1 THESE TERMS
1.1 These are the terms and conditions on which we supply our Dig Instant pre-planned bed designs, planters, pots and/or any other goods (such as plants, compost or tools) to you. These terms will also apply if you purchase any of our Dig Bespoke garden design services.
1.2 Please read these Terms carefully before you submit your Order to us. These Terms tell you who we are, how we will provide our Dig Products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. Any capitalised terms used in this document shall be as defined in clause 2 below.
1.3 You can contact us via Instagram or Twitter, by emailing us at email@example.com or by writing to us at Dig Club Ltd, 37 Eland Road, London, SW11 5JX.
1.4 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.
2.1 In these Terms, the following words will have the following meanings:
2.1.1 “Contract” means the contract between us and you for the supply of Dig Products in accordance with these Terms.
2.1.2 “Designs” means any designs, plans, plant lists, drawings, documents, illustrations or other materials provided by us to you as part of the Services.
2.1.3 “Dig Bespoke Designs” means any bespoke garden design services, including any Designs, provided by us to you as set out in the Order.
2.1.4 “Dig Instant Beds” means any pre-planned bed designs, planters, pots and/or other goods (such as plants, compost or tools), including any planting or care guide or instructions (as further detailed in clause 4.4 ), provided by us to you as set out in the Order.
2.1.5 “Dig Products” means any of our Dig Instant Beds and/or Dig Instant Services.
2.1.6 “Order” means your order for the supply of any Dig Products submitted via our Website or otherwise.
2.1.7 “Terms” means these terms and conditions as amended from time to time.
2.1.8 “Website” means our website at www.digclub.co.uk or such other website made available by us to you from time to time.
2.1.9 “we”, “us” or “our” means Dig Club Ltd, a company registered in England and Wales with company number 13347761 whose registered office is at Acuity Law Limited 3 Assembly Square, Britannia Quay, Cardiff Bay, United Kingdom, CF10 4PL.
2.1.10 “writing” or “written” includes emails.
2.1.11 “you” or “your” means the individual who purchases Dig Products from us.
3 OUR CONTRACT WITH YOU
3.1 Our acceptance of your Order will take place when we email you to accept it, at which point the Contract will come into existence between you and us.
3.2 If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Dig Products you have ordered. This might be because any Dig Instant Beds you have ordered are out of stock or out of season, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Dig Products you have ordered or because we are unable to meet a delivery deadline you have specified.
3.3 We will assign an Order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the Order number whenever you contact us about your Order.
3.4 Although our reach is expanding all the time, we are currently only accepting Orders from certain London postcodes. Details of the postcodes that we currently serve are set out on our Website. We reserve the right not to accept any Order from an address in a location that we do not currently serve.
4 OUR DIG INSTANT BEDS
4.1 All specifications, sizes and other descriptions of any Dig Instant Beds, particularly any plants, on our Website are approximate only and are intended to serve as a guide.
4.2 The images of the Dig Instant Beds, particularly any images of plants, on our Website are for illustrative purposes only. We cannot guarantee that every image accurately reflects the true colour of the Dig Instant Beds, particularly any plants as this may be dependent on a variety of factors including the season and type of plant.
4.3 The packaging of the Dig Instant Beds may vary from that shown in images on our Website.
4.4 We may also supply you with a planting and care guide for any plants included in the Dig Instant Beds you have ordered. Any such guide is only intended to provide suggested best practice instructions for caring for such plants. We recommend that you read the guide in full and follow the instructions in the guide when caring for your plants. We will not be liable for any damage or loss caused to any of your Dig Instant Beds as a result of you following or failing to follow the instructions in any such guide.
5 OUR DIG BESPOKE DESIGNS
5.1 All specifications, sizes and other descriptions contained in the Designs are approximate only and are intended to serve as a guide.
5.2 If we are providing the Dig Bespoke Designs based on measurements you have given us, you are responsible for ensuring that these measurements are correct.
5.3 If you purchase Dig Bespoke Designs from us, unless we agree otherwise, such Dig Bespoke Designs (and the price paid by you for such Dig Bespoke Designs) will only include the provision by us of consultancy design services and the supply to you of the Designs. Such Dig Bespoke Designs will not include the provision of:
5.3.1 any plants or other goods specified in the Designs. If we subsequently agree to supply you with any plants or other goods specified in the Designs, the clauses of these Terms relating to the supply of Dig Instant Beds shall separately apply to the provision of such plants or other Dig Instant Beds to you; and/or
5.3.2 any landscaping or other works required in order to implement the Designs (“Works”). Any such Works will be your responsibility (or the responsibility of any third party that you engage to provide and/or carry out such Works) and we will not be responsible or liable to you for any such Works.
6 YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Dig Products you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Dig Products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel your Order (see clause 10 – Your rights to cancel).
