Terms & Conditions
These terms and conditions apply to the use of this website, and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this website.
We recommend that you print and store a copy of these Terms and Conditions for your future reference.
"We" or "Us" means The Nursery Shop
"Website" means the website located at http://thenurseryshop.com
"You" means a user or customer of the website
"User" means the individual accessing the website
This is the official website of The Nursery Shop. The copyright and the database rights are owned by The Nursery Shop. The website and all intellectual property rights in its text, design, graphics and the selection, arrangement and organisation thereof, along with The Nursery Shop logo, and all other trademarks, logos and trade names depicted on the website belong to The Nursery Shop or product manufacturers.
3. REGISTERED ADDRESS
The Nursery Shop trades from the following address:
The Nursery Shop
15 Market Place
VAT registration number: 750 0630 70
Tel: 01235 537070
As a customer you agree and acknowledge that the contents and material on the website are made available to you for your personal and non-commercial use. You may only download such information for the purpose of using the website.
5. TERMS OF SALE
5.1 Eligibility to Order
To be eligible to purchase products on this website and lawfully enter into and form contracts on this website under English Law you must:
- Be over 18 years of age.
- Provide your real name, land line telephone number, email address, payment details and other requested information, and give a valid delivery address
5.2 Electronic Contract Creation
The following steps are required to create the contract between You and The Nursery Shop
- Place your order on the website by pressing the 'confirm order' button at the end of the checkout process, and pay for your items by the method selected.
- You will receive and order acknowledgment email detailing the products you have ordered. This is not an acceptance or order confirmation from The Nursery Shop.
- Once your order has been processed we will send you an order confirmation email and the status of your order will be updated.
- Order acceptance and the completion of the contract between you and us will take place on dispatch of your order, unless we have notified you that we do not accept your order, or you have cancelled it.
The contract will be concluded in English
5.3 Direct Delivery Items
In the case of direct delivery items, acceptance of your order and the completion of the contract between you and us will take place when you receive a confirmatory letter from the distributor, unless we have notified you that we do not accept your order, or you have cancelled it.
5.4 Non-Acceptance of an order
Non acceptance of an order by us may occur if the ordered product is unavailable, we identify a pricing or product description error, or we are unable to obtain authorisation for your payment.
5.5 Contract Cancellation
In accordance with Distance Selling regulations, you are entitled to cancel this contract. Please see Returns, Cancellations and Refunds.
6. DELIVERY AND SHIPPING INFORMATION
6.1 Checks Before Ordering
It is your responsibility to check that all details of your order are correct, including the delivery address. Check all product sizes and features to ensure that there is sufficient access for the delivery.
6.2 Delivery Address
It is your responsibility to ensure that the delivery address you provide is correct, with a full and valid postcode, and "Safe Place" instruction. It is your responsibility to ensure there is safe and reasonable access from public highway to faciliate the delivery. In the event that items cannot be delivered due to an address being incorrect or inaccessible you are responsible for any costs involved in the recovery of the goods, and any redelivery that you may later request. If your goods are delivered to another party as a result of incorrect delivery address and instructions being provided, The Nursery Shop cannot be held responsible for any loss you incur.
6.3 Delivery Charges
Delivery charges will be calculated once you provide a delivery address during the checkout process. All reasonable care is taken to ensure the accuracy of our delivery prices in relation to our third party courier services for different destinations. In the event of a delivery charge error we or you may cancel the order in relation to some or all of the goods, as indicated under "Cancellations"
Please see our "Delivery Information" page for further information on our standard delivery tariff.
Please contact us if you require further details of delivery charges, or to request a delivery quote.
6.4 Local Charges
For destinations outside the UK please check with your local authorities for any local duties, taxes and inspection fees that you will be required to pay, as these will not be included in our prices.
6.5 Delivery Methods
Most items will be delivered by a third party courier company. If there is no-one in to receive your delivery and you have not provided "Safe Place&Quot; instructions for where goods can be left then your order will be taken to a local depot, and a calling card will be left to notify you. It is then your responsibility to follow the instructions on the card to arrange a redelivery. If the goods cannot be delivered they will be returned to us and you will be charged an additional fee to rearrange the delivery.
6.6 Delivery Times
Delivery dates are not guaranteed but we will do our utmost to ensure goods are delivered within the stated period.
We shall not be liable for delays or failure of delivery by our couriers or due to other circumstances beyond our reasonable control, such as adverse weather conditions. Please note delivery times are given in working days only and are exclusive of weekends and public holidays.
If an item is required urgently or by a specific date we advise you to contact us before placing your order
6.7 Special Instructions
If you wish to give special instructions for delivery, such as a secure location for goods to be left, these must be stated in writing during the checkout process, in the order comments section of the delivery information page. Your request will be passed to our couriers, although we cannot guarantee that your request will be upheld. We accept no liability for items left unattended upon your request.
