Terms and Conditions of sale from Able Gardener

These Able Gardener conditions shall apply to all transactions between Able Products Ltd (The Company) and any person, firm or company (‘the Purchaser’) placing an order with Able Products for the supply of any goods (‘the Goods’). Able Products by accepting any order for Goods from the Purchaser agrees to sell and the Purchaser agrees to purchase such Goods at the price stated by Able Products and on the sole basis of the terms and conditions of Able Products stated herein.
Secure Online Payment
Able Products provides a secure payment system by utilising the services of SECPay Ltd for all online payments. Payments can be submitted online using protocol 128 bit SSL (Secure Socket Layer). The private data of the Purchaser will be encrypted at all times whilst in transit over the Internet. The Purchaser should see a solid padlock in their browser status bar, which indicates that the encryption is taking place. Credit card payments can be made using Visa, MasterCard, EuroCard, Delta, American Express, Switch and Solo.
Goods will only be despatched once payment has been received in full.
Retention of Title
Property in the Goods shall not pass until the full amount has been paid.
Delivery
Able Products will make every effort to despatch orders within 5 working days of receipt, subject to availability. During seasonal peak demand, despatch may take longer. Deliveries are sent via Royal Mail or by carrier. The standard prices listed are for Postal Service by Royal Mail and 48 hour service by carrier (Monday to Friday only) within the UK mainland. Delivery to the Scottish Highlands and outside the UK mainland may take longer, depending upon the destination. 
Standard postage/carriage and packing is charged at £5.45. 
Delivery outside of the UK mainland may incur a surcharge. You can order online as normal and we will contact you if necessary.
Able Products will use their reasonable endeavours to deliver goods promptly but accept no liability for any delay in delivery for any cause. For orders shipped by carrier the carrier will attempt delivery and if the recipient is not at home the carrier will leave a card stating they will return the next working day or will leave the parcel in a safe place, sometimes at the nearest Post Office.  If the recipient is still not at home the carrier will leave a card with written instructions asking them to contact their local depot to arrange collection of their order. If there has been no response after 2 working days, the goods will be returned to Able Products. The Purchaser will then incur a delivery charge at twice the original value to cover the return and re-delivery charge. For orders sent by Royal Mail, if delivery is not successful on the first day, a card will be left asking the recipient to contact a number to arrange delivery or collection from the nearest depot. If there has been no response after 7 working days, the goods will be returned to Able Products. The Purchaser will then incur a delivery charge at twice the original value to cover the return and re-delivery charge.
The Purchaser may incur additional import duties and custom charges levied by local customs against orders despatched to addresses outside the United Kingdom. These are levied at the port of ingress on a consignment-by-consignment basis and the Company cannot predict if they will be charged or influence if and how they may be levied.
Substitutions
Able Gardener reserves the right to substitute items of similar or greater value within the Gift Baskets, if for any reason those listed on the website are unavailable.
Cancellations
The Purchaser may cancel an order prior to despatch by telephoning +44 (0) 1738 639222 fax +44 (0) 1738 621177 or email sales@ablegardener.co.uk quoting the order reference number. Able Products will refund the Purchaser's credit card for the full amount within 2 working days if the goods have not been despatched. If your order has been despatched, please simply return your purchases to us in the normal way for a full refund on the goods.
Returns
Should you not be completely satisfied with your Able Products purchases, for any reason, simply return them unused in the original packaging, with all documentation, within 14 days, and we will be happy to refund or replace your purchases. Please note that the customer is responsible for the return postage or carriage charges. The customer should obtain a proof of shipment for their records. If you no longer have the original outer packaging, please contact sales@ablegardener.co.uk and we will send you a returns label and suitable packaging to return your purchases. 
Exchange
Should you wish to exchange any part of your order, simply return the item/items to us within 14 days clearly stating that you would like an exchange. Please note that the customer is responsible for the return postage or carriage charges. The customer should obtain a proof of shipment for their records. If you no longer have the original outer packaging, please contact sales@ablegardener.co.uk and we will send you a returns label and suitable packaging to return your purchases. Our standard delivery charge will apply to replacement items.
Complaints/Customer Service
The Purchaser should notify Able Products immediately of any problems by telephone +44 (0) 1738 639222 fax +44 (0) 1738 621177 or email sales@ablegardener.co.uk.  Complaints are taken very seriously by Able Products and will be dealt with within 5 working days, although most complaints can be corrected within a few hours. Our operating hours are from 0900am GMT to 1700pm GMT, Monday to Friday.
Damaged Goods
If the Goods are damaged, the Purchaser should contact Able Products within 3 days of receipt of the goods. Damaged goods should be returned to Able Products Ltd, Kilda Way, Perth, PH1 3XS, suitably packaged. If you no longer have the original outer packaging, please contact sales@ablegardener.co.uk and we will send you a returns label and suitable packaging to return your purchases. Able Products will replace or refund the items concerned, plus the cost of the return postage.
Insurance
Liability insurance is automatically included by Able Products on all Goods ordered.
Force Majeure
Able Products will exercise every reasonable effort to meet the requested despatch date. Able Products shall not, however, be liable for any loss or damage due to delays or failure to ship resulting from any cause beyond its reasonable control, such as but not limited to securing necessary export licences, compliance with laws or regulations, acts of God, acts or omissions of the Purchaser, acts of civil or military authority, judicial action, defaults of sub-contractors or suppliers, labour disputes, failure or delays in transportation, embargoes, wars or riots.
Online Presence
No warranty is given by Able Products that their web site will be constantly online or free of defects and errors at any time.
Privacy Policy
Able Products collects the information provided by the Purchaser at the time of ordering and uses this information lawfully and in accordance with the Data Protection Act 1998. Information is collected by Able Products to process the Purchaser’s order and also to provide the highest level of customer service possible. Able Products will not email marketing material to the Purchaser unless prior consent has been obtained.
Jurisdiction
These terms and conditions shall be governed by and construed in accordance with Scottish Law and the Purchaser hereby agrees to be subject to the jurisdiction of the Scottish Courts.
Statutory Rights
Nothing contained in these Terms and Conditions of Sale affects or will affect the statutory rights of the Purchaser or the Recipient in relation to the quality, fitness or description of the goods supplied.