1.1 This website is owned and operated by Always Greener Limited trading as ‘Sugihara’. We are registered in the UK (technically “England & Wales”) under number 5260623. Our registered office is at 11 Holt Place, Coach House Mews, Ferndown, Dorset BH22 9UX, England. Our trading address is Always Greener Ltd, Unit 2, Brookside Farm, Agars Lane Silver Street, Hordle, Hants, SO41 0FL.
1.2 These terms and conditions apply when you buy any goods via this site or otherwise use this site.
1.3 You are not eligible to buy any goods via this site if
1.3.1 you are below the legal age to form a binding contract with us (unless you have the consent of your parent / guardian); or
1.3.2 it is unlawful for you to buy or use the goods in, or import them into, your country.
1.4 The goods available on our site are inherently dangerous items. By buying these goods, you are making a promise to us that you have an appropriate level of training, qualifications, skill and experience in the use of these goods. Otherwise you must not buy the goods.
1.5 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
1.6 We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases made after the effective date shown above.
2 Right to cancel under “Distance Selling Regulations”
2.1 If you are a consumer (ie acting for purposes outside a business), you have the right (ending 7 working days following the day after delivery of goods) to cancel the contract by using the form on our contact page or any of the other methods specified in Distance Selling Regulations in which case we will refund the price paid for the goods plus delivery charges attributable to the cancelled item. You are required to take reasonable care of items. If you cancel, you must return the goods to Sugihara, Always Greener Ltd, Unit 2, Brookside Farm, Agars Lane Silver Street, Hordle, Hants, SO41 0FL at your expense. We will charge you the direct costs of recovery if you do not comply or if you return them at our expense. (This paragraph does not apply to goods to which the right of cancellation under the Distance Selling Regulations does not apply including goods which by their nature cannot be returned or which are made to your specifications or are clearly personalised or are liable to deteriorate or expire rapidly or audio or video recordings or software if unsealed or to newspapers, periodicals or magazines.)
2.2 Your above rights under the Distance Selling Regulations are not affected by any separate returns policy on our website.
3 Payment and price
3.1 Payment is in advance by the means stated on our website. We will only process payments if we obtain authorisation from our payment partner.
3.2 The price for the goods you order is as stated on our site at the time you send us your order. VAT or sales tax is not included in advertised prices and will be added at checkout.
3.3 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you don’t, we will provide a full refund of any payments already made.
3.4 Delivery costs are charged extra at the rate shown on our site when you place your order. These will depend on the delivery method chosen. NB The delivery charges do not include customs or import duties which may be applied to your order by the relevant authorities. It is your separate responsibility to pay for these.
4 Your order
4.1 Your order is an offer to buy from us.
4.2 You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.
5 Acceptance / unavailability
5.1 There will be no binding contract of any kind between you and us unless and until we actually despatch the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say will amount to acceptance of your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
6.1 We will only arrange for delivery once we have received full payment in cleared funds. Delivery will be to the address which you specify when ordering.
6.2 We will do our best to arrange delivery within the time specified on our website or, if none, a reasonable period . We are not liable for late delivery to the extent that this is due to circumstances beyond our reasonable control.
6.3 An extra delivery charge may become payable if no-one is present to accept delivery and either you haven’t provided alternative delivery instructions or else you don’t collect the item from a holding depot within 7 days.
6.4 Risk of damage or loss to the goods passes to you on delivery or if you wrongfully refuse delivery when delivery is attempted.
7 Faulty or misdescribed goods
7.1 In the case of faulty or misdescribed goods, please email us with the details as soon as possible. If the goods are in fact faulty or misdescribed we will make arrangements with you for return of the goods to us and will provide a refund.
8 Our responsibility to you
8.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
8.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
8.3 We are not responsible for any loss or damage where:
8.3.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
8.3.2 such loss or damage was not reasonably foreseeable by both parties;
8.3.3 such loss or damage is caused by you, for example by not complying with this agreement; or
8.3.4 such loss or damage relates to a business.
9 Your responsibility to us
9.1 You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
10 Intellectual property rights
10.1 All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our partners or suppliers. For the purposes of your personal non-commercial use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
11 Information on our website
11.1 The videos or other information which we make available on our site or elsewhere are intended as general information which may be of interest. We cannot guarantee that the information is accurate or up to date. The information is not intended as professional or other advice. Nor is it intended to be a substitute for possession of an appropriate level of training, qualifications, skill and experience in the use of these goods. You rely on such information at your own risk.
12 Reviews on our site
12.1 If we allow you to upload any reviews, comments or other content to this website, you must ensure that they are accurate, that they comply with all applicable laws, regulations and codes of conduct and that they do not infringe any third party intellectual property or other rights. Also, your content must not be defamatory, offensive, vulgar, racist, abusive, invasive of another’s privacy or similarly inappropriate.
12.2 We reserve the right without notice or refund to reject, suspend, alter, remove or delete any content or to disclose to the relevant authorities any such content if it is the subject of complaint or where we have reasonable grounds for believing that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant content.
13.1 If we enable you to create an account on our site, you acknowledge that this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
14 Availability of our site
14.1 We cannot guarantee that our site will be uninterrupted or error-free. We are entitled without notice to suspend the site for repair, maintenance, improvement or other technical reason.
15 Third party websites
15.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.
16 “Act of God”
16.1 Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control.
17 English law
17.1 These T&Cs shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
18.1 Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it can’t be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
19.1 If you have any complaints, please contact us for our complaints procedure via the contact details shown on our website or write to our address shown at the start of these T&Cs.