​

BACKGROUND:  

​

Please read these Terms of Sale carefully before placing an order with Us.  These Terms of Sale, together with any other documents referred to herein (unless  otherwise stated), set out the terms under which Goods are sold by Us to consumers  through this website, www.maryandjunesgarden.co.uk
 

These Terms of Sale explain who We are, how Our Goods will be provided to you,  how you or We may change, cancel, or otherwise end the Contract, what to do in the  event of problems, and other important information. 

​

These Terms of Sale were last updated on 1st May 2021 

​

You will be required to read and accept these Terms of Sale when ordering Goods. If  you do not agree to comply with and be bound by these Terms of Sale, you will not be  able to order Goods through Our site. These Terms of Sale, as well as all Contracts,  are in the English language only. 

​

The following documents may also apply to your use of Our Site: 

​

• Our Terms of Use, apply to your use of Our Site. These terms are also referred to below in Parts 3 and 4. 

• Our Privacy Policy referred to below in Part 22. 

• Our Cookie Policy referred to below in Part 22.] 

• Our Acceptable Usage Policy referred to below in Part 3. 

​

1. Definitions and Interpretation  

​

1.1 In these Terms of Sale, unless the context otherwise requires, the following  expressions have the following meanings: 

​

“Contract” means a contract for the purchase and sale of Goods,  as explained in Part 10; 
 

“Contact Tools” means any online communications facility that We  make available on Our Site enabling you to contact Us 

including, but not limited to, contact forms and live  

chat; 
 

“Goods” means the goods sold by Us through Our Site; “Order” means your order for Goods; 

​

“Order Confirmation” means Our acceptance and confirmation of your  Order; 

​

“Order Number” means the reference number for your Order; and “We/Us/Our” means Mary & June Ltd. 

​

1.2 Unless the context otherwise requires, each reference in these Terms of Sale to:

​

1.2.1 “writing”, and any similar term, includes a reference to any  communication effected by electronic or facsimile transmission or  similar means; 
 

1.2.2 a statute or a provision of a statute is a reference to that statute or  provision as amended or re-enacted at the relevant time; 
 

1.2.3 a Part or paragraph is a reference to a section, part, or clause of these  Terms of Sale. 
 

2. Information About Us 
 

2.1 Our Site is operated by Mary & June Ltd. We are a limited company registered  in England and Wales under company number 12806227. Our registered and trading address is 9a Kingsway House, King Street, Bedworth CV12 8HY 

​

2.2 We are a member of Made in Britain 

​

3. How to Contact Us 
 

3.1 To contact Us with general questions, goods, your order, cancellastions or  complaints by email, please email Us at services@maryandjune.co.uk, to contact Us by posy, please write to us at 9a Kingsway House, King Street,  Bedworth CV12 8HY. 

​

4. Access to Our Site and Use of Our Site 

​

4.1 Access to Our Site is free of charge. 
 

4.2 It is your responsibility to make the arrangements necessary in order to  access Our Site. 
 

4.3 Use of Our Site is subject to Our Website Terms of Use. Please ensure that  you have read them carefully, that you understand them, and that you agree to  them. 
 

5. Changes to these Terms of Sale 

​

5.1 We may alter these Terms of Sale from time to time, for example, to reflect  changes in relevant laws and regulatory requirements. If We do so, details will  be highlighted at the top of this page. If the changes are likely to affect your  Order, We will inform you in advance by email and you may contact Us to end  the Contract before the changes take effect. If you end the Contract for this  reason, you will receive a refund for any Goods paid for but not received. 

​

5.2 If any part of the current version of these Terms of Sale conflicts with any  previous version(s), the current version shall prevail unless We explicitly state  otherwise. 

​

6. International Customers 

​

Please note that We only deliver within the United Kingdom. 

​

7. Goods, Descriptions, and Changes 

​

7.1 We make all reasonable efforts to ensure that all descriptions and images of  Goods available from Us on Our Site match the actual Goods. Please note:

​

a) Images of Goods are for illustrative purposes only. There may be slight  variations in colour between the image of a product and the actual  product due to differences in computer or device displays and lighting  conditions; 

​

b) Images or descriptions of packaging are for illustrative purposes only  and the actual packaging may vary 

​

c) Due to the nature of certain Goods, there may be a variance of up to 2% in weight between the actual Goods and the description. 

​

7.2 Please note that Part 8.1 does not exclude Our responsibility for mistakes due  to Our negligence. It refers only to minor variations in the correct Goods, not to  different Goods. If you receive Goods that are not as described, please refer  to Part 14. 

