Terms of service

TERMS OF SERVICE

This Website is owned by Madarch Cymru and is operated by Madarch Cymru. If you have any queries, please contact us:

Ffôn: +44 (0)7525495061 neu
email: cynan@yrarddfadarch.cymru neu
write to:
madarchcymru

Nanmor
Gwynedd
LL54 5DY

  1. TERMS AND CONDITIONS OF CONTRACT


In these Terms and Conditions (unless the context specifically requires otherwise) the following words have the following meanings:

Madarch Cyrmu means The Madarch Cyrmu Ltd. which has its registered address in Nanmor, Gwynedd.
"Contract" means the agreement between Madarch Cyrmu and the Buyer for the purchase of the items incorporating these

Terms and Conditions;
"Items" means the items supplied or procured by Madarch Cyrmu and purchased by the Buyer on the terms of the Contract, as detailed in the Order or on the

Website;
"Intellectual Property" means any and all trade marks, registered or unregistered design rights, UK or foreign designs, copyright, confidential information, business or trade names, database rights, capability, technology and other intellectual property rights (and any applications for these) whether registered or not in any country;

"Order" means the purchase order containing details relating to the items;


The "Buyer" means the person, firm, company or other organization that buys the items from Madarch Cyrmu


"Website" means any website operated by Madarch Cyrmu from time to time for the purpose of selling items.

  1. BASIS OF THE CONTRACT

2.1 These Terms and Conditions are incorporated into all Contracts by Madarch Cymru for the sale of the Items and are the only conditions on which Madarch Cymru will deal with the Buyer. All terms, conditions or other representations of the Contract are excluded, including any terms and conditions which the Buyer may suggest apply under any Contract and these Terms and Conditions shall prevail and govern the Contract to the complete exclusion of any express or implied terms (to the extent permitted by law).

2.2 By ordering Items using the Website, the Buyer agrees to be bound by these Terms and Conditions.

2.3 These Terms and Conditions do not affect the Buyer's statutory rights.

2.4 No statement, description, information, assurance or recommendation contained in any catalogue, price list, advertisement or communication or made orally by any agent, representative or employee of Yr Ardd Fadarch shall be construed in any way to differ from any of the terms and conditions under the Contract.

2.5 All illustrations contained on the Website are for illustrative purposes only and are intended only to provide a general description and/or overview of the Items described there and do not form part of the Contract.

2.6 Any written valuation, estimate and/or advertised price will be an invitation to negotiate and no binding contract will be created by placing an Order on the Website or otherwise.

2.7 All Orders made by the Buyer through the Website or otherwise constitute an offer to purchase the Items. Such an offer will not be considered to be accepted by Madarch Cymru until it has sent a delivery confirmation to the Buyer. Any acknowledgment of the Order sent by Madarch Cymru to the Buyer whether verbally or in writing will not constitute acceptance of the Buyer's offer.

2.8 The Contract will only apply to those whose delivery has been confirmed by Madarch Cymru in their confirmation of delivery. Madarch Cymru will have no duty to supply any other Items that may have been part of the Order until the delivery of such Items has been confirmed in a separate delivery confirmation.

2.9 A reference to any statutory act or provision includes a reference to the statutory act or provision as amended, extended or re-enacted from time to time.

2.10 Madarch Cymru has full right to vary these Terms and Conditions from time to time and at its own discretion for any reason including, but not limited to, changes in market conditions; changes in technology; changes in payment methods; changes in relevant laws or legislative requirements and changes in the capabilities of its systems.

  1. STATUS OF CUSTOMERS

By placing an order through our site, the Buyer ensures that he/she:

3.1 legally able to enter into a binding contract; and

3.2 is at least 18 years old.

  1. ACCURACY OF THE CONTENT

While Madarch Cymru endeavors to ensure that the descriptions, photographic reproductions and details of Items on the Website are correct, there could be some variations due to the photographic reproduction process, the internet software or computer system used and the handmade nature of some Items. Madarch Cymru will not be liable in any way for any such variation or the consequences thereof.

