Terms and Conditions

Last Updated: May 2nd, 2022

General Terms and Conditions for the supply of Products or Services of Sky Garden Sky Garden (“Sky Garden”, “we”, and “us”) is an online reseller Services provider in the Luxury Garden andOutdoor Spaces throughout the United Kingdom. We provide essential e-commerce solutions to themanufacturer (“Supplier”) who is selling through Sky Garden’s website or commerce solution where these termsof service (“Terms”) appear (“Site”).IMPORTANT: Please read these Terms carefully before purchasing from the Site. They contain importantlimitations and exclusions that apply to your purchase from this Site, including limitations of liability. Byplacing an order on this Site, you agree to be bound by these Terms, and any sale through this Site isconditional upon your acceptance of them. If you do not agree to any of these Terms, you mustdiscontinue use of this Site and you must not complete your order.You are bound by the version of the Terms in effect on the date you complete your Order. However, we maychange these Terms from time to time, and when we do, we will post them on the Site. It is your responsibility toreview the Terms each time you make a purchase from us.

Identity of Operator

Sky Garden,

Suite 6, Old Barn offices,
Rye East Sussex TN31 7PA
United Kingdom,

Email address: hello@myskygarden.co.uk

Company Number: 11479174

Section 1: Entire Agreement

These Terms contain the entire agreement between you and Sky Garden regarding your purchase of products orServices from this Site, and they supersede any prior representations, agreements, or Terms implied by trade,course of dealing, or custom. No amendment to these Terms is enforceable against us unless submitted inwriting and signed by us.

Section 2: Your Privacy

Our Privacy Policy, which is incorporated into these Terms by reference, governs your submission and our use of personal information through this Site. By submitting your personal information to us in connection with your order, you consent to us processing (either directly or through third party service providers) your information to fulfil your order in accordance with our Privacy Policy. To view the applicable Privacy Policy, please click here

Section 3: Your Obligations and Representations

This Site is not targeted or aimed at children or to other individuals who do not have the legal capacity to contract. By placing an order, you declare that you have the legal capacity to contract If you are placing an orderon behalf of a third party, you declare that you have the authority to act on that party’s behalf and youracceptance of these Terms constitutes that third party’s acceptance.You declare that you will comply with all applicable laws and regulations, including export and import regulations.You agree that you are not purchasing the products or Services for export, transfer, or use in violation of any applicable laws. You further agree that you will not use them for any illegal or unauthorised use. You declare thatthe information you provide in connection with your purchase, including your physical address, email address,and payment information, is complete and accurate. You declare that you are authorised to charge and initiate apayment via the payment method you designate for your purchase.

Section : Interpretation

4.1 Definitions:

a. Agreement: the offer, agreement and all subsequent acts between Sky Garden and the Consumer forthe sale and purchase of Products or Services in accordance with these Terms. 

b. Business Day: a day other than a Saturday, Sunday or public holiday in United Kingdom , when banks in United Kingdomare open for business. d. Consumer: the person or business who purchases the Products or Services from Sky Garden (collectively “Consumer(s)”, “you”, and “your(s)”). 

f. Sky Garden: The Flamingo Group Ltd (registered in England and Wales with company number
11479174 ). 

g. Force Majeure Event: an event, circumstance or cause beyond a party’s reasonable control. 
h. Products or Services : the Goods, Products or Services (or any part of them) set out in the Order. 

i. Order: the Consumer’s order for the Products or Servicesas set out in the Consumer’s purchase order receipt.

j. Specification: any specification for the Products or Services, including any related plans and drawings, that is agreed in writing by the Consumer and Sky Garden.

4.2 Interpretation of specific words and or references:

a. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). 

b. A reference to a party includes its successors and permitted assigns. 

c. A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision. 

d. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

Section 5. Basis of agreement

5.1 These Terms apply to the Agreement to the exclusion of any other terms that the Consumer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. 