​

7.3 Minor changes may be made to certain Goods from time to time. This may  happen between you placing your Order and the Goods being dispatched. 

​

Minor changes may be made, for example, to reflect changes in relevant laws  and regulatory requirements or to address particular technical or security  issues. 

Minor changes will not change the main characteristics of the Goods and will  not affect your use of those Goods. 

​

8. Pricing 

​

8.1 We make all reasonable efforts to ensure that prices shown on Our Site are  correct. We may change prices from time to time. Changes in price will not  affect any Order that you have already placed. Please note, however, that  changes in VAT will, as explained below in Part 9.2. 

​

8.2 All prices on Our Site do not include VAT as we are not Vat registered. 

​

8.3 All prices are checked before We accept your Order. If We have shown  incorrect pricing information, We will inform you of the mistake in writing. 

​

If the correct price is lower than that shown when you make your Order, We  will simply charge you the lower price. 

​

If the correct price is higher than that shown when you make your Order, We  will give you the option to purchase the Goods at the correct price or to cancel  your Order (or the affected part of it). We will not proceed with processing your  Order in this case until you respond. If you do not respond within 7 days, We  will treat your Order as cancelled and inform you of the cancellation in writing. 

​

8.4 Delivery charges are not included in the price of Goods shown on Our Site. Delivery options and related charges will be presented to you as part of the  order process. 

​

9. Orders and How Contracts Are Formed 

​

9.1 Our Site will guide you through the ordering process. Before submitting your  Order, you will be given the opportunity to review and amend it. Please ensure  that you check your Order carefully before submitting it. 

​

9.2 If you provide Us with incorrect or incomplete information during the order  process, please contact Us as soon as possible. Where any information is  required, it will be stated on Our Site, either in the product descriptions or  during the order process, as applicable.

​

If We cannot process your Order due to incorrect or incomplete information,  We will contact you to ask you to correct it or provide the missing information  required for Us to supply the Goods to you. 

​

If you do not provide the required information within a reasonable period of Us  asking for it, or if the information is inaccurate or incomplete, We may either  end the Contract or charge you a reasonable sum as compensation for the  extra work required as a result. 

​

We will not be responsible for supplying the affected Goods late or for not  supplying the affected Goods if this is due to you not providing Us with the  required information within a reasonable period of Us asking for it. 

​

9.3 No part of Our Site constitutes a contractual offer capable of acceptance. 

Your Order constitutes a contractual offer. Our acceptance of that offer is  indicated by Us sending you an Order Confirmation by email. 

​

Only once we have sent you an Order Confirmation will there be a legally  binding Contract between Us and you for the sale of the Goods. 

​

9.4 Order Confirmations contain the following information: 

​

a) Your Order Number; 

​

b) Confirmation of the Goods ordered including full details of their main characteristics; 

​

c) Fully itemised pricing for the Goods ordered including, where  appropriate, taxes, delivery, and other additional charges. 

​

9.5 Please quote your Order Number if you contact Us about your Order for any  reason. You do not have to do this, but it may help Us to locate your Order  and help you more quickly and easily. 

​

9.6 In the unlikely event that We cannot accept your Order, We will inform you in  writing and explain why. No payment will be taken under normal  circumstances. If We have taken payment, any such sums will be refunded. 

​

We may not accept your Order because the Goods are out of stock, because  of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price  of the Goods, or because We are not able to meet a delivery deadline that you  have set. 

​

10. Payment 

​

10.1 Payment for Goods and related delivery charges must always be made in  advance. You will be prompted to provide payment details during the ordering  process. 

​

10.2 We will not charge your chosen payment method until We dispatch the Goods. 10.3 We accept the following methods of payment: 

​

Visa, Mastercard and credit card payments. 

​

10.4 If you believe that We have charged you an incorrect amount, please contact  Us as soon as possible to let Us know. 

​

11. When You Own the Goods 

​

Ownership of the Goods passes to you once We have received payment in full of all  sums due.

​

12. Delivery 

​

12.1 All Goods purchased through Our Site will normally be delivered within 7 calendar days after the date of Our Order Confirmation unless otherwise  agreed or specified during the ordering process. 

​

12.2 We will not be responsible for delays that are outside of our reasonable  control. If delivery is delayed for such a reason, We will inform you as soon as  possible and will take steps to minimise the impact of the delay. 

​

12.3 If there is a risk of a substantial delay to delivery, you may contact Us to end  the Contract and will be refunded any sums paid for Goods that you have not  received. 

​

12.4 If you (or someone on your behalf) are not available at your address to take  delivery of the Goods and they cannot be posted through your letterbox, The  delivery company will leave a note informing you of how to arrange for re delivery or of where to collect the Goods. 