  1. DELIVERY

5.1 Any time or date given for the delivery of pruned Items whether it is specified in the Order or not, given by Madarch Cymru will be taken as an objective made byMadarch Cymru in good faith but will not bind Madarch Cymru as the terms of the contract or otherwise.

5.2 Delivery time is not important for the purpose of the Contract and Madarch Cymru will not be liable for any loss or damage suffered by the Buyer as a result of any failure to deliver within a specified time or by a specified date or as a result of the delay however caused.

5.3 Madarch Cymru will not be liable for delays in delivery caused by their distributors or any third party.

5.4 Risk in the Items will be transferred to the Buyer at the time of delivery to the Buyer and the Buyer will insure the Items against loss and damage by fire and all other risks that it is possible to insure against from that time until the price for it has been paid in full and money has cleared. The Buyer will hold on trust for Madarch Cymru any insurance money received as a result of such loss or damage.

5.5 When items have been delivered in parts under the Contract each part will be considered to be sold under a separate Contract and no failure on the part of Madarch Cymru in terms of delivery of a particular part or any errors in manufacture or materials affecting any part will entitle the Buyer to repudiate the Contract in respect of any parts to be delivered or refuse or withhold payment for any Items delivered.

  1. WARNING NO DELIVERY, SHORTAGE OR DAMAGED GOODS

6.1 The Buyer will notify Madarch Cymru of any shortage or damage to Items delivered within 24 hours of delivery or collection, and such notification will be confirmed in writing by the Buyer within 7 days of delivery.

6.2 No responsibilities for shortages or damage will be accepted by Madarch Cymru if the Buyer fails to inform Madarch Cymru about that within the stated period.

6.3 If the personalization of an Item is incorrect as a result of an error by Madarch Cymru, or if an Item is faulty on arrival, Madarch Cymru will offer a full refund or offer a replacement Item at the base price.

  1. TRANSFER OF RIGHT

7.1 Ownership of the Items will remain with Madarch Cymru only until the Buyer has paid the agreed price to Madarch Cymru in full and the money has cleared for all Items under the Contract and any other contract between the parties.

7.2 The Buyer acknowledges that the Buyer holds the Items as recipient of Madarch Cymru only until their price has been paid in full and the money has cleared to Madarch Cymru under Clause 7.1 above.

  1. PRICE

8.1 All prices stated exclude VAT and unless specifically stated, they are based on current costs on the pricing date.

8.2The Buyer is responsible for paying all costs relating to delivery, packing and other relevant taxes and levies relating to the items.

8.3The prices of the Items may vary in order to take into account variations in labour, materials or other costs since the date of the Madarch Cymru valuation or (if no valuation is published) the Buyer's Order. Madarch Cymru reserves the right to adjust the price on the invoice which is payable according to the amount of the increase or decrease in such costs after the price has been specified and the adjusted invoice will be payable as if it were the original price of the Agreement.

  1. PAYMENTS

9.1 All prices quoted on the website are in pounds sterling (£). The price of an Item will be as stated on the Website from time to time, except in cases of obvious error.

9.2 The Website contains a small number of Items and it is still possible, despite Madarch Cymru's best efforts, that some Items listed on the Website will be incorrectly priced. Madarch Cymru will usually check the price as part of the delivery procedures so that, when the correct price of an Item is lower than the price stated on the Website, the Buyer will pay the lower price of these two. If the correct price of an Item is higher than the price stated on the Website, Madarch Cymru will, at its own discretion, either contact the Buyer for instructions before delivering the incorrectly priced Item, or reject the Order in respect of this Item and inform the Buyer accordingly.

9.3 Madarch Cymru' accepts payments via PayPal.

9.4 If the Buyer is shopping from outside the UK, the Buyer's credit card company will convert the transaction to the Buyer's local currency. Any additional charges incurred as a result of such currency conversion will be the sole responsibility of the Buyer. Any customs or import duties charged once the Item reaches its destination in the Buyer's country will be the Buyer's responsibility as The Mushroom Garden has no control over these charges and cannot predict them.

