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Terms of Sale

Terms and Conditions for Supply of Goods and Services

(1) Introduction

Please read these terms and conditions carefully.

You will be asked to expressly agree to these terms and conditions before you place an order for goods and/or services through our website.

(2) Interpretation

In these terms and conditions:

(a) “force majeure event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, serious adverse weather conditions, riots, terrorist attacks and wars);

(b) “we” means The Tree and Garden Gift Company(and “us”, “our” and “ours” shall be construed accordingly); and

(c) “you” means our customer or potential customer for goods and/or services (and “your” and “yours” shall be construed accordingly).

(3) Order process

The advertising of goods and services on our website constitutes an “invitation to treat”; and your order for goods and/or services constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase goods and/or services from us, you will need to take the following steps: (i) you must add the goods and/or services you wish to purchase to your shopping cart, (ii) you must then review your order in the basket and review our terms and conditions of sale (iii) if you have accepted our terms and conditions of sale you can proceed to the checkout; (iv) you may be asked to enter the delivery address for the order; (v) you will be asked to enter the billing address for your credit card; (vi) you will be taken to an order summary page where you will be shown all of the details of your order, including any delivery charges (vii) you will be transferred to our payment web site, Sage Pay, who will handle your payment; (viii) we will then send you an initial acknowledgement; and (ix) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract)

We will not file a copy of these terms and conditions specifically in relation to your order. We may update the version of these terms and conditions on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms and conditions for your records.

The only language in which we provide these terms and conditions is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your order at the summary step (vi). At this step and any of the preceding steps you will have an option to go back to a previous step and correct any entries you have made.

(4) Goods

The goods will be varieties of trees and related gifts, as listed on our web site from time to time and subject to availability.

Goods will be at your risk from the time of delivery. Ownership of goods will only pass to you upon the later of:

(a) delivery of the goods; and

(b) receipt by us of full payment of all sums due in respect of the goods (including delivery charges).

We will be entitled to recover payment for the goods even where ownership has not passed to you.

(5) Services

Planting of the trees referred to in 4) above

We warrant to you that any services we provide to you will be provided with reasonable care and skill.

After you have completed your purchase on our website, we will contact you to arrange a date and time for the provisions of the services.

If the services are to be provided at your premises, you must provide to our personnel prompt access to the premises, and must ensure that the premises are maintained in good order for the supply of the services, and in accordance with all applicable laws.

You must provide to us or procure for us such information, documentation and third party co-operation, and such governmental, legal or regulatory licences, consents or permits, as may be reasonably necessary to enable us to provide the services.

You must provide to us access to a water supply, a mains electricity supply and a waste water facility.

You must disclose IN WRITING the location of all cables, water, gas, electric, soakaways, mains or sewers or underground services, before planting begins

You must disclose to us IN WRITING at least 7 days before delivery of the products if access is impeded in any manner and in particular if it is less than 1.2m in width and not through a house or other building

You may request the re-arrangement of an appointment to provide services by sending to us a written request at least 7 working days before the appointment is due to take place, in which case we shall contact you to re-arrange the appointment. Without prejudice to your rights described in Section [9], if you request the re-arrangement of an appointment less than 7 working days before the appointment is due to take place, then you will not receive any refund in respect of a cancelled appointment, and you will be liable to pay us the applicable charges in respect of a re-arranged appointment.

If we are unable to provide services at the appointed time or on the appointed date by reason of personnel illness, adverse weather or shortage, we shall contact you as soon as practicable to re-arrange the appointment.

You agree that we may subcontract the provision of the services, providing that we will remain liable to you for the performance of subcontracted services.

(6) Price and payment

Prices for goods and services are quoted on our website. The website contains a large number of goods and services and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that the correct prices will be stated when you pay for the goods and/or services.

If you order goods then, in addition to the price of the goods, you may have to pay a delivery charge in respect of goods, which will be as stated when you pay for the goods or otherwise on the web site.

Payment must be made upon the submission of your order. We may withhold the goods and/or services, and/or cancel the contract between us if the price is not received from you in full in cleared funds.

The prices on the website include all value added taxes (where applicable).

Payments must be made by any method detailed on the website from time to time.

Prices are liable to change at any time, but changes will not affect contracts which have come into force.

If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP £60 (including VAT); and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).

Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms and conditions by giving you written notice of termination.

For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.

(7) Your warranties

You warrant to us that:

(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms and conditions;

(b) the information provided in your order is accurate and complete;

(c) you will be able to receive any services that you order and accept delivery of any goods that you order;

(d) the premises for the supply of any services are within the area that we deliver to as described on our web site and which from time to time may change and the address for the delivery of any goods is within England and Wales];

(e) you are resident in England or Wales; and

(f) you are at least 18 years of age.

(8) Goods: delivery policy

This Section applies if you order goods for direct delivery to your address.

We will arrange for the goods to be delivered to the address for delivery indicated in your order.

In the case of the trees featured for sale on our web site, the majority of the trees featured on our web site are supplied as Bare Rooted Trees. These can usually only be planted between November and March (inclusive) (‘The Planting Season’) and subject to weather permitting.