​

12.5 If you do not arrange to have the Goods re-delivered or do not collect them,  We will contact you to ask for further instructions. 

​

We may charge you for storage and for further delivery costs. If, despite Our  reasonable efforts, We cannot contact you or cannot arrange for re-delivery or  collection of the Goods, We may end the Contract and issue you with a  refund. We may deduct a reasonable sum in compensation for any net costs  incurred by Us as a result. 

​

12.6 In the unlikely event that We do not deliver the Goods on time (within 30  calendar days of the Order Confirmation or as otherwise agreed or specified),  you have certain legal rights. If any of the following apply, you may treat the  Contract as being at an end immediately: 

​

a) We have refused to deliver the Goods; 

​

b) In light of all relevant circumstances, delivery within the specified or  agreed time period was essential; or 

​

c) You told Us when ordering the Goods that delivery within the specified  or agreed time period was essential. 

​

12.7 If you do not wish to cancel under Part 13.7, or if none of the specified  circumstances apply, you may specify a new (reasonable) delivery date. If We  fail to meet the new deadline, you may then treat the Contract as being at an  end. 

​

12.8 You may cancel all or part of your Order under Parts 13.7 or 13.8 provided  that separating the Goods in your Order would not significantly reduce their  value. 

Any sums that you have already paid for cancelled Goods and their delivery  will be refunded to you. 

​

If any cancelled Goods are delivered to you, you must return them to Us or  arrange for their collection. You must cover the costs of postage or collection.  Please contact Us using the details provided above in Part 3 for a return label  or to arrange collection. 

​

12.9 Responsibility for the Goods passes to you once We have delivered the  Goods to the address you have provided (or a carrier organised by you, if  applicable). 

​

12.10 As explained in Part 10.2, We will not be responsible for delivering Goods late 

or for not delivering Goods if this is due to you not providing Us with required  information within a reasonable period of Us asking for it. 

​

13. Faulty, Damaged, or Incorrect Goods 

​

13.1 This Part 14 provides a summary of your legal rights as a consumer. These  rights may be subject to certain exceptions. For full details please refer to the  Citizens Advice website or contact them on 0808 223 1133. Nothing in these  Terms of Sale will affect your legal rights. 

​

13.2 The Consumer Rights Act 2015 requires that goods must be as described, fit  for purpose, and of satisfactory quality. During the expected lifespan of a  product, your legal rights are as follows: 

​

a) Beginning on the day that you receive the Goods (and ownership of  them) you have a 30 calendar day right to reject them and to receive a  full refund if they do not conform as stated above. 

​

b) If you do not wish to reject the Goods, or if the 30 calendar day  rejection period has expired, you may request a replacement. 

​

13.3 Please note that you will not be eligible to claim under this Part 14 if: 

​

a) We informed you of the problem(s) with the Goods before you  purchased them or you had the opportunity to examine them before  purchase and the problem(s) should have been obvious to you; or 

​

b) You have caused the problem(s) yourself, for example, through misuse  or intentional or careless damage; or 

​

c) You have purchased the Goods for an unsuitable purpose that is  neither obvious nor made known to Us and the problem(s) has/have  resulted from your use of the Goods for that purpose; or 

​

d) The problem(s) is/are the result of normal wear and tear; or 

​

e) You have changed your mind (please refer to Part 16). 

​

13.4 If there is a problem with the Goods, please contact Us using the details  provided above in Part 3. 

​

13.5 If you exercise your legal right to reject the Goods, you must return them to  Us. 

​

13.6 To return Goods to Us for any reason under this Part 14, please post them to  Us, arrange for their collection, or return them in person. We will cover the  costs of postage or collection. Please contact Us using the details provided  above in Part 3 for a return label or to arrange collection. 

​

14. Your Rights to Cancel and End the Contract 

​

14.1 If the Goods are faulty or misdescribed, you may have a legal right to end the  Contract, to have the Goods repaired or replaced, or to get a full or partial  refund. Please refer to Part 14, above, for more information. 

​

14.2 If you are a consumer and have changed your mind, you may have a legal  right to a “cooling-off period” within which you can end the Contract for any  reason. Please refer to Part 16, below, for more information. 

​

14.3 If you wish to end the Contract because of something We have done or are  going to do, please refer to Part 17, below, for more information.

​

15. Cancelling and Ending the Contract if You Change Your Mind 

​

15.1 If you are a consumer, the Consumer Contracts Regulations 2013 give you  the legal right to change your mind and end the Contract for any reason. This  14 calendar day “cooling-off period” begins once your Order is complete and  we send you the Order Confirmation, i.e. when the Contract is formed, and  ends as set out below. You may also cancel for any reason before We send  the Order Confirmation. 

