protected]. We aim to respond to all legitimate requests within one month (and if we are only processing the data in question on behalf of another party, the response may actually come from that other party as the relevant data controller). Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive - alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask for further information in relation to your request to speed up our response.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer or device if you agree. Cookies contain information that is transferred to your computer or device. We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and any advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you block cookies you may not be able to access all or parts of our website.
15. CHANGES TO THIS POLICY
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
You have the right to make a complaint at any time to the Information Commissioner's Office, the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the Information Commissioner's Office, so please contact us in the first instance.
Delivery is to UK mainland only. Standard delivery charges are:
Orders up to £150 - £4.95
Orders over £150 - Free
Delivery will be via Royal Mail or our parcel courier.
Bulky and heavy items
Delivery options for bulky and heavy items such as garden furniture and BBQs are:
UK mainland (except Scottish Highlands) - £50
Scottish Highlands - £150
Delivery will be made on pallets for heavy items and delivered to your kerbside only. We are unable to remove packaging and pallets for you. Please let us know if there are any difficulties in delivering to your address, such as narrow roads.
Terms & conditions
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them. Please read these terms carefully before you submit an order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Bay View Gardens Limited, a company registered in England and Wales with company number 10693524, and our registered office is at Bay View Garden Centre, Mill Lane, Bolton Le Sands, Carnforth, LA5 8ET. Our registered VAT number is 267705674.
2.2 Contact. You can contact us by telephoning our customer service team on 01524 958010 or by writing to us at [email protected]. If we have to contact you we will do so by telephone or by writing to you at the email address you provided in your order. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to acknowledge it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be for example because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our goods in the UK (see clause 7.1 for a list of our delivery locations and respective delivery costs). Unfortunately, we do not accept orders from, or deliver to, addresses outside the UK.
4. Our goods
4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because certain goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
4.2 Product packaging may vary. The packaging of goods may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to your order please contact us as soon as possible and we will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see 8 - Your rights to end the contract).
6. Our rights to make changes
We may make minor changes to goods, for example to reflect changes in relevant laws and regulatory requirements. Any such changes will not materially affect the quality or use of any goods. If we make any significant changes to goods you have ordered we will notify you and you may then cancel your order and receive a refund if you do not wish to proceed.
7. Providing the goods
7.1 Delivery costs. The costs of delivery will be as displayed on our website at https://bayviewgardencentre.co.uk/contact. Please note that we only deliver to addresses within mainland UK. For deliveries to Scottish Highlands and Islands, please call us for a delivery quote on 01524 958010 or email [email protected].
7.2 When we will provide the goods. During the order process we will let you know when we will provide the goods to you. Unless we have advised you otherwise, we aim to deliver all goods within five working days of your order being accepted.
7.3 We are not responsible for delays outside our control. If our supply of goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
7.4 Collection by you. If you asked at the time of ordering to collect the goods from Bay View Garden Centre, you can collect them from us at any time during our working hours Monday to Saturday 9am to 5:30pm once we have contacted you to notify you the goods are ready.
7.5 Proof of age. If you are buying alcohol or other age-restricted goods, we reserve the right to require photographic proof of ID prior to handing over the relevant goods.
7.6 If you are not at home when a product is delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, our selected carrier will leave you a note informing you of how to rearrange delivery. Pallet deliveries will be subject to an additional charge, should they require rearrangement if sufficient notice has not been provided to us in advance.
7.7 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and 10.2 will apply.
7.8 When you become responsible for the goods. Goods will be your responsibility from the time we deliver them to the address you gave us or you collect it from us.
7.9 When you own goods. You own goods once we have received payment in full.
7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you, for example, any measurements relevant to goods you have ordered or details for any personalised items. If so, this will have been stated in the description of the goods on our website and/or requested during the online order process. We will contact you to ask for any missing information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.11 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of a product to:
(a) deal with technical problems;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see 6).
7.12 Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of a product, unless the problem is urgent or an emergency. You may contact us to cancel your order for a product if we suspend it, or tell you we are going to suspend it, for a period of more than two weeks and we will refund any sums you have paid in respect of that product.