5.2 The Order constitutes an offer by the Consumer to purchase the Products or Services in accordance with these Terms. The Consumer is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Consumer are complete and accurate. 

5.3 Sky Garden accepts the Consumer’s offer only when Sky Garden has received approval by the Consumer’s chosen payment method and when Sky Garden ships the Consumer’s product or otherwise makes it available to them. At Sky Garden’s discretion, we reserve the right to decline the Consumer’s offer and cancel their order. Any order confirmation we send when you complete your order is an acknowledgement of your offer only and is not an

acceptance of your offer, which is subject to correction before shipment of your physical products or delivery of your Services. By placing an order, you are consenting to our use of electronic communications related to your transaction and the electronic delivery of notices, policies, and records of the transaction You agree that we may keep pertinent contract records, including communications and acknowledgements, as permitted by law.

5.4 Any samples, drawings, descriptive matter or advertising produced by Sky Garden and any descriptions or illustrations contained in Sky Gardens website and social media are produced for the sole purpose of giving an approximate idea of the Products or Services referred to in them. They shall not form part of the Agreement nor have any contractual force.

Section 6. Products or Services

6.1 The Products or Services are described in Sky Garden’s website as modified by any applicable Specification. 

6.2 Sky Garden reserves the right to amend the specification of the Products or Services if required by any applicable statutory or regulatory requirement, and Sky Garden shall notify the Consumer in any such event. 

Section 7: Payment Terms

You agree to pay for the Products and Services through the payment methods offered on this Site. Those payment methods may be subject to their own terms and conditions. We may use third party service providers to process and authorise your payment. By placing an order, you are authorising us and our third-party service provider(s) to charge you for your purchase using your selected payment method. You further agree that we may charge the total amount of the purchase including any applicable taxes, delivery, and customs charges to your designated payment method. If we have delivered your product or service to you and your payment method fails for any reason, you agree to pay us the full amount due upon demand.

Section 8. Delivery

If we accept your offer, we will use commercially reasonable efforts to ship and deliver your physical products.

8.1 Sky Garden shall deliver the Products or Services (delivery in instalments is permitted) to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Sky Garden notifies the Consumer that the Products or Services are ready. You must check the delivery address you provided during the ordering process (“Delivery Address”). If there are any errors or omissions, you must contact us to correct the Delivery Address as soon as possible. We cannot change the shipping address after your order has been processed and fulfilled. We reserve the right to cancel your order and/or charge you for any extra costs that arise as a result of any change in the delivery address on your part. Where we deliver product in instalments, each instalment constitutes a separate contract. Any defect in one or more instalments does not entitle you to repudiate the contract as a whole or cancel any subsequent instalment.

8.2 Delivery is completed on the completion of unloading of the Products at the Delivery Location.

8.3 Any delivery time frames we provide during the checkout process are estimates only and are not guaranteed and the time of delivery is not of the essence. Sky Garden shall not be liable for any delay in delivery of the Products or Services that is caused by a Force Majeure Event or the Consumer’s failure to provide Sky Garden with adequate delivery instructions or any other instructions that are relevant to the supply of the Products or Services.

8.4 If Sky Garden fails to deliver the Products or Services for a reason not anticipated by clause 8.3 after a reasonable amount of time has passed from the quoted delivery date you must in writing permit Sky Garden a period of not less than 30 Business Days to deliver the Products or Services.

8.5 If Sky Garden fails to deliver the Products or Services its liability shall be limited to the costs and expenses incurred by the Consumer in obtaining replacement Products or Services of similar description and quality in the cheapest market available, less the price of the Products or Services. Sky Garden shall have no liability for any failure to deliver the Products or Services to the extent that such failure is caused by a Force Majeure Event or the Consumer’s failure to provide Sky Garden with adequate delivery instructions or any other instructions that are relevant to the supply of the Products or Services.