9.5 The Buyer's credit/debit card will be authorized when placing the Order.

9.6 The prices of Items and their supply can change without notice but changes will not affect orders for which Yr Ardd Fadarch has sent confirmation of delivery. The cost of postage and packing will be added to the Order as specified on the Website.

9.7 An email is sent to confirm things when an Order has been placed and again when such an Order has been delivered.

9.8 If the Buyer fails to make payments when they are due, The Mushroom Garden may at its own option and without prejudice to any other rights or improvements it may have under the contract:

9.8.1 suspend any further delivery until payment is made; and/or

9.8.2 repudiate the Contract;

And Madarch Cymru will have the right to charge interest (before and after award) on the outstanding balance of all accounts due from the date of the invoice until the time of payment calculated at a daily rate at a rate of 4% higher than the basic rate from time to time of Barclays Bank Plc.

9.9 The time of making payments is of the essence for the purposes of the Contract.

9.10 The Buyer shall not be entitled to withhold payment of any amount payable under the Contract (or any other contract between the parties) due to a cause disputed by the Buyer in respect of defective goods or any other breach of contract, and the Buyer may not be entitled to withhold this against any amount payable under the Contract (or any other contract between the parties) to Madarch Cymru any money which is or has been designated as payable to Madarch Cymru.

  1. SUPPLY OF GOODS AND DELETE OF ORDERS

10.1 The Buyer may cancel an Order for any reason as long as the Items have not been delivered. If the Items have been delivered, the procedure set out in clause 11 below will be applied.

10.2 For Items that are specially made for you, the Buyer can change or cancel an Order within 36 hours of acknowledging that such Order has been dispatched. Madarch Cymru reserves the right to charge 100% of the cost for any Item that is specially made for you should the deletion occur after 48 hours. To cancel an order, please contact Madarch Cymru via the Contact Us page or call Madarch Cymru on the details above.

  1. RETURN

11.1 If the Buyer is contracting as a Consumer (as defined in the Consumer Protection (Distance Selling) Regulations 2000), the Buyer may cancel the Contract and return the Items within fourteen working days, commencing on the day after delivery of the Product. In this case, the Buyer will receive a full refund of the price paid for the Items in accordance with our refund policy. The provisions of the Consumer Protection (Distance Selling) regulations 2000 do not apply to personal goods and The Mushroom Garden will not offer refunds on such Items (unless such Items are faulty).

11.2 Deleted Orders must be returned to The Mushroom Garden immediately, in the same condition in which they were received by the Buyer and at the Buyer's own cost and risk. The Buyer has a legal duty to take reasonable care of the Items while they are in his/her possession.

11.3 All Items returned must be unused and in their original packaging.

11.4 When a Buyer returns an Item to Madarch Cymru:

11.4.1 because the Buyer has canceled the Contract in accordance with Clause 11.1 above, Madarch Cymru will process the refund due to the Buyer as soon as is reasonably possible and under any circumstances, within 30 days of the Buyer giving notice of cancellation. Under these circumstances, Madarch Cymru will refund the price of the Item in full. However, the Buyer will be responsible for the cost of returning the Item to The Mushroom Garden.

11.4.2 If the reason for returning the Item is that the Buyer believes the Item is defective, Madarch Cymru' will carry out tests that are reasonably necessary to prove whether the Item is defective. If, having carried out such tests, Madarch Cymru comes to the conclusion that the Item is of acceptable quality within the meaning of the Sale of Goods Act 1979 as amended, Madarch Cymru will not be under any obligation to offer any refund and may, at its own discretion, choose either:

11.4.2.1 offer a partial or full refund as it thinks fit;

11.4.2.2 send the original Item back to the Buyer at the Buyer's expense; or

11.4.2.3 take other reasonable steps as Madarch Cymru' deems appropriate.

11.5 When returning Items, it is the Buyer's responsibility to arrange and pay for the return of the Items to Madarch Cymru. The Buyer should ensure that all parcels are adequately sealed and protected and that the Buyer has completed and included a return form.

11.6 Madarch Cymru strongly recommends that the Buyer obtain proof of posting for any Items that are returned as Madarch Cymru cannot accept responsibility for Items that have been lost or damaged in transit.