In the case of orders placed prior to November of any given year, the trees will be planted during the subsequent planting season.

If orders are placed during the current planting season we will endeavour to arrange planting to take place during the current planting season, subject to availability

We will use reasonable endeavours to deliver goods on or before the date for delivery set out in our order confirmation.

We will only deliver goods within the areas described in our web site from time to time and in any event not outside England and Wales.

(9) “Cooling off” period

Under the Distance Selling Regulations, you may have a right to cancel a distance contract to purchase goods and/or services from us.

You may cancel a distance contract to purchase only goods from us at any time within 7 working days following the day you received the goods (subject to the limitations set out below).

You may cancel a distance contract to purchase only services from us at any time within 7 working days following the date that your order becomes a binding contract, providing that the performance of the contract has not begun. The purchase of vouchers shall be considered a contract for services for these purposes, and performance of such a contract will begin when we supply the relevant voucher code to you.

You may cancel a distance contract to purchase a combination of goods and services from us at any time within 7 working days following the date your order becomes a binding contract, providing that the performance of the contract has not begun. In the case of a contract to supply and plant trees, the commencement of the planting process shall constitute the commencement of the performance of the contract.

You hereby agree that we may begin the performance of any services under a distance contract before the end of the 7 working day period referred to in the preceding two paragraphs, in which case you will no longer have a right to cancel the contract under the Distance Selling Regulations.

In order to cancel a contract in accordance with the Distance Selling Regulations, you must give to us written notice of cancellation.

You will not have any such right insofar as a contract relates to: (i) the supply of goods made to your specifications or clearly personalised; or (ii) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly, including trees and other plants that have been planted out.

If you cancel a contract for the supply of goods on this basis, you must take reasonable care of the goods, promptly return the goods to us, and retain possession of the goods until you do so.

If you cancel a contract on this basis, you will be refunded in full – including, in the case of contracts for the supply of goods, the cost of sending the goods to you. However, you will be responsible for paying the cost of returning any goods to us.

If you cancel a contract for the supply of goods on this basis and you do not return the goods to us, we may recover the goods and charge you for the costs we incur in doing so. Similarly, if you return the goods at our expense, we may pass that expense on to you.

(10) Statutory rights

Nothing in these terms and conditions affects your statutory rights (including your right to receive a refund in respect of any defective goods we sell to you).

(11) Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

(12) Limitations and exclusions of liability

Nothing in the terms and conditions will: (i) limit or exclude the liability of a party for death or personal injury resulting from negligence; (ii) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (iii) limit any liability of a party in any way that is not permitted under applicable law; or (iv) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms and conditions.

The limitations and exclusions of liability set out in this Section and elsewhere in the terms and conditions: (i) are subject to the preceding paragraph; and (ii) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out any event or events beyond our reasonable control. If such an event gives rise to a failure or delay in us performing our obligations under these terms and conditions, those obligations will be suspended for the duration of the event. If an event prevents the performance of our obligations under these terms and conditions, we may cancel the contract between us by giving you written notice of cancellation, in which case we will refund to you all amounts paid under the contract.

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you for any damage to cables, sewers, soakaways or pipes, or water, gas, electric, mains or underground services, the existence and location of which has not been disclosed in writing by you to us prior to the commencement of services.

We will not be liable to you for any loss or damage caused by subsidence, flooding or water pollution.

We will not be liable to you for any loss or damage caused by the breakdown of machinery or the non-availability of materials.

We will not be liable to you for any loss or damage caused by any third party.

We will not be liable to you for any loss or damage of any kind, unless: (i) we intentionaly, recklessly or negligently caused such damage; or (ii) such damage was intentionally caused by, or arose out of the recklessness or negligence, of our officers, employees, agents or subcontractors.

(13) General terms

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms and conditions.

Contracts under these terms and conditions may only be varied by an instrument in writing signed by both you and us. We may revise these terms and conditions from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms and conditions is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms and conditions, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms and conditions.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms and conditions. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any or all of our rights and/or obligations arising under these terms and conditions, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

Each contract under these terms and conditions is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section 12: (i) these terms and conditions contain the entire agreement and understanding of the parties in relation to the purchase of goods and/or services from our website and their supply, and supersede all previous agreements and understandings between the parties in relation to the purchase of goods and/or services from our website and their supply; and (ii) each party acknowledges that no representations not expressly contained in these terms and conditions have been made by or on behalf of the other party in relation to the purchase of goods and/or services from our website or their supply.

These terms and conditions will be governed by and construed in accordance with English law,14 and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms and conditions.

(14) About us

Our full name is The Garden Design Company Limited t/a The Tree and Garden Gift Company

Our registered office is 3 Wesley Gate, Queens Road, Reading, Berks RG1 4AP principal trading address is Rivermead, Manor Rd Goring on Thames Reading Berks RG8 9ED.

Our company registration number is 3186279

Our email address is info@treeandgardengiftcompany.co.uk and our telephone number is 07973 261852 .

Our VAT number is 669039501.