​

a) If the Goods are being delivered to you in a single instalment, the  cooling-off period ends 14 calendar days after the day on which you (or  someone you nominate) receive(s) the Goods. 

​

b) If the Goods are being delivered in separate instalments on separate  days, the cooling-off period ends 14 calendar days after the day on  which you (or someone you nominate) receive(s) the final instalment of  Goods. 

​

15.2 If you wish to end the Contract for this reason, you must inform Us within the  cooling-off period. You may inform Us in any way you wish (including by email,  post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where  possible, your email address and telephone number. Our contact details are  provided above in Part 3. 

​

15.3 Your cancellation notice is effective from the date on which you send it.  Provided you send your cancellation notice or contact Us directly by 23:59:59  on the final day of the cooling-off period, your cancellation will be valid and  accepted. 

​

15.4 Please note that this right to cancel may not apply in the following  circumstances: 

​

a) If the Goods are sealed for health or hygiene reasons and you have  unsealed them after receiving them; 

​

b) If the Goods consist of sealed audio or video recordings or sealed  computer software on physical media and you have unsealed them  after receiving them; 

​

c) If the Goods are likely to deteriorate quickly, for example, flowers or  food; 

​

d) If the Goods have been personalised or custom-made for you; 

​

e) If the Goods have been inseparably mixed with other items (according  to their nature) after you have received them. 

​

16. Cancelling and Ending the Contract Because of Something We Have Done or  Will Do 

​

16.1 You may have the right to cancel and end the Contract because of something  We have done or have informed you that We are going to do. This right to  cancel applies in the following circumstances: 

​

a) We have informed you about an upcoming change to these Terms of  Sale that you do not agree to (see Part 5.1); 

​

b) We have informed you about an upcoming change to the Goods that  you do not agree to (see Part 8.4);

​

c) We have informed you about an error in the price or description of the  Goods and you do not wish to proceed; 

​

d) There is a risk that delivery of the Goods will be substantially delayed due to events outside of Our control (see Part 13.3); 

​

e) You have a legal right to end the Contract because We have done  something wrong (including where We have not delivered the Goods  on time and the circumstances in Part 13.7 or 13.8 apply). 

​

16.2 If you cancel and end the Contract for any of the reasons set out in this Part  17, the Contract will end immediately and you will receive a full refund for any  Goods which have not yet been provided. You may also be entitled to  compensation. 

​

16.3 If you wish to end the Contract for this reason, you may inform Us in any way  you wish (including by email, post, or telephone). Please state that you want to  cancel and end the Contract, providing your name, address, details of your  Order and, where possible, your email address and telephone number. For  your convenience. Our contact details are provided above in Part 3. 

​

17. Returning Goods After Cancelling and Ending the Contract 

​

17.1 Subject to your right to partially cancel your Order under Part 13.9, if you cancel and end the Contract for any reason after Goods have been dispatched  or delivered to you, you must return the Goods to Us or arrange for their  collection at your own cost. Please contact Us using the details provided  above in Part 3 for a return label or to arrange collection. 

​

17.2 If you are exercising your right to change your mind under the cooling-off  period as set out in Part 16, you must return the Goods to Us no more than 14  calendar days after the day on which you informed Us that you wish to cancel. 

​

17.3 We will cover the costs of returning the Goods to Us in the following  circumstances: 

​

a) The Goods are faulty or misdescribed; 

​

b) You are cancelling and ending the Contract because of upcoming  changes to these Terms of Sale that you do not agree to; 

​

c) You are cancelling and ending the Contract because of upcoming  changes to the Goods that you do not agree to; 

​

d) You are cancelling and ending the Contract because We have made an error in the price or description; 

​

e) You are cancelling and ending the Contract because there is a risk that  delivery of the Goods will be substantially delayed due to events  outside of Our Control; 

​

f) You are cancelling and ending the Contract because you have a legal  right to do so because We have done something wrong (including  where We have not delivered the Goods on time and the  circumstances in Part 13.7 or 13.8 apply) 

​

g) You are exercising your right to change your mind under the cooling-off period. 

17.4 In all other circumstances including where you are exercising your right to  change your mind under the cooling-off period, you must cover the costs of  returning the Goods to Us.

​

17.5 If you are responsible for the costs of returning the Goods to Us and We are  collecting them, the cost charged to you will only be the direct cost to Us of  collecting the Goods.