11.7 Postage and packing costs incurred by the Buyer in connection with returned Items will not be refunded unless the goods are faulty or damaged.

  1. SALE THROUGH THE WEBSITE

12.1 Permission is not granted to copy, reproduce, modify or download the Website or any part of such a site and in particular nothing on such a site may be reproduced for use in any publication, or distributed for any purpose without prior written consent from Madarch Cymru.

12.2 Any information found on the Website is intended as a guide only and the items and prices therein may be changed without notice. No representation or assurance is given regarding the completeness or accuracy of any information on the Website or that such information is up to date.

12.3 When the Website is over-linked to any site operated by a third party, Madarch Cymru' does not accept any responsibility in relation to any product, service, material or information on such a site. The presence of such a site will not mean that Madarch Cymru' approves or certifies such a site.

12.4 Madarch Cymru will not be liable for damage to, or viruses that may affect, any computer equipment, software, data or other property as a result of visiting the Website, or searching the Website or downloading any material, text or image.

12.5 Madarch Cymru will not be liable for any damage, loss, costs, or expenditure suffered by the Buyer as a result of any down time (which is the period when the Website is not available for use by the Buyer for whatever reason) on the Website.

  1. INTELLECTUAL PROPERTY

13.1 All Intellectual Property rights contained in materials or information on the Website are owned by Yr Ardd Fadarch or the registered owner of such Intellectual Property.

13.2 The supply of any Items under the Contract does not confer any rights on the Buyer to use any Intellectual Property from Madarch Cymru without the prior written consent of Madarch Cymru and such Intellectual Property will remain in the possession of Madarch Cymru at all times. The supply of Items under the Contract does not imply any right for the Buyer to use any Intellectual Property held by Madarch Cymru or any indemnity against infringement of the Intellectual Property rights of third parties by Madarch Cymru.

  1. LIABILITY

14.1 Neither Madarch Cymru nor its employers, agents or subcontractors, shall be liable for any loss or damage of any kind (other than death or personal injury resulting from Madarch Cymru's negligence) whether directly or indirectly (including, but not limited to loss of profit, loss of business, lapse of goodwill or otherwise) caused directly or indirectly by any negligence or other tortious act or omission or breach of statutory duty on the part of Madarch Cymru or on behalf of any of its employees, agents or subcontractors in connection with or arising from the Contract or in connection with any statement given or made (or advice not given or not made) by or on behalf of Madarch Cymru (other than a representation made fraudulently). This clause is taken by Madarch Cymru as trustee for its employees, agents and subcontractors.

14.2 Madarch Cymru hereby excludes to the fullest extent permitted by law, all conditions, guarantees and stipulations, express or implied, statutory, customary or otherwise, but for such an exception, would or could be held in favor of the Buyer.

14.3 The Buyer shall indemnify and hold Madarch Cymru indemnified against any loss, costs, expenditure, applications, claims (or in any other way whatsoever) suffered by Madarch Cymru in connection with any act or default on the part of the Buyer relating to the Contract.

14.4 Madarch Cymru' makes no representation or assurance that use of the Items does not infringe the rights of any third party and Madarch Cymru' accepts no liability in this respect.

  1. DEFAULT OR BANKRUPTCY OF BUYER

In the event that:

15.1 the Buyer is in breach of any of its obligations under the Contract; or

15.2 any seizure or proceeding is levied on the Buyer's property or assets; or

15.3 the Purchaser (whether an individual or a partnership) makes or proposes to make any voluntary agreement or composition with its creditors or becomes bankrupt or if any bankruptcy petition is presented against it; or

15.4 by the Buyer (which is a company) an administrative receiver or administrator has been appointed or makes an arrangement with his creditors or begins to be wound up; or

15.5 otherwise if the Buyer fails to pay his debts when they are due, Yr Ardd Fundarch will at his own discretion only, and without prejudice to any other right or request, terminate the Contract immediately, in full or in part.