8.6 If the Consumer fails to accept delivery of the Products or Services Sky Garden shall store the Products or Services until delivery takes place and charge the Consumer for all related costs and expenses (including insurance).

8.7 If eight Business Days after the day on which Sky Garden notified the Consumer that the Products or Services were ready for delivery the Consumer has not accepted actual delivery of them, Sky Garden shall be entitled to dispose of the products in a manner we deem appropriate and after deducting reasonable storage and selling costs, account to the Consumer for any excess over the price of the Products or Services and may offset any proceeds of a sale against any sums the Consumer owes us

8.8 The Consumer shall inspect and check the delivered Products or Services immediately after receipt. Objections, or defects about the Products or Services not immediately visible must forthwith be reported to Sky Garden in writing and as detailed as possible, within two Business Days after the Consumer has detected them (or could have detected them). Without the said notification the relevant Products or Services are deemed to have been delivered without damages, defects or shortcomings. The submission of a notification shall not suspend the Consumer’s payment obligations.

Section 9. Quality

Except where required by law, or otherwise indicated by us in writing, we offer no warranty on the products and Services we sell. We make no statements as to the quality, fitness for a specific purpose, performance, correspondence with description or error or defect correction. You will receive the benefit of any warranty offered by the manufacturer or supplier of the product or Services in connection with the sale. For details of any warranty applicable to your purchase, refer to the relevant documentation supplied with the product or on the Site where you purchased your product or service. This documentation may also contain the procedures applicable to the repair or replacement of defective products.

Section 10 : Returns and Refunds

10.1 Sky Garden offers a standard 14-day return policy. Please refer to the return policy presented on the Site for any further details in relation to the return policy that applies to your purchase. To view the applicable Returns and Refunds Policy, please click here

10.2 For shoppers in England and Wales, there is an additional right that is applicable that all products you purchase from the Site must guarantee that the products conform to the contract. A product does not lack conformity if you were aware (should have been aware) of the lack of conformity at the time the contract was concluded. A product does not lack conformity if the lack of conformity is a result of materials supplied by you. If a product does not conform to the contract, you have the right to (1) ask us to bring the goods into conformity free of charge by either repairing or replacing the product; (2) a price reduction; or (3) rescind the contract with regards to any non-conforming products and services. You may not be entitled to repair or replacement if repair or replacement is impossible or the cost disproportionate to the cost of an alternative remedy. The following time periods applies to your purchase – England, Wales, and Northern Ireland – you must exercise your rights within the 6-year limitation period.

Section 11. Title and Risk

11.1 Provided your designated payment method has been honoured, title to the Products and Services shall not pass to the Consumer until Sky Garden receives payment in full (in cash or cleared funds). Title to physical products transfers to you when we deliver the physical products to the Delivery Address. Risk of loss for physical products transfers to you when we deliver the physical products to the delivery address and if no signature is required for the delivery of physical goods, you accept all risk of loss for theft or loss when we deliver the product to the delivery address.

11.2 The Consumer shall insure the Products or Services from the point of dispatch by Sky Garden.

11.3 Until title to the Products or Services has passed to the Consumer, the Consumer shall:

(a) store the Products or Services separately from all other Products or Services held by the Consumer so that they remain readily identifiable as Sky Gardens property;

(b) not remove, deface or obscure any identifying mark or packaging on or relating to the Products or Services;

(c) maintain the Products or Services in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.

Section 12. Price and payment

12.1 The price of the Products or Services shall be the price set out in the Order, or, if no price is quoted, the
price set out in Sky Gardens published price list in force as at the date of Order.  Sky Garden makes every
attempt to ensure that the products and Services offered for sale on the Site are described and represented as
accurately and as completely as possible. However, mistakes may occur and if there are errors, we reserve the
right to correct and revise. Prices are subject to change. The prices payable are those prices valid at the time of
our acceptance of your offer.

12.2 The price of the Products or Services: 

(a) excludes amounts in respect of value added tax (VAT) other taxes, delivery, export, or other charges which
the Consumer shall additionally be liable to pay to Sky Garden at the prevailing rate, subject to the receipt of a
valid VAT invoice; and 

(b) excludes the costs and charges of packaging, insurance and transport of the Products or Services, which
shall be invoiced to the Consumer.

Section 13. Limitation of liability and Indemnification

13.1 Sky Garden is neither the manufacturer nor publisher of the products and services offered for sale on this Site. Except as otherwise provided for in these Terms, Sky Garden supplies products and services “as is” to the fullest extent permitted by law, with no warranties or representation of any kind. Sky Garden disclaims, to the fullest extent permitted by law all warranties, express, implied, and statutory, including all warranties of merchantability, fitness for a particular purpose, and non-infringement. The company does not warrant that any products will be in stock, safe, defect-free, conform to written or oral specifications, guarantees, representations or promises. Sky Garden does not warrant that the products will not be lost or damaged during delivery.

13.2 To the maximum extent permitted under applicable law, in no event and under no legal basis will Sky Garden, its suppliers, or licensors be liable to you or any third party for any damages, costs, or liabilities arising from or related to the purchase or use of any products or services or these terms, including, without limitation, any direct, indirect, incidental, consequential, or special damages (e.g. damages for expense or business interruption, property damage, attorneys’ fees, lost profits, lost use, revenue, goodwill, or value of assets or securities) even if Sky Garden has been advised or is otherwise aware of the possibility of such damages. Sky Garden’s total aggregate liability arising out of or related to the purchase and sale of a product or services is limited to the amount you paid to Sky Garden for such product or service.

13.3 The above limitations of liability form the fundamental basis of the bargain between you and Sky Garden. The above cap on liability will not apply to liability for Sky Garden for

(a) death, personal injury, or property damage directly or indirectly caused by the item you purchased from Sky Garden; or

(b) damages caused by Sky Garden’s fraud, fraudulent misrepresentations, intentional misconduct, gross negligence, or any other matters for which liability cannot be excluded or limited under applicable law. Nothing in this section limits or excludes liability that cannot be limited or excluded under applicable law

13.4 You agree to indemnify and hold Sky Garden and each of our employees, agents, content providers, service providers, suppliers, and licensors (collectively “Released Parties”) harmless from any and all claims, liabilities, costs, losses, and expenses, including reasonable attorneys’ fees, arising from

(1) your purchase of products and services made available through this Site; and (2) your fraudulent or deceptive acts or omissions, or breach or violation of law, including infringement of any IP claim or breach of these Terms.

Section 14: No Waiver

Any delay or failure by us to exercise or enforce any right or provision of these Terms does not constitute a waiver on our part. A waiver of any breach or default in one instance does not constitute a waiver of any breach or default in a subsequent breach or default. No waiver by us will be effective unless it is in writing and signed by us.

Section 15: Severability

If any provision (or part of a provision) of the Terms is determined to be invalid, illegal, or unenforceable, the validity of the remaining provisions will not be affected and will be enforced to the fullest extent permitted by the applicable law.

Section 16: No Waiver

Any delay or failure by us to exercise or enforce any right or provision of these Terms does not constitute a waiver on our part. A waiver of any breach or default in one instance does not constitute a waiver of any breach or default in a subsequent breach or default. No waiver by us will be effective unless it is in writing and signed by us.

Section 17: Dispute Resolution

17.1 We hope that you are completely satisfied with the purchase of your product or service. We will make every reasonable effort to resolve any disputes you may have with us. However, if we are unable to resolve any dispute that arises in connection with your transaction, this Site, or these Terms to your satisfaction, this section governs the dispute resolution process.

17.2 Subject to any mandatory local law, these Terms shall be governed by English Law and we both agree to the non-exclusive jurisdiction of the English Courts of London over the Terms and any other matter related to them, and all proceedings shall be conducted in English.