7.13 We may also suspend supply of the goods if you do not pay. If you do not pay us for the goods when you are supposed to (see 12.4) or any such payment is rejected, and you still do not make payment within five days of us reminding you that payment is due, we may suspend the supply of goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply. As well as suspending the goods we can also charge you interest on your overdue payments (see 12.5).
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to have the product repaired or replaced, or to receive some or all of your money back), see 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see 8.2;
(c) If you have just changed your mind about the product, see 8.3. You may be able to receive a refund if you are within the cooling-off period, but this may be subject to deductions (see clause 9.6) and you will have to return the goods to us or pay the costs of return of any goods (see clauses 9.2, 9.3 and 9.4);
(d) In all other cases (if we are not at fault and there is no right to change your mind), see 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for one of the reasons set out below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming significant change to a product which you do not agree to (see 6);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the goods may be significantly delayed because of events outside our control;
(d) we suspend supply of the goods, or notify you we are going to suspend supply, as described in clause 7.12, in each case for a period of more than two weeks; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.
8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) any food or drink items with a short shelf life;
(b) any goods that have been personalised or otherwise made to order;
(c) goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d) sealed audio or sealed video recordings, once these goods are unsealed after you receive them; and
(e) any goods which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days, in which case you have until 14 days after the day the last delivery is received.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still cancel an order before it is delivered but you may have to pay us compensation. If you want to cancel an order before it is delivered where we are not at fault and you do not have a legal right to change your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 01524 958010 or email us at [email protected]. Please provide your name, home address, details of the order, your order number (see clause 3.3) and, where available, your phone number and email address.
(b) Online. Complete the contact form on our website.
(c) By post. Write to us at Bay View Garden Centre, Mill Lane, Bolton Le Sands, Carnforth, LA5 8ET, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning goods after ending the contract. If you cancel an order for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person if you collected them, post them back to us at Bay View Garden Centre, Mill Lane, Bolton Le Sands, Carnforth, LA5 8ET or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01524 958010 or email us at [email protected] for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to cancel the order.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the goods are faulty, damaged or misdescribed;
(b) if you are ending the contract because we have told you of a significant change to the product, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return, which will be £4.99 unless we advise you otherwise.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, which will be £4.99 unless we advise you otherwise.
9.5 How we will refund you. We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an amount which we deem appropriate.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if you choose to have a product delivered in a shorter timescale at a premium cost, we will only refund what you would have paid for the cheaper standard delivery option.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within five days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example relating to any personalisation; or
(c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in 10.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 01524 958010 or email us at [email protected].
11.2 Summary of your legal rights. We are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If you are buying goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can receive an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also 8.3.
11.3 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods, or to change your mind, you must either return the goods in person, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please see clause 9 for details.
12. Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that prices are correct. However please see 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment with Visa and Mastercard debit and credit cards. Payment for the goods is taken at the point of order, orders will only confirmed and processed after a successful payment has been taken..
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summarised at clause 11.2; and for defective goods under the Consumer Protection Act 1987.
13.3 We are not liable for business losses. We only supply goods for domestic and private use. If you use goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
14. How we may use your personal information.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if, for example, that transfer requires another person to make payment to us and we have concerns about their ability to pay.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you fail to make payment but we continue to provide the goods, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
15.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.
“We were greeted at the door by a lovely member of staff, who went through the rules, regarding covid and mask-wearing. The waitresses were attentive and very pleasant. The guy on the till was lovely and efficient. Nothing was too much trouble. I haven’t been since the makeover and was pleasantly surprised by the modern contemporary style of the cafe, making the most of view over the estuary. It was a really lovely time. Thank you.”
“Had booked a table for my 91-year-old mother and I, we had a lovely table. The food was fresh, very good quality. Very impressed with the cleaning regime between customers. Staff friendly and helpful. Mum assured me this was the best hot chocolate she had ever had. Looking forward to visiting again. Thank you.”
"I think this place is the best out there for everything, especially re: Covid-19…The food is very good quality, its fantastically clean and the service is great even though we had not booked a table they were helpful in getting us sat down. This will be my spot to come to each time throughout my stay in Bolton Le Sands.”