  1. ACCESSIBLE NATURE OF THE WEBSITE

16.1 Although Madarch Cymru' aims to offer the best possible service, Madarch Cymru cannot guarantee that the Website will be without defects. If a defect occurs on the Website, the Buyer should report it to the Customer Service (see above for contact details) or by email to cynan@yrarddfadarch.cymru and Madarch Cymru will try to correct the defect as soon as it is reasonable for Madarch Cymru to do so.

16.2 The Buyer's access to the Website may be restricted from time to time to allow repairs, maintenance and the introduction of new facilities or services to take place. The Mushroom Garden will try to restore the Website as soon as it is reasonable for it to do so.

  1. INTERNATIONAL USE

If the Buyer chooses to access the Website from locations outside the United Kingdom, the Buyer will be responsible for compliance with local laws.

  1. FORCE MAJEURE

18.1 Madarch Cymru shall have the right to delay or prevent delivery or reduce the amount of Items delivered if the supply, obtaining or delivery of the Items is prevented, hindered or delayed through any circumstances beyond its reasonable control, including, but not limited to strikes, lock-outs, accidents, war, fire, reduction or lack of power at the place of production, equipment or machine breakdown or shortage of labor or labor and raw materials not being available from the usual source and Madarch Cymru' will not be responsible to the Buyer for any loss as a result of this or damage suffered by the Buyer.

18.2 If the performance of the Contract by Madarch Cymru is prevented by any 'force majeure' circumstances, Madarch Cymru will have the right to be released from further performance of the Contract and liability under the Contract. If Madarch Cymru administers such a right, the Buyer will pay the Contract price deducting a reasonable allowance for part of the Contract that has not been performed by Madarch Cymru.

  1. VARIATION

No variation or modifications to the Contract will be binding unless they have been recorded in writing and signed by Madarch Cymru and the Buyer.

  1. WAIVER OF RIGHT

The waiver of a right by Madarch Cymru or the failure of Madarch Cymru to exercise any right or demand strict performance of any provision of the Contract will not act as a waiver of right of, or exclude any further exercise or enforcement of any other right or provision of the Contract.

  1. BREAKABILITY

Each provision of the Contract is severable and different from the rest. The parties intend that all such provisions are and remain valid and enforceable to the fullest extent permitted by law. Should, in any particular case, any of these Terms and Conditions be taken to be invalid or not related to the contract, the other terms and conditions herein will remain in full force and effect.

  1. THIRD PARTY RIGHTS

A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the Contract but this does not affect any third party right or remedy that exists or is available apart from that Act.

  1. WARNINGS

23.1 Any claim, notice or other communication given or made or in connection with the contract, shall be in writing.

23.2 Any such claim, notice or communication given or made in accordance with this clause 23 will be deemed to have been given or made in due course as follows:

23.2.1 if it has been sent by prepaid first class post, on the second Business Day after the day of posting; or

23.2.2 if delivered by hand, delivered to the address provided in the Contract; or

23.2.3 if it has been delivered by fax, at the time of receipt in the recipient's fax machine,

And consider however, if it has been delivered by hand on a day that is not a Business Day or after 4pm on a Business Day, it is considered, instead, that it will have been given or made at 9am on the next Business Day.

23.3 Any claim, notice or other communication of this kind, in the case of service by post or hand delivery, shall be addressed (as provided in this clause 23) to the recipient at the recipient's address specified in the Contract or to another address of the type the recipient may have notified other parties of in writing as the recipient's address for service.

23.4 Any such claim, notice or other communication shall, in the case of service by fax, be sent to the recipient using a fax number at an address which may (in accordance with such provisions) have been used for service by post.

  1. ENTIRE AGREEMENT

The Contract contains the entire agreement between the parties and supersedes any previous agreements and understandings between the parties. The Buyer acknowledges that in entering into a Contract, it does not do so on the basis of or rely on, any representation, assurance or other provision other than as provided in one post in the Contract.

  1. LAW AND GOVERNMENTAL AUTHORITY

These Terms and Conditions and any Contract shall be governed or construed in all respects, in accordance with the laws of England and Wales and the parties hereby submit to the limited jurisdiction of the courts of England and Wales.