 

18. Refunds 

​

18.1 All refunds due to you will be made using the same method used by you when  paying for the Goods. You will be refunded the price paid for the Goods and  for delivery, subject to the following limitations and deductions: 

​

a) If you are exercising your right to change your mind under the cooling off period, We may reduce your refund to reflect any reduction in the  value of the Goods if that reduction has been caused by your handling  of the Goods in a way that would not be permitted in a shop. If We  issue the refund before inspecting the Goods and subsequently  discover that you have handled them in this way, We may charge you  an appropriate sum. 

​

b) Standard delivery charges (i.e. the cheapest option available for your  Order) will be refunded, but we do not reimburse premium delivery  charges. 

​

18.2 All refunds due to you will be made as soon as possible. If you are exercising  your right to change your mind under the cooling-off period, We will issue your  refund within 14 calendar days of: 

​

a) The day on which We receive the returned Goods; 

​

b) The day on which you inform Us (supplying evidence) that you have  sent the Goods back (if this is earlier); 

​

c) If We are collecting the Goods, the day on which you inform Us that  you wish to cancel and end the Contract; or 

​

d) If We have not yet provided an Order Confirmation or have not yet  dispatched the Goods, the day on which you inform Us that you wish to  cancel and end the Contract. 

​

19. Our Liability to Consumers

​

19.1 We will be responsible for any foreseeable loss or damage that you may suffer  as a result of Our breach of these Terms of Sale (or the Contract) or as a  result of Our negligence. Loss or damage is foreseeable if it is an obvious  consequence of Our breach or negligence or if it is contemplated by you and  Us when the Contract is created. We will not be responsible for any loss or  damage that is not foreseeable. 

​

19.2 We only supply goods for domestic and private use by consumers. We make  no warranty or representation that the Goods are fit for commercial, business  or industrial use of any kind (including resale). We will not be liable to you for  any loss of profit, loss of business, interruption to business, or for any loss of  business opportunity. 

​

19.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death  or personal injury caused by Our negligence (including that of Our employees,  agents or sub-contractors); or for fraud or fraudulent misrepresentation. 

​

19.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a  consumer including, but not limited to, those explained above in part14

​

20. Complaints and Feedback 

​

20.1 We always welcome feedback from Our customers and, whilst We always use  reasonable efforts to ensure that your experience as a customer of Ours is a  positive one, We nevertheless want to hear from you if you have any cause for  complaint. 

​

20.2 All complaints are handled in accordance with Our complaints handling policy  and procedure. 

​

20.3 If you wish to complain about any aspect of your dealings with Us, please contact Us using the contact details provided above in Part 3 

​

21. How We Use Your Personal Information 

​

We will only use your personal information as set out in Our Privacy Policy and our  Our Cookie Policy. 

​

22. What Happens if We Transfer this Agreement to Another Party 

​

We may transfer (assign) Our obligations and rights under these Terms of Sale (and  the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under  these Terms of Sale (and the Contract) will not be affected and Our obligations under  these Terms of Sale (and the Contract) will be transferred to the third party who will  remain bound by them. 

​

23. Other Important Terms 

​

23.1 You may not transfer (assign) your obligations and rights under these Terms  of Sale (and under the Contract, as applicable) without Our express written  permission. We may not permit the assignment. 

​

23.2 The Contract is between you and Us. It is not intended to benefit any other  person or third party in any way and no such person or party will be entitled to  enforce any provision of these Terms of Sale. 

​

23.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid  or otherwise unenforceable by any court or other authority, that / those  provision(s) shall be deemed severed from the remainder of these Terms of  Sale. The remainder of these Terms of Sale shall be valid and enforceable. 

​

23.4 No failure or delay by Us in exercising any of Our rights under these Terms of  Sale means that We have waived that right, and no waiver by Us of a breach  of any provision of these Terms of Sale means that We will waive any  subsequent breach of the same or any other provision. 

​

24. Law and Jurisdiction 

​

24.1 These Terms of Sale, and the relationship between you and Us (whether  contractual or otherwise) shall be governed by, and construed in accordance  with, English law. 

​

24.2 If you are a consumer, you will benefit from any mandatory provisions of the  law in your country of residence. Nothing in Part 26.1 takes away from or reduces your legal rights as a consumer. 

​

24.3 If you are a consumer, any dispute, controversy, proceedings, or claim  between you and Us relating to these Terms of Sale or to the relationship  between you and Us (whether contractual or otherwise) shall be subject to the  jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as  determined by your residency. 

​

24.4 If you are a business user, any dispute, controversy, proceedings, or claim  between you and Us relating to these Terms of Sale or to the relationship  between you and Us (whether contractual or otherwise) shall be subject to the  exclusive jurisdiction of the courts of England and Wales.