Terms and Conditions with Customer Information (UK)

Seller Information

Seller: Tomasz Wojs (Sole Trader)

Business address:
Garden-Aches
Haus A, 1. Stock Edisonstraße 63
12459 Berlin
Deutschland

VAT number: PL7343064345

Contact: info@garden-arches.com / +44 2045770301

Table of Contents

1. Scope
2. Formation of Contract
3. Right to Cancel (Cooling-Off Period)
4. Prices and Payment
5. Delivery and Shipping (UK Only)
6. Title (Ownership)
7. Faulty Goods & Consumer Rights
8. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Governing Law and Jurisdiction
11. Alternative Dispute Resolution (ADR)

1) Scope

1.1 These Terms and Conditions (“Terms”) apply to all contracts for the supply of goods (“Goods”) made between Tomasz Wojs, trading as “Rosenbogen-Gartenkunst” (the “Seller”, “we”, “us”) and any customer (the “Customer”, “you”) via our online shop.

1.2 If you are buying as a Consumer, you have statutory rights under UK consumer law. Nothing in these Terms limits or removes those rights.

1.3 A Consumer is an individual acting for purposes wholly or mainly outside their trade, business, craft or profession. A Business Customer is any person or entity acting in the course of business.

1.4 These Terms also apply to voucher contracts unless stated otherwise in Sections 8–9.

2) Formation of Contract

2.1 Product listings on our website are an invitation to treat and do not constitute a binding offer.

2.2 You place an order by adding items to your basket and completing checkout. By submitting your order, you make an offer to purchase the Goods.

2.3 A contract is formed when we accept your order by sending an order confirmation email and/or when we dispatch the Goods (depending on how our checkout is configured). If we cannot accept your order, we will inform you and you will not be charged (or we will refund you promptly if already charged).

2.4 We may refuse or cancel an order in reasonable circumstances (e.g. stock unavailability, pricing errors, suspected fraud).

2.5 Keep your order confirmation for your records.

2.6 The contract language is English unless we explicitly agree otherwise in writing.

3) Right to Cancel (Cooling-Off Period)

3.1 If you are a Consumer, you generally have the right to cancel your contract within 14 days without giving any reason. The cancellation period ends 14 days after the day you (or a person you nominate) receive the Goods. (Consumer Contracts Regulations 2013).

3.2 To cancel, you must clearly inform us of your decision (for example by email). You may use wording such as: “I hereby give notice that I cancel my contract of sale of the following goods: [order number].”

3.3 Return after cancellation: If you cancel, you must send the Goods back within 14 days of telling us you have cancelled, unless we agree to collect them.

3.4 Refunds: If you cancel, we will refund payments received from you (including the standard cost of delivery) within 14 days of receiving the Goods back or receiving evidence that you have sent the Goods back (whichever is earlier). We may reduce the refund if the Goods show signs of handling beyond what is necessary to establish their nature, characteristics and functioning.

3.5 Return costs: Unless we state otherwise on the product page or at checkout, you are responsible for the cost of returning Goods.

3.6 Made-to-order / personalised goods (important): The 14-day cancellation right does not apply to the supply of Goods that are made to the Consumer’s specifications or are clearly personalised (CCR 2013, reg. 28). :contentReference[oaicite:2]{index=2}

3.7 How we handle made-to-order orders: If you request a made-to-order variation (for example custom colour / special finish / custom specification) you must do so by email. We will confirm in writing (email) whether the order is treated as made-to-order and whether the cancellation right is excluded. Production typically starts only after our written confirmation and, where applicable, your written approval.

3.8 Nothing in this section affects your rights if the Goods are faulty or not as described (see Section 7).

4) Prices and Payment

4.1 Prices are shown in GBP (£). Prices include VAT where applicable. Delivery charges (if any) are shown before you place your order.

4.2 We accept payment methods displayed at checkout, including PayPal and Stripe.

4.3 If you pay via PayPal, payment processing is handled by PayPal under PayPal’s terms.

4.4 If you pay by card via Stripe, payment processing is handled by Stripe. Stripe may carry out checks and may refuse transactions according to its policies.