6.8 Essential Checks on Delivery
An adult must be available at the delivery address to accept the goods, sign and acknowledge receipt in a safe and satisfactory condition. If goods are not in a safe and satisfactory condition, the delivery driver must be notified, and the items should be signed as 'damaged'. Failure to notify the delivery driver of any damage or missing items may result in delay of the processing of any enquiry regarding damaged goods. Please report any defects immediately upon delivery to customer services.
7. RETURNS, CANCELLATIONS AND REFUNDS
You have the right to cancel your order at any time before you receive the products you have ordered, by contacting The Nursery Shop by email. If your order has been dispatched when you contact us, you will be advised and will be liable to pay all delivery charges, including the cost of returning goods. If you wish to cancel your order after you have received the products you have ordered, please refer to 'Returns' below
7.2 Returns, Exchanges and Refunds
You are entitled to cancel your contract and request to return unwanted items within seven days after the day that you receive your order. If you wish to return any items for refund or exchange, please contact customer services by emailing email@example.com. You will then be contacted with a returns number, which must be included in your return. Items without a valid return number will not be processed or refunded. All costs for returning products must be paid by you. Please ensure you package and label items correctly so they are not lost or damaged in transit. We recommend that you obtain proof of posting, as in the event that items are lost in the post, they remain your responsibility and property until we receive them.
We request that any cancelled products are returned to us within seven working days. On safe receipt of these goods, we will then refund any payment that you have made less the delivery charges and an administration fee.
Gift Vouchers are non returnable and can not be exchanged for cash.
7.3 Damaged or Faulty Items
In the unlikely event that an item you receive is faulty or damaged in transit, please follow the returns procedure as set out above. Once we receive the item, we will inspect it and test for faults as described. If the item is deemed to be faulty or damaged, you will be refunded in full, including UK delivery costs where appropriate.
If we do not agree that the product is faulty, we will process your item as a return, and refund you for the cost of the item, but not any postage or delivery costs.
If for any reason you are unhappy with our service you can contact the Manager or Owner of The Nursery Shop by writing to them at The Nursery Shop, 15 Market Place, Abingdon, Oxfordshire, OX14 3HA
8. PRODUCT DESCRIPTIONS
Every effort is made to ensure that the products we supply correspond as closely as possible to the products shown in our shop or displayed on this website, but they might not be exactly the same. Whilst every reasonable effort is made to ensure the accuracy of colour reproduction on this website, colour may vary in accordance with the settings of your monitor, software or printer. If colour is important to you we advise you visit our retail shop or contact customer services before ordering.
All prices are in Pound Sterling and are inclusive of VAT at the current rates. Delivery charges are in addition to the price displayed, and will be provided upon the entry of a delivery address during the checkout process.
All reasonable care is taken to ensure that the prices shown are correct at the time of publication, including VAT. If an error has been made, we or you may cancel the order in relation to some or all of the goods, as indicated under "cancellations". If a pricing error occurs on a product you have ordered, we will contact you to check that you still wish to proceed with your order.
10. WEBSITE CONTENT
We will take all reasonable care to ensure that all details, descriptions and prices on our website are correct at the time when the relevant information was upload onto the system. Please note that in the event that an error is identified, non acceptance of an order by us may occur, subject to your statutory rights.
11. EXTERNAL LINKS
11.1 Third Party Links
To enhance the service that we provide to our users, we may provide links to websites or resources for you to access at your sole discretion.
Unless specifically provided, we make no representations whatsoever about any other websites which can be accessed through our website, or through which you may access our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website.
Any concerns regarding an external link should be emailed to us.
12. AMMENDMENTS TO THESE TERMS AND CONDITIONS
We reserve the right to amend these terms and conditions at any time. Any such amendment will take effect when posted on the website and it is your responsibility to read the terms and conditions each time you visit this website. Your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
13. INTELLECTUAL PROPERTY
All copyright, database rights, trademarks and all other intellectual property rights in all material and content of this website is owned by The Nursery Shop or our licensors and shall remain at all times vested in us or our licensors as expressly authorised by us or our licensors.
14. DATA PROTECTION AND PRIVACY
15. RISK AND TITLE
No order is binding to you or The Nursery Shop until we have accepted it. All title and ownership of the ordered goods will pass to you from the moment they are dispatched by us to the postal service or to our couriers, or on payment in full by you of the price of the goods and any delivery charge, and risk will pass on delivery.
If any provision contained in the terms and conditions is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, this shall not effect the other terms and conditions, which shall remain in full force and effect.
A failure by us to exercise or enforce any right conferred upon us by these terms and conditions shall not be deemed to be a waiver or such right, or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
You agree fully to indemnify, defend and hold us, and our employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your account and/or your personal information.
19. GOVERNING LAW
These terms and conditions shall in all respects be governed by the laws of England, and all disputes will be subject to the exclusive jurisdiction of the courts of England.