7 OUR RIGHTS TO MAKE CHANGES
7.1 We may change any of the Dig Products:
7.1.1 to reflect changes in relevant laws and regulatory requirements; and/or
7.1.2 to implement or make minor technical adjustments, improvements or substitutions. For example, if certain plants are not available then we may substitute them with plants of the same type but a different version. These changes will not affect your use of the Dig Products.
7.2 In addition, we may make more significant changes to the Dig Products and/or to these Terms, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Dig Products paid for but not received.
8 PRICE AND PAYMENT
8.1 The price of the Dig Products you have ordered (which includes any VAT (if applicable), unless otherwise stated) will be the price indicated on the Order pages when you place your Order. We take all reasonable care to ensure that the price of the Dig Products advised to you is correct. However please see clause 8.5 for what happens if we discover an error in the price of the Dig Products you have ordered.
8.2 The price of the Dig Instant Beds does not include the price for delivery of such Dig Instant Beds, the costs of which (if any) will be as displayed to you on our Website.
8.3 The price of the Dig Bespoke Designs does not include the price of providing any of the plants or other goods specified in the Designs, or of providing the Works, as further detailed in clause 5.3 above.
8.4 If the rate of any VAT chargeable changes between your Order date and the date we supply the Dig Products to you, we will adjust the rate of VAT that you pay, unless you have already paid for the Dig Products in full before the change in the rate of VAT takes effect.
8.5 It is always possible that, despite our best efforts, some of the Dig Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order.
8.6 We accept payment by credit or debit card or any other payment methods stipulated on the Order pages when you place your Order.
8.7 Where you order Dig Instant Beds, you must pay for them and any applicable charges for delivery, in full, at the time of placing the Order.
8.8 Where you order Dig Bespoke Designs, you must pay for them before we start providing them.
8.9 If you do not make any payment to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
9 DELIVERY AND SUPPLY OF SERVICES
9.1 The costs of delivery of any Dig Instant Beds will be as displayed to you on our Website.
9.2 During the Order process we will let you know when we will provide the Dig Products you have ordered to you. As a general guide, where you have ordered Dig Instant Beds, we will aim to deliver the Dig Instant Beds to you within two weeks of receipt of your payment. However, this may not always be possible, for example due to stock or resource constraints. In such circumstances, we will notify you of any such delays and the expected delivery date for the Dig Instant Beds.
9.3 If our supply of the Dig Products is delayed by an event outside our control (including, but not limited to, any delays caused by COVID-19) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Dig Products you have paid for but not received.
9.4 We will deliver the Dig Instant Beds to the address stated on the Order. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery. An additional charge for any subsequent attempt to deliver the Dig Instant Beds may be made at our sole discretion.
9.5 If, after a failed delivery to you, you do not re-arrange delivery, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 11.2 will apply.
9.6 The Dig Instant Beds will be your responsibility from the time we deliver the Dig Instant Beds to the address you gave us in your Order. You will own the Dig Instant Beds once we have received payment in full for them.
9.7 We may need certain information from you so that we can supply the Dig Products to you. If so, this will have been stated in the description of the Dig Products on our Website or as otherwise notified to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Dig Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
9.8 We may have to suspend the supply of the Dig Products to:
9.8.1 deal with technical problems or make minor technical changes;
9.8.2 update the Dig Products to reflect changes in relevant laws and regulatory requirements; or
9.8.3 make changes to the Dig Products as requested by you or notified by us to you (see clause 7.2 ).
9.9 If we suspend the supply of the Dig Products, we will contact you in advance to tell you unless the problem is urgent or an emergency. We will also adjust the price so that you do not pay for the Dig Products while they are suspended. You may contact us to end the Contract for the Dig Products if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the Dig Products in respect of the period after you end the Contract.
9.10 Further, if you do not pay us for the Dig Products when you are supposed to (see clause 8 ) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Dig Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Dig Products in such circumstances. We will not charge you for the Dig Products during the period for which they are suspended. As well as suspending the Dig Products we can also charge you interest on your overdue payments (see clause 12.5 ).
10 YOUR RIGHTS TO CANCEL, RETURNS AND REFUNDS
10.1 We always aim to provide you with the best quality plants, goods and/or services and we hope that you will be fully satisfied with your Order. However, if you have any questions or complaints in relation to any Dig Products that you have ordered, please contact us using the details set out in clause 1.3 above.
10.2 Please ensure that you inspect any Dig Instant Beds as soon as possible after they have been delivered to you and notify us promptly of any issues. We may ask you to send us photos evidencing any such issues.
10.3 Your rights to cancel
10.3.1 We are under a legal duty to supply goods that are in conformity with this Contract. If what you have bought is faulty or misdescribed, you may have a legal right to end the Contract (or to get the Dig Instant Beds repaired or replaced or the Dig Bespoke Designs re-performed or to get some or all of your money back). Nothing in these Terms will affect your legal rights.
10.3.2 You also have the right to end the Contract in the following circumstances, in which case the Contract will end immediately and we will refund you in full for any Dig Instant Beds and/or Dig Bespoke Designs which have not been provided and you may also be entitled to compensation:
10.3.2.1 we have told you about an upcoming change to the Dig Instant Beds and/or Dig Bespoke Designs or these Terms which you do not agree to (see clause 7.2 );
10.3.2.2 we have told you about an error in the price or description of the Dig Instant Beds and/or Dig Bespoke Designs you have ordered and you do not wish to proceed;
10.3.2.3. there is a risk that supply of the Dig Instant Beds and/or Dig Bespoke Designs may be significantly delayed because of events outside our control; or
10.3.2.4 you have a legal right to end the Contract because of something we have done wrong.
10.4 To cancel the Contract with us, please contact us using the details set out in clause 1.3 above.
10.5 14-day cancellation right
10.5.1 Under consumer rights law, for most goods and services bought online you have the right to cancel your order within 14 days and receive a refund. However, please see clause 10.5.3 for certain exceptions to this right, which include where you have ordered plants or other goods that are likely to deteriorate or expire rapidly.
10.5.2 Subject to clause 10.5.3 below, the cancellation period for any goods ordered ends 14 days after the day on which such goods (or the last of such goods, where they are delivered separately) are delivered to you and the cancellation period for any services ordered ends 14 days after the Contract is entered into.
10.5.3 However, please note that the 14-day cancellation right referred to above does not apply in respect of:
10.5.3.1 any Dig Instant Beds that you have ordered which are liable to deteriorate or expire rapidly, such as plants or turf;
10.5.3.2 any Dig Instant Beds that you have ordered which are customised, bespoke or personalised;
10.5.3.3 any Dig Bespoke Designs which have been completed, even if the cancellation period is still running; or
10.5.3.4 any Dig Instant Beds that you have ordered which become mixed inseparably with other items after their delivery.
10.6.1 If you wish to exercise your legal rights to reject products, you must allow us to collect them from you. We will pay the costs of collection.
10.6.2 If you cancel the Contract for any reason after Dig Instant Beds have been dispatched to you or you have received them, you must allow us to collect them from you. Please contact us using the details set out in clause 1.3 to arrange collection.
10.6.3 We will pay the costs of return:
10.6.3.1 if the Dig Instant Beds are faulty or misdescribed;
10.6.3.2 if you are cancelling the Contract for any of the reasons set out in clause 10.3 ; or
10.6.3.3 if you are exercising your 14-day cancellation right.
In all other circumstances you must pay the costs of return.
10.6.4 If you are responsible for the costs of return and we are collecting the Dig Instant Beds from you, we will charge you the direct cost to us of collection.
10.7.1 We will refund you the price you paid for the Dig Instant Beds and/or Dig Bespoke Designs including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.7.2 If you are exercising your 14-day cancellation right:
10.7.2.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Dig Instant Beds, if this has been caused by your handling them in a way which would not
be permitted in a shop. If we refund you the price paid before we are able to inspect the Dig Instant Beds and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.7.2.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
10.7.2.3 In respect of Dig Bespoke Designs, we may deduct from any refund an amount for the supply of the Dig Bespoke Designs for the period for which it was supplied, ending with the time when you told us you wanted to exercise your 14-day cancellation right. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
10.7.3 We will make any refunds due to you as soon as possible. If you are exercising your 14-day cancellation right then your refund will be made within 14 days of your telling us you have changed your mind.
11 OUR RIGHTS TO END THE CONTRACT
11.1 We may end the Contract at any time by writing to you if:
11.1.1 you materially breach any term of this Contract;
11.1.2 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
11.1.3 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Dig Products; or
11.1.4 you do not, within a reasonable time, allow us to deliver the Dig Instant Beds to you.
11.2 If we end the Contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Dig Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
12 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Dig Instant Beds and/or Dig Bespoke Designs and for defective products under the Consumer Protection Act 1987.
12.3 We only supply the Dig Products for domestic and private use. If you use the Dig Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13 INTELLECTUAL PROPERTY RIGHTS
13.1 All intellectual property rights in or arising out of or in connection with the Dig products and the Designs will be owned by us.
13.2 We grant to you, or will procure the direct grant to you of, a personal licence to use the Designs solely for your domestic and private use. You must not sub-license, assign or otherwise transfer these rights to any third party or use them for any other purpose.
14 HOW WE MAY USE YOUR PERSONAL INFORMATION
15 OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Dig Products, we can still require you to make the payment at a later date.
15.6 These Terms are governed by English law and you can bring legal proceedings in respect of the Dig Products in the English courts.