5) Delivery and Shipping (UK Only)

5.1 We deliver to UK addresses only, as shown at checkout. Delivery times shown are estimates.

5.2 For large or heavy items delivered by carrier or freight, delivery may be kerbside / curbside (i.e. to the nearest accessible point at street level) unless stated otherwise on the product page or at checkout.

5.3 If delivery fails due to incorrect information provided by you or because you do not accept delivery, you may be liable for reasonable re-delivery or storage costs.

5.4 Risk: For Consumers, risk passes when the Goods come into your physical possession (or that of a person you nominate). If you arrange your own carrier (not offered by us), risk may pass when the Goods are handed over to that carrier.

5.5 If we cannot supply the Goods (or part of them), we will inform you and refund any amounts paid for unavailable items.

6) Title (Ownership)

Ownership of the Goods remains with us until we have received payment in full for the Goods.

7) Faulty Goods & Consumer Rights

7.1 If you are a Consumer, the Goods must be as described, fit for purpose, and of satisfactory quality. If they are not, you may have statutory remedies under the Consumer Rights Act 2015. :contentReference[oaicite:3]{index=3}

7.2 Short-term right to reject: If Goods are faulty, you may have the right to reject them and receive a refund within 30 days of delivery (subject to legal conditions). :contentReference[oaicite:4]{index=4}

7.3 Repair or replacement: After the initial period, you may be entitled to a repair or replacement. If that is not possible or fails, you may be entitled to a price reduction or a final right to reject (a refund may be reduced to reflect use in some cases). :contentReference[oaicite:5]{index=5}

7.4 Reporting damage: Please inspect Goods on delivery and report visible transit damage as soon as reasonably possible. This does not affect your statutory rights.

7.5 If you are a Business Customer, different rules may apply and remedies may be limited to repair, replacement, or refund at our discretion to the extent permitted by law.

8) Redemption of Promotional Vouchers

8.1 Promotional vouchers issued free of charge as part of marketing campaigns (“Promotional Vouchers”) may be used only in our online shop and only during the validity period stated on the voucher.

8.2 Some products may be excluded from voucher promotions as stated in the voucher terms or at checkout.

8.3 Promotional Vouchers must be redeemed before completing checkout and cannot be applied retrospectively.

8.4 Unless stated otherwise, only one Promotional Voucher may be used per order.

8.5 Promotional Vouchers have no cash value and are non-refundable. Where Goods are returned, voucher treatment will follow the voucher terms and applicable law.

9) Redemption of Gift Vouchers

9.1 Gift vouchers purchased from our online shop (“Gift Vouchers”) can be redeemed in our online shop unless stated otherwise.

9.2 Gift Vouchers are valid for the period stated at purchase. If no period is stated, please contact us for current validity rules.

9.3 Gift Vouchers must be redeemed before completing checkout and cannot be applied retrospectively.

9.4 Multiple Gift Vouchers may be used in one order unless stated otherwise.

9.5 Gift Vouchers cannot be exchanged for cash and do not accrue interest.

9.6 Gift Vouchers are transferable. We may treat the holder of the voucher as the entitled user unless we have reason to believe otherwise.

10) Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. If you are a Consumer, this choice of law does not deprive you of the protection of mandatory consumer laws of the country where you usually live.

11) Alternative Dispute Resolution (ADR)

11.1 If you are unhappy with how we have handled a complaint, you may wish to consider Alternative Dispute Resolution (“ADR”). In certain circumstances, traders must provide consumers with information about ADR and an ADR entity. :contentReference[oaicite:6]{index=6}

11.2 Unless we state otherwise, we are not obliged to participate in ADR and we do not commit to doing so. If we decide to use ADR for a specific dispute, we will inform you of the ADR provider and process.

© Rosenbogen-Gartenkunst – Tomasz Wojs (Sole Trader)
Garden-Aches, Haus A, 1. Stock Edisonstraße 63, 12459 Berlin, Deutschland
VAT: PL7343064345