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Terms & Conditions

TERMS AND CONDITIONS

OVERVIEW

This website is operated by Tates of Pyecombe Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Tates of Pyecombe Ltd. Tates of Pyecombe Ltd. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new products, features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your county, state or province of residence, or that you are the age of majority in your county, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries or reviews) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.In no case shall Tates of Pyecombe, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Tates of Pyecombe and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Brighton Road, Hassocks, ENG, BN6 9LY, United Kingdom.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – TATES CUSTOMER SURVEY TERMS AUTUMN 2021 – WIN £200 OF TATES GIFT VOUCHERS.

The prize draw consists of Tates garden centre gift vouchers to the value of £200. Entry will occur automatically on completion of all questions in the survey. One entry per person. The survey will close on Sunday 28th November 2021. The winner will be randomly selected after this date and contacted by email within 14 days of the closing date. The prize will be sent out via Royal Mail or made available for collection at the customer’s local store until 31st January 2022. The prize is non-exchangeable, non-transferable and no cash alternative is offered. Email addresses provided for entry into the prize draw will not be used for any other purpose and will be deleted on or before 15th December 2021.

SECTION 21 – PARADISE PARK ANNUAL PASS GIFT CARD/VOUCHER

Paradise Park Annual Pass Gift Cards and/or Vouchers purchased through this website are subject to the following terms and conditions.

Paradise Park Anual Pass vouchers or giftcards are for the attractions at Paradise Park. They cannot be replaced if lost or damaged. Photocopies will not be accepted. We offer no cash alternative.

A single voucher or gift card is only valid for a single annual park pass. Vouchers and gift cards for the attractions at Paradise Park are valid for one year from the date of issue. For more information please see https://www.paradisepark.co.uk.

SECTION 22 – GIFT CARD AND VOUCHER TERMS

  1. Tates of Sussex Garden Centre Gift Cards can be used to purchase goods from any Tates of Sussex Garden Centre or online at www.tatesofsussex.co.uk.
  2. Garden Gift Cards are valid for 24 months from date of issue. 
  3. Afternoon Tea for two and Cream Tea for two gift cards are valid for 12 months from the date of issue.
  4. Gift Cards cannot be used after the expiry date and any remaining balance will be removed and the card will become invalid and no longer available for use. It is your sole responsibility to ensure that any balance is used in full prior to expiry.
  5. Gift Cards cannot be redeemed for cash or redeemed against the purchase of another Gift Card.
  6. A Gift Card expires automatically once its balance has been exhausted. A Gift Card cannot be topped up with additional funds. A new gift card must be purchased.
    7. You can perform a balance enquiry at any Tates of Sussex Garden Centre by taking your card to the till point.
  7. Gift cards cannot be replaced if lost or damaged. You are solely responsible for the safe keeping and security of your gift card. Tates of Sussex Garden Centres cannot be held responsible for the any balance lost on a gift card as a result of theft or fraud. 
  8. Use of your gift card constitutes acceptance of the card terms and conditions. 
  9. Tates of Sussex Garden Centres reserves the right to update and change the terms and conditions of gift cards at any time. It is your responsibility to check the gift card terms from time to time to ensure you are aware of any changes which may have been made.
  10. Afternoon Tea and Cream Tea Gift cards can be redeemed subject to availability. Afternoon Tea must be booked in advance.

SECTION 23 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at webenquiries@tatesofsussex.co.uk.

SECTION 23 – TATES REWARDS LOYALTY APPLICATION

Tates Rewards Terms & Conditions

By registering and participating in the Tates Rewards Programme, you confirm that you agree to our Terms and Conditions. Please read these Terms and our Privacy Policy carefully before joining Tates Rewards. 

We take the privacy of your data very seriously and will use your data in the following way while you are a member of Tates Rewards:

  • Depending on the marketing preferences you selected when you joined Tates Rewards, we may contact you by post, email, mobile phone text messaging or telephone with communications related to Tates of Sussex. If you would prefer us not to use any of these communication methods, please let us know.
  • In order to tailor our marketing messages to you, we may use your previous purchase history obtained when you shop with us. We may use your date of birth to send you a treat on your birthday.
  • We will never sell your data to other parties but we may use experts to analyse spend data across departments to further help us to support you. Any data would not include individual names. 

Terms & Conditions:

1. Tates Rewards is promoted by Tates of Pyecombe Ltd T/A Tates of Sussex Garden Centres. Registered Offices: Tates Administration Offices, Avis Road, Newhaven, BN9 0DH.

2. You must be 18 or over and resident in the UK to join Tates Rewards.

3. All relevant sections of the registration form must be completed in full before you can sign up to Tates Rewards.

4. Members are only permitted to hold one Tates Rewards account.

5. Rewards can only be redeemed by the named member of Tates Rewards.

6. Tates Rewards is open to individuals only and is not available to members of a group or club. Offers are not transferable or resalable.

7. Tates Rewards vouchers or coupons are valid only for the dates specified and will not be valid after this date. 

8. All products and services featured as part of Tates Rewards are subject to availability and prices in store or online may vary.

9. Any benefits, offers, rewards or prizes earned are not exchangeable for cash, gift vouchers, or any other excluded category of products, and can only be used as explained on the voucher.

10. Promotional coupons or offers cannot be used in conjunction with any other offer in store unless otherwise stated.

11. Promotional coupons or offers can only be used on the products stated, they cannot be used on any other products even if they have the equivalent value.

12. Particular rewards or offers may have their own particular terms & conditions. By taking up any such offer, you are agreeing to these Terms & Conditions, which can be viewed on our website.

13. Tates of Sussex reserves the right to cancel Tates Rewards and any benefits attributed to it at any time, by giving 3 months’ notice. In respect of any unused offers, Tates of Sussex will honour these offers in conjunction with the expiry date of that individual offer.

14. Tates of Sussex reserves the right to substitute prizes or rewards in the event of circumstances outside its control.

15. Tates of Sussex reserves the right to vary the level/value of prizes or benefits at any time and without notification.

16. Any benefits, offers, rewards or prizes earned are not exchangeable for cash, gift vouchers, or any other excluded category of products and can only be used as explained on the voucher.

17. You can terminate your account at any time by contacting us. 

18. If no transaction occurs in any 12 month period, we may terminate your account at our discretion. 

19. Tates of Pyecombe Ltd cannot be held responsible for any loss of vouchers incurred as a result of out of date details, or for delayed or undeliverable mail, email or SMS.

20. All physical Tates Rewards cards remain the property of Tates of Sussex and the cardholder shall return the card if requested by Tates of Sussex.

21. Lost cards can be replaced by contacting us, subject to an administration fee. 

22. Tates of Sussex is not responsible for any errors resulting from fraudulent use of the app or card, or the inability to receive or redeem vouchers.

23. Tates of Sussex reserves the right to terminate Tates Rewards at any time by giving three months’ notice of its intention to do so. Any such notice will be posted on the Tates of Sussex website, tatesofsussex.co.uk.

24. Nothing in the terms & conditions shall limit or exclude Tates of Sussex’s liability or for any other liability the exclusion or limitation of which is not permitted by law (nothing in the Terms & Conditions affects your statutory rights).

25. Tates of Sussex is committed to protecting your privacy. Your personal information is collected and processed only in accordance with the administration of Tates Rewards and to contact you for the purpose as described in this application. Click here to see our Privacy Policy.

26. Tates of Sussex adheres to the General Data Protection Regulations 2018.

27. See our website for the most up to date Terms & Conditions for Tates Rewards