These terms (“Terms”) apply if you want to purchase products from us or use our website.
Please read these Terms carefully before using the Site. By using the Site you agree that you have read, understood and accept these Terms. If you do not agree to be bound by these Terms, you may not use or access the Site or place an order with us.
In these Terms, references to “we” or “us” are to The Sphagnum Shop Ltd, a company incorporated in England and Wales (registered number 13100113) whose registered office is at 5 Bankside, Hanborough Business Park, Long Hanborough, Oxfordshire, OX29 8LJ.
Terms of Sale
The placing of an order anywhere on our Site does not constitute a contract. Order acceptance and the contract between you and us will only be formed on the despatch to you of the product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions set out in the “Cancellations, Replacements and Refunds” section below. For the avoidance of doubt, a contract is not formed at the point in time that payment has been taken from you by Winetraders nor at the point when you receive an email from Winetraders acknowledging receipt of your order.
Non-acceptance of an order may be a result of one of the following:
All prices are quoted in pounds sterling and are inclusive of delivery.
Although we endeavour to ensure that all pricing information on our Sites is accurate occasionally an error may occur and products may be incorrectly priced. In the event that a product you have ordered is listed at an incorrect price we will contact you by telephone or email before despatching your products asking you to confirm if you still wish to proceed with your order at the correct price or cancel your order. If you do not confirm that you wish to proceed with the order within seven days of the date of our email, we will consider this is a withdrawal of your order.
We reserve the right to alter prices without notice in the event of major currency fluctuations, changes to VAT or other taxes or import tariffs (including but not limited to the imposition of any new or replacement duty or tariff by the WTO or any other competent authority domestic or international) or other market conditions. We also reserve the right to terminate any special offer at any time, without notice.
All products and services are subject to availability.
We deliver in the UK. You should keep your delivery note and all packaging and should notify us immediately if any of the order is missing or damaged.
All information (including credit card details) is sent and received using up-to-date secure e-commerce software. We continuously monitor and implement new security protocols and software as they become available.
Fraud and Crime Prevention
For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, we may share any information that we collect with the police, other public or private sector agencies or representative bodies in accordance with the relevant legislation. Information shared in this way will not be used for marketing purposes.
Please note that the images of the products on our website are for illustrative purposes only. Although we use our best efforts to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflect the colour of the products. The products you purchase may vary slightly from those images.
You have certain legal rights in respect of any products or services you purchase from us, including that such products are of satisfactory quality and that services are provided with reasonable care and skill. You have certain legal remedies if we breach these rights. Nothing in these Terms of Sale is intended to affect or limit these legal rights or other rights to which you may also be entitled, for example to damages. For more information about your legal rights please contact your local Citizens Advice Service or Trading Standards Service.
Our liability for any losses, damage or costs you suffer as a result of us failing to comply with these Terms of Sale is strictly limited to any losses, damage or costs which are a foreseeable consequence of such failure. Loss, damage or a cost 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.
We are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any event which is outside of our control (for example, an act of God, governmental act, war, pandemic, fire, adverse weather conditions including snow, flood or storm, explosion or civil commotion, failure of a third party (other than our sub-contractors) or in information technology or telecommunications services, or industrial action). In the event of a significant delay or failure, we will contact you and take reasonable steps to minimise the effect of the delay or failure. If you are unhappy with a delay which affects your order, you may cancel the order and receive a refund for any products you have paid for but not received by contacting us. If you subsequently receive your order after cancelling it and getting a refund, you must let us know and allow us to collect the products you have received.
We will not be liable to you or to any third party for any loss, damage or costs which arise as a result of:
Nothing in these Terms of Sale shall affect our liability for death or personal injury arising from our negligence, for fraud, or any other liability which cannot be excluded or limited under applicable law.
If you have any questions regarding orders or any general enquiries please do let us know by:
The Sphagnum Shop Ltd, 5 Bankside, Hanborough Business Park, Long Hanborough, Oxfordshire, OX29 8LJ.
Use of the Site
You agree to use the Site only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else's use and enjoyment of the Site.
Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site without notice.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms and that they comply with them.
Intellectual Property Rights
All present and future copyright, design rights, unregistered designs, database rights, registered and unregistered trade marks (including The Sphagnum Shop trade mark) and any other present and future intellectual property rights and rights in the nature of intellectual property rights existing in and to the Site including content published on them such as text, graphics, logos, banners, images, buttons, underlying source code and software, are owned by us or the applicable licensor. Nothing in these Terms shall be construed as an assignment to you of any such intellectual property rights.
Any use (including copying, reproduction, duplication, transmission, or display of the content of this website, without our express written permission) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.
Permission is granted to electronically copy, and to print in hard copy, portions of the Site for the sole purpose of placing an order with us or using the Site as a shopping resource.
Privacy and data protection
We have taken all reasonable care in the preparation of the content of the Site. However, to the extent permitted by applicable law, we do not make any representations, warranties or terms of any kind in respect of the Site or its contents (including, without limitation, its accuracy or any views or comments made). Access to and use of the Site and content on the Site is entirely at your own risk. We accept no liability for viruses or other device contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading content from the Site.
We expressly exclude, to the fullest extent permitted by law, all liability of The Sphagnum Shop, its directors, employees and other representatives, howsoever arising, for any loss or damage suffered as a result of your (i) use of, or inability to use, the Site; or (ii) use of or reliance on any content displayed on the Site.
All content, text and graphics on the Site, unless specified, are directed solely at those who access the Site from the United Kingdom .We make no representation and will not be held liable for any use of the Site by individuals who access the Site from other locations.
Information transmitted via the Site will pass over public telecommunication networks. We make no representation or warranty that the operation of the Site will be uninterrupted or error free and we will not be liable to you if for any reason the Site are unavailable at any time or for any period or if there are any errors.
The Site may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience only. We are not responsible for and do not give any warranties or make any representations regarding any such websites and/or services, their content or your use of them.
Nothing in this section shall affect our liability for death or personal injury arising from our negligence, our liability for fraud, or any other liability which cannot be excluded or limited under applicable law.
This section does not:
Amendments to these Terms
We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements by amending this page without notice to you. You are expected to check this page from time to time to take notice of any changes made. Such changes will be effective as soon as they are posted on the Site. By continuing to use the Site or purchasing products or services from us, you agree to be bound by the terms of these updates and amendments.
Other important terms
These Terms are governed by the laws of England and the English courts shall have jurisdiction over any disputes arising under or in relation to them and any contract made under them.
If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Terms remain in full force and effect.
Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms without our prior written consent.
These Terms set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.
Last updated: December